Terms & conditions

Terms & conditions2018-09-10T22:57:31+00:00

Terms of service

Introduction

The following terms and conditions govern all use of the Agile201.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Agile201 Ltd. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Agile201’s Privacy Policy) and procedures that may be published from time to time on this Site by Agile201 (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Agile201, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Agile201.com account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not comment, describe or assign keywords on the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Agile201 may change or remove any comment, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Agile201 liability. You must immediately notify Agile201 of any unauthorized uses of your account or any other breaches of security. Agile201 will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of contributors

If you comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (“Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, computer software or any other type of material. By making Content available, you represent and warrant that:

  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. your Content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  8. your Content is not named or described in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Agile201 or otherwise.

By submitting Content to Agile201 for inclusion on the Website, you grant Agile201 a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Agile201 will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Agile201 has the right (though not the obligation) to, in Agile201’s sole discretion (i) refuse or remove any content that, in Agile201’s sole opinion, violates any Agile201 policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Agile201 will have no obligation to provide a refund of any amounts previously paid.

Payment and renewal

By selecting a product or service, you agree to pay Agile201 the one-time and/or periodic subscription fees indicated (additional payment terms may be included in other communications). Payments will be charged on a pre-pay basis on the day you sign up and in advance of using such services. Where the payment mechanism makes this possible, payments will cover the use of that service for the period indicated in the invoice. Subscriptions are renewed automatically unless explicitly requested by the subscriber and agreed in writing by Agile201.

Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Agile201 reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at any time on thirty (30) days written notice to Agile201.

Payments are not refundable.

Responsibility of website visitors

Agile201 has not reviewed, and cannot review, all of the user-supplied material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Agile201 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Agile201 disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content posted on other websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Agile201.com links, and that link to Agile201.com. Agile201 does not have any control over those non-Agile201 websites and webpages, and is not responsible for their contents or their use. By linking to a non-Agile201 website or webpage, Agile201 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Agile201 disclaims any responsibility for any harm resulting from your use of non-Agile201 websites and webpages.

Copyright infringement

As Agile201 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Agile201.com violates your copyright, you are encouraged to notify Agile201. Agile201 will respond to all such notices, including as appropriate by removing the infringing material or disabling all links to the infringing material. Agile201 will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Agile201 or others. In the case of such termination, Agile201 will have no obligation to provide a refund of any amounts previously paid to Agile201.

Intellectual property

This Agreement does not transfer from Agile201 to you any Agile201 or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Agile201. Agile201, Agile201.com, the Agile201.com logo, and all other trademarks, service marks, graphics and logos used in connection with Agile201.com, or the Website are trademarks or registered trademarks of Agile201 or Agile201’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Agile201 or third-party trademarks.

Changes

Agile201 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Agile201 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Your account can only be terminated by Agile201 if you materially breach this Agreement and fail to cure such breach within five (5) working days from Agile201’s notice to you thereof.

Closure of business

Agile201 can terminate the Website immediately as part of a general shut-down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of warranties

The Website is provided “as is”. Agile201 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Agile201 nor its suppliers and licensors makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of liability

In no event will Agile201, or its suppliers or licensors, be liable with respect to any subject-matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Agile201 under this agreement during the twelve (12) month period prior to the cause of action. Agile201 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General representation and warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Agile201 Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Agile201, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Agile201 and you concerning the subject-matter hereof, and may only be modified by a written amendment signed by an authorized executive of Agile201, or by the posting by Agile201 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be courts located in the United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in United Kingdom and in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Agile201 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy policy

Agile201 operates Agile201.com and may operate other websites. It is Agile201’s policy to respect your privacy regarding any information we may collect while operating our websites. This Privacy Policy governs the use and storage of your personal data.

Data controller

Agile201 Limited is a Controller of the personal data you provide us.

Website visitors

Like most website operators, Agile201 collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Agile201’s purpose in collecting non-personally identifying information is to better understand how Agile201’s visitors use its website. From time to time, Agile201 may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Agile201 also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Agile201.com sites. Agile201 only discloses logged-in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the site where the comment was left.

Personally-identifying information

  1. Subscribers, members and visitors to Agile201’s websites choose to interact with Agile201 in ways that require Agile201 to gather personally-identifying information. The amount and type of information Agile201 gathers depends on the nature of the interaction.
  2. The information held about subscribers and members is as follows:
    1. We ask subscribers for their first and last name, and also for their work title, work telephone number and work email address.
    2. We ask members for their first and last name, and also their work email address.
    3. We also ask for name of the individual responsible for approving your subscription, and also for their work title, work telephone number and work email address.
  3. We need your personal data in order to provide you with the following services:
    1. To process your subscription and/or membership.
    2. To allow you access to the Agile201 website as part of the agreement we have with your employer.
    3. As evidence of the fees charged and income received for the audit of our accounts and to support submissions to Her Majesty’s Revenue and Customs.
  4. Agile201 will comply with the requirements of the Data Protection Act 2018 in respect of all data obtained about subscribers, members and Associates.

