Access to and use of any websites provided by John Farlam (hereinafter called 'The Websites') is provided by John Farlam subject to the following terms.
By using The Websites you agree to be legally bound by these terms, which shall take effect immediately on your first use of The Websites. If you do not agree to be legally bound by all the following terms please do not access and/or use The Websites.
John Farlam (or anyone acting on his behalf) may change these terms at any time by posting changes online; please review these terms regularly to ensure you are aware of any changes made. Your continued use of The Websites after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of The Websites
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use The Websites content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any The Websites content except for your own personal, non-commercial use. Any other use of The Websites content requires the prior written permission of John Farlam.
You agree to use The Websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of The Websites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within The Websites.
Payments for the adimasterclass.co.uk members area are not refundable unless specifically covered by terms of a special offer. In the event of a payment being refundable there is a £25 administration fee. Refunds for any Driving Instructor Training product offered by John Farlam or any company with which he is associated are covered by there own separate and additional terms and conditions agreed at the commencement of the course or purchase.
Membership at http://www.adimasterclass.co.uk. Normal Membership Basic and Gold renewal Subscriptions can be paid at any time and a credit will be applied to the account to commence at the end of the current subcription period. Special offer and discount subscriptions for Gold and Basic Membership become active immediately and the subscription period will run concurrently with any existing subscription. Subscriptions to the SmartDriving Members Area made in error are refundable within 48 hours of payment - to avail of a refund a request must be made in writing. Subscriptions are not refundable after a period of 48 hours has elapsed. The information in this paragraph applies to Membership at http://www.adimasterclass.co.uk only and not to products/services hosted on any other domain.
Members' Area Full Refund Guarantee:
The Members' Area at http://www.adimasterclass.co.uk and branded as the SmartDriving Members' Area is provided independently of any other service offered by watch.learn.drive.com Ltd. It is an independent business operated by John Farlam.
The refund guarantee is designed to offer a refund to any instructor who genuinely and honestly believes that the information is not worth the fee paid and is therefore of no value to his/her business or personal development. The refund is not available simply because someone has changed their mind about being a member, ceased to be a driving instructor or stopped trying to qualify.
This guarantee is offered on the basis that a user feels and can demonstrate that the Member's Area is not worth the subscription fee. The refund can be claimed after six months membership subject to the following terms:
That any request is made after six months has elapsed during a users first period of membership.
The user will offer an explanation of why he/she feels that the subscription is not worth the fee paid.
The the user has demonstrated that the subscription is not worth the fee by non-use of the Members' Area for a minimum period of three months.
The guarantee does not apply to second or subsequent membership periods, either free or paid, following initial membership periods of six months or longer. Users who have chosen to pay a subscription fee are deemed to have demonstrated that they believe the content to be worth the fee paid by paying for a further subscription.
That if the user does not qualify for a refund at the time of the request, the refund guarantee will no longer be available to that user.
In the event of a user being eligible for a guarantee payment will be refunded via the original payment method.
Disclaimers and Limitation of Liability
Content of The Websites, including the information, names, images, pictures, logos and icons regarding or relating to John Farlam and/or SmartDriving, SmartLearners, ADIMasterClass and DriverActive their products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Under no circumstances will John Farlam or anyone acting on his behalf be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or
(g) any indirect, consequential, special or exemplary damages arising from the use of The Websites regardless of the form of action.
John Farlam does not warrant that functions contained in The Websites content will be uninterrupted or error free, that defects will be corrected, or that The Websites or the server that makes it available are free of viruses or bugs.
The names, images and logos identifying John Farlam, SmartDriving, SmartLearners or third parties and their products and services are subject to copyright, design rights and trade marks of John Farlam, SmartDriving, SmartLearners and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of John Farlam, SmartDriving, SmartLearners, or any other third party.
Contributions to The Websites
By submitting your contribution to The Websites, you warrant that your contribution:
is your own original work and that you have the right to make it available to John Farlam for all the purposes specified above;
is not defamatory;
does not infringe any law;
indemnify John Farlam against all legal fees, damages and other expenses that may be incurred by John Farlam as a result of your breach of the above warranty;
waive any moral rights in your contribution for the purposes of its submission to and publication on The Websites and the purposes specified above.
