1.1 This page tells you the terms and conditions (“Terms”) on which we supply an online summit (“Summit”) listed on our website https://www.damselnotindistress.co.uk ("our site”) to you. Please read these Terms carefully before signing up to a Summit.
1.2 You should print a copy of these terms and conditions for your future reference.
2.1 The website https://www.damselnotindistress.co.uk is a site operated by Damsel Not In Distress Ltd ("we" or “us”). Our address is Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP, Scotland and our email address is hello@damselnotindistress.co.uk.
3.1 By registering for one of our Summits, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
3.2 The agreement is between us and you, the person or entity registering to be a participant in the Summit (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Summit (the “Confirmation”) and shall continue until terminated in accordance with these Terms. The Contract will relate only to those Summits whose access or download we have confirmed.
3.3 These Terms should be read in conjunction with our Website Terms of Use and Privacy Policy (both of which can be found on our site).
3.4 Any content posted or submitted by you to our site or in our forum or any contribution on group sessions in the course of the Summit is subject at all times to the Website Terms of Use available at https://www.damselnotindistress.co.uk/terms-of-use.
4.1 Summits shall be provided through digital content not on a tangible medium, that is online access to digital materials, including video, audio and/or written content.
4.2 Online live group sessions may also be provided. During these sessions, you will be expected to abide by the following conduct guidelines:
Respectful communication: participants are expected to communicate respectfully with each other, avoiding any form of harassment, discrimination, or inflammatory language.
Confidentiality: participants must keep any personal or sensitive information shared during the sessions private. Disclosure of another participant's confidential information without consent is strictly prohibited. This does not apply to: any use or disclosure authorised by the relevant participant(s) or required by law; any use or disclosure which you consider necessary or advisable in order to prevent illegal acts or harm to others; or any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
Constructive participation: participants should contribute positively to discussions and respect the contributions of others. Disruptive behaviour, including speaking over others or dominating conversations, will not be tolerated.
No recording: participants are prohibited from recording any part of the sessions without prior written consent from the organisers. This ensures the privacy and comfort of all attendees.
4.3 The organisers reserve the right to remove any participant from the session who does not adhere to these conduct guidelines.
4.4 Participants are encouraged to provide constructive feedback to help improve future sessions. Any concerns about conduct during the sessions should be reported to the organisers immediately.
5.1 The materials we deliver as part of a Summit do not in any way constitute advice or recommendations. We are providing training and guidance only.
5.2 Any information or guidance we provide as part of a Summit is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.
5.3 You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provider and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.
5.4 If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.
5.5 If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor or healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.
5.6 Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.
6.1 We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6.2 You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Summit to you in accordance with our Privacy Notice that you can view at https://www.damselnotindistress.co.uk/privacy-policy.
7.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Summit and all content within the Summit and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Summit or the content of the Summit to you or to any other person.
7.2 We shall enforce our Intellectual Property Rights in the Summit to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING SUMMIT MATERIALS IS STRICTLY PROHIBITED.
7.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Summit.
7.4 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Summit for the purposes for which the Summit was provided only.
7.5 Except as set out in paragraph 7.4, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
7.6 You may not without our prior written consent make any audio or visual recordings of any part of our Summit.
7.7 The provisions of this paragraph 7 shall survive termination of the Contract..
8.1 The Contract shall continue until the end of the Summit when the Contract shall expire other than for the Terms that are specifically stated to remain in force. For the avoidance of doubt, the license granted in paragraph 7.4 shall terminate automatically on termination or expiry of the Contract.
8.2 Notwithstanding the provisions of paragraph 8.1, we may terminate the Contract on written notice with immediate effect if at any time you commit any serious or repeated breach or non-observance of any of the provisions of these Terms. This includes being disruptive, sending irrelevant or unsolicited communication to other Summit attendees, infringing Intellectual Property rights, being defamatory, or not complying with content standards.
8.3 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.4 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.5 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.6 This paragraph 8 shall survive termination of the Contract.
8.7 Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.3 and all other paragraphs that refer to “termination”.
9.1 Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Summit.
9.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to £100.
9.4 Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.
9.5 The provisions of this paragraph 9 shall survive termination of the Contract.
9.6 You acknowledge and agree that:
The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Summit (which shall be deemed to have been terminated by mutual consent);
in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Summit other than as expressly set out in the Contract.
10.1 You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.2 We may vary these Terms as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Summit will be deemed to be your acceptance of any new Terms. Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this within 7 days of our email to you setting out the changes to the terms, the Contract will terminate immediately without further notice.
10.3 The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
10.4 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.5 If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
10.6 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.7 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10.8 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
10.9 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scottish law.
10.10 We each irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
10.11 For the avoidance of doubt, this contract has been formed in Scotland.
10.12 Unless the context otherwise requires, a reference to one gender shall include a reference to all genders.
© Damsel Not in Distress Ltd,
Company no. SC770248, All Rights Reserved
Damsel Not In Distress ® is a registered trade mark