Data processing, distribution and retention

  1. Your personal data is processed and stored at Agile201’s offices in the United Kingdom. Online hosting and storage of your data takes place in locations determined by our hosting provider, SiteGround.com.
  2. No third party providers have access to your data, unless specifically required by law.
  3. We will keep your personal data for two full financial years after you are no longer included in your employer’s subscription to Agile201. After this period, your personal data will be irreversibly destroyed. Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information.
  4. Agile201 does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in website-related activities.
  5. Agile201 may collect statistics about the behaviour of visitors to its websites. Agile201 may display this information publicly or provide it to others. However, Agile201 does not disclose personally-identifying information other than as described below.
  6. Agile201 discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that:
    1. need to know that information in order to process it on Agile201’s behalf or to provide services available at Agile201’s websites.
    2. have agreed not to disclose it to others.
  7. Some of those employees, contractors and affiliated organisations may be located outside of your home country; by using Agile201’s websites, you consent to the transfer of such information to them.
  8. Agile201 will not rent or sell potentially personally-identifying and personally-identifying information to anyone.
  9. Other than to its employees, contractors and affiliated organisations, as described above, Agile201 discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Agile201 believes in good faith that disclosure is reasonably necessary to protect the property or rights of Agile201, third parties or the public at large.
  10. If you are a registered user of an Agile201 website and have supplied your email address, Agile201 may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Agile201 and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
  11. Agile201 takes all measures reasonably necessary to protect against the unauthorised access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

What are your rights?

  • Should you believe that any personal data we hold on you is incorrect or incomplete, you have the right to request to see this information, rectify it or have it deleted. Please contact us through our Feedback page.
  • In the event that you wish to complain about how we have handled your personal data, please contact our Data Protection Officer via our Feedback page. Our Chief Operating Officer will then look into your complaint and work with you to resolve the matter.
  • If you still feel that your personal data has not been handled appropriately according to the law, you can contact Information Commissioner’s Office and file a complaint with them.

Cookies

  • A cookie is a string of data that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns.
  • Agile201 uses cookies to help Agile201 identify and track visitors, their usage of Agile201 website, and their website access preferences.
  • Agile201 visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Agile201’s websites, with the drawback that certain features of Agile201’s websites may not function properly without the aid of cookies.

Business transfers

  • If Agile201, or substantially all of its assets, were acquired, or in the unlikely event that Agile201 goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
  • You acknowledge that such transfers may occur, and that any acquirer of Agile201 may continue to use your personal information as set forth in this policy.

Policy changes

Although most changes are likely to be minor, Agile201 may change its Privacy Policy from time to time, and in Agile201’s sole discretion. Agile201 encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a Agile201.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Copyright & distribution

Copyright in all materials on Agile201.com, including all supporting or included or download materials, is the property of the site’s owners. All intellectual property rights are reserved for all materials.

Unless otherwise explicitly acknowledged, the copyright in all updates to this site that include or are influenced by feedback from its subscribers is the property of the site’s owners.

Many Agile201 training courses expire after a while. This allows us to keep control of how they are distributed. As a subscriber you can always obtain a fresh copy whenever you want.

If you would like permission to use copyright materials from Agile201.com, email your request to us using the feedback form, which is to be found elsewhere on this site.

As a current subscriber or otherwise authorised user of Agile201.com you are entitled to:

view the site through a web browser;

stream video or audio files;

use any services offered by the website.

You may not, without our written consent:

download or save by any means or to any device pages, images, excerpts, data, videos, presentations, training or any other material from our website;

print pages from our website;

screen-scrape material from our website;

republish material from our website;

distribute material from this website;

sell, rent or license material from our website;

exploit our website for commercial purposes.

If you are discovered to have violated the copyright or other terms and conditions of this site, then:

We will bring legal proceedings against you, as part of which we may seek any or all of the following:

an injunction to stop you using our materials;

monetary damages;

punitive damages;

reimbursement of our legal costs and other expenses.

We may publicise the case and your actions as widely as possible.

We may disbar you and your entire organisation from using Agile201.com and its services.

Leave A Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Want to do more than just build systems?             
error: Agile201 is wholly copyright and copy-protected.