The Websites Rules for use of News Posting, Blogs, Message Boards and Forums
You agree to use The Websites News Posting, Blogs, Message Boards and Forums in accordance with the following Rules.
About your posts:
Contributions must be civil and tasteful
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.
Be patient: users of all ages and abilities may be taking part in the relevant area.
No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
Contributions containing languages other than English may be removed
No inappropriate (e.g. vulgar, offensive etc) user names
If you post or send offensive or inappropriate content anywhere on or to The Websites Communities or otherwise engage in any disruptive behaviour on The Websites, and John Farlam considers such behaviour to be serious and/or repeated, John Farlam may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s.
John Farlam reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
Hyperlinking to The Websites
You do not have to ask permission to link directly to pages hosted on the Websites. We do not object to you linking directly to the information that is hosted on our site. However, we do not permit our pages to be loaded into frames on your site. The Websites pages must load into the user's entire window.
Hyperlinking from the The Websites
It is our policy to obtain permission to link to other websites except where the terms and conditions of those sites have no restrictions on inbound links.. We are not responsible for the content or reliability of the linked websites. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of linked pages.
If you are a user with general public and anonymous access the Websites do not store or capture personal information, but merely logs the user's IP address that is automatically recognised by the web server.
This privacy statement covers all website governed by this Agreement. This statement does not cover links within this site to other websites.
The system will record your email address and other information if volunteered to us by you. This shall be treated as proprietary and confidential. It may be used for internal review and to notify you about updates to the Websites.
Where personal information is supplied as part of a subscription service, that information will be held in accordance with the terms of the UK data protection regulations.
See the link on the menu bar for our full privacy statement
If there is any conflict between these terms and specific terms appearing elsewhere on The Websites then the latter shall prevail.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
No part of this web site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission. Unauthorised reproduction may result in prosecution or action for damages.
You can access our Web sites home page and browse our sites without disclosing your personal data.
Name, E-mail address, and post code are required for access to member protected areas.
Services and links of our web sites
Our members forum enables you to communicate with other visitors or to post information to be accessed by others.
When you do so, other visitors may collect your data.
Automatic Collection of Information
We do not automatically log personal data nor do we link information automatically logged by other
means with personal data about specific individuals.
individuals. We do so for the following purposes:
Technical administration of the Web site
We do not automatically log any other personal data.
Data Collection and Purpose Specification
We collect the personal data that you may volunteer while using our services.
We do not collect information about our visitors from other sources, such as public records or bodies, or private organisations.
The only information we collect is for the administration of the members area. This information is as follows:
First name: Family name:
e-mail address: post-code:
The information is not used for any purpose other than:
Internal web administration (technical) and customer administration
Contacting and distributing information to fee subscribed members
Marketing and distribution of information to non fee subscribed members
We do not collect or use personal data for any purpose other than the purposes indicated above.
We do not knowingly collect personal data from children.
If it is discovered that information has been provided by anyone under the age of 16 years that information is immediately deleted.
Disclosure and Visitor Choice
We do not disclose your personal data to our subsidiaries or other organisations.
You can unsubscribe from services and mailing at any time by contacting us via the feedback form or using links in our e-mail messages.
All mail sent by SmartDriving contains unsubscribe information.
Confidentiality / Security
We do not give visitors to our Web site the option of using a secure transmission method
to send us their personal data when applying for membership.
All monetary transactions are conducted through a secure third party web server (Pay-Pal).
We have implemented security policies, rules and technical measures to protect the personal data that
we have under our control from:
improper use or disclosure
unlawful destruction or accidental loss
All our employees and data processors, who have access to, and are associated with the
processing of personal data, are obliged to respect the confidentiality of
our visitors' personal data.
We ensure that your personal data will not be disclosed to State institutions and authorities
except if required by law or other regulation.
Access to the personal data we may hold about you
Members can view and edit ant data we hold about them by logging in to their account
We will provide you with a readable copy of the personal data which we keep about you, almost instantaneously on-line. - although we require proof of your identity by login-. We will provide the information without any charge.
We allow you to challenge the data that we hold about you and, where appropriate, you may have the data: erased, rectified or amended, corrected.
we are voluntarily committed to a Self Assessment procedure.