Welcome to Selfesteem4women.com. Before we get into the detail of our agreement, please let us thank you for spending time with us here on the Website. We hope you find the experience enjoyable, stimulating, and rewarding.
The following Terms and Conditions constitute the Access Agreement between Ibex Management Limited - who own Selfesteem4women.com - and users of the Website.
You must agree in full to what is written in the Terms in order to use Selfesteem4women.com. You are given the opportunity to signal your consent by checking the box as indicated at the bottom of the "join us today" page but this Access Agreement will still be binding on you if you circumvent the check-box and attempt to use parts of the site intended for members only.
introduction
We want this Website to be as useful to you as possible, so we must ask you to be very open and honest when you input your information to this site.
To do this, it is important that you feel comfortable with us, and with the purpose of our site, so that you can establish some trust in us. This is why we have structured this Access Agreement to lay out clearly what you should expect from us, and what we should expect from you.
Please read it carefully. We have tried not to make it boring, but it is a legal document and it will form the basis of our online interactions.
statement of intent
The Selfesteem4women.com website has been designed to help women enrich their lives, but the self-help resources we offer only support you in making decisions - we don't make them for you.
The Selfesteem4women process is not based on, nor seeks to promote, any particular set of cultural or religious beliefs. It is not concerned by racial, national, political, and geographical characteristics, and is designed to be in harmony with modern women who believe that a fulfilling balance across all aspects of their lives is important.
The system-generated feedback we provide in response to your inputs is based on our experience of coaching and developing thousands of people around the world. It is intended to be thought-provoking in a positive sense. Our desire is that women who use our site can look at their lives in a more open, objective, and constructive manner, and can begin to make better life-decisions as a result.
As part of our policy to be open with you this agreement sets out in some detail our responsibilities to each other.
Whilst our tests and self-help resources are based on real-life experience we don't claim to be medically qualified. This site, and the feedback it offers, is in no way intended to be an alternative to, or substitute for, professional guidance and counselling offered by qualified practitioners who may provide a personal and face-to-face service for those who need it.
Our Website is offered as a service to you, the user. You have the opportunity to take independent legal advice on the terms of this agreement before continuing to use Selfesteem4women.com. Your use of this Website and/or your acceptance of these terms, conditions, and notices without modifying them constitutes agreement by you to all of these terms, conditions, and notices. Only those who enter into this agreement are authorised to use this Website.
The information on this Website has been provided in English. At the moment Selfesteem4women.com is marketed only to residents of the United Kingdom. If you are not resident in the United Kingdom you are authorised to use Selfesteem4women.com only if you are sure that it is legal to do so where you live and that this agreement between us is valid there. Sometimes to help you complete details on this site (such as in the registration form) we may use drop down boxes that feature the names of countries and regions other than the United Kingdom. This does not mean that we are marketing Selfesteem4women.com there - we have just used some standard lists of locations to help you. If you would like to see a copy of the material on this site including this agreement in another language prior to proceeding please contact us immediately and we will arrange for a translation to be provided at your cost.
In proceeding you warrant that you believe this agreement to be reasonable in its entirety.
1. about Selfesteem4women.com
The Website is operated by Ibex Management Limited, a limited company which is registered in England & Wales under company number 3583248 and whose registered office is at 26 Park Road, Melton Mowbray, Leicestershire, LE13 1TT, England (called 'Ibex' or 'we' in this agreement). Ibex may be contacted by letter marked for the attention of Alison Finch, Ibex Management Limited, at the registered office address or by email at alison.finch@ibexmanagement.com.
2. copyright and trade mark notices
All of the Selfesteem4women.com names and logos which are used from time to time on the Website are the property of Ibex, including UK trademarks for Diasa® and Life-Mining®, and are protected by the laws of passing off and/or the Trademarks Act 1994. Other product and company names mentioned on the Website or on other websites accessed through the Website may be the trademarks of their respective owners. All contents of this Website are copyright (c) 2003-2007 Ibex Management Limited, are protected by database rights and may also be protected by other means.
No part of the Website nor any material downloaded from it (in particular the self-help resources) may be reproduced in any form whether electronically or otherwise without the prior written consent of Ibex Management Limited, other than temporarily as one single copy to print out for personal use, or in the cache of your computer in the course of using the service.
You must retain all copyright or trade mark notices contained on this Website on any copy you make of it or part of it. You may not sell or modify what is on the Website or reproduce, display, publicly perform, distribute, or otherwise use the material on it in any way for any public or commercial purpose. The use of the material on any other website or in a networked computer environment for any purpose is prohibited.
You must not reverse-engineer or recreate the Website, database or any part of it or in any other way infringe the copyright, database rights or other intellectual property rights in the Website.
3. data protection
Ibex Management Limited is deemed notified to process data under the Data Protection Act 1998 under notification PZ7387424. Use of the
http://www.selfesteem4women.com Website and our use of the data we collect are described in our Privacy Policy which is incorporated into this agreement. You
should remind yourself of the contents of our Privacy Policy by visiting:
http://www.selfesteem4women.com/site/privacy.htm
4. browser access, download times, and content
In order to make the Selfesteem4women.com website more user-friendly, and to increase the amount of information we provide, a number of software applications are used. Right now these applications have been optimised for use only on PCs running Internet Explorer 5+. They are not intended for, nor have been tested on, other combinations of hardware and browser, and we are therefore unable to offer technical support in the event that you choose to use a combination other than PC/IE5+ to access the Website.
The Website may use Flash software and pop-up pages with photographic images. These devices may take more time to load than conventional HTML web pages, especially if you are accessing the Selfesteem4women.com site over a dial-up connection to the internet or via a mobile device such as a WAP phone, PDA or any other wireless connection. By proceeding to download Flash or Pop-up parts of the Website you acknowledge the increased download time and computing resource needed.
The Selfesteem4women.com tests and self-help resources aim to get to the heart of what concerns you. For this reason sometimes we need to ask you questions that you may find awkward. Some of our content might offend you - that is not our intention, but please bear this in mind when you use the Website.
Selfesteem4women.com is only suitable for mature adults - please make sure that no-one under the age of 18 is able to observe the Website when you are using it.
5. limitation on types of use
You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Website. You may not use the site for anything other than the purpose outlined in this Access Agreement and you may not use spiders or other robotic software tools to gather information from the Website.
6. liability disclaimer
Please Read Carefully as this Clause Limits your Ability to Claim Damages
The main purpose of the Website is to provide information about the services that Ibex can offer in relation to life change and increased personal productivity.
Ibex uses reasonable care to check the accuracy of information published on this Website. You should note however that Ibex does not give any warranty that any information will be accurate or up-to-date and the user acknowledges that the information and services published on this Website may include inaccuracies or typographical errors. Changing what you do in life represents a significant commitment and independent advice should always be taken before considering any action based on your work with Selfesteem4women.com. In particular, you should always seek advice from qualified medical practitioners before making any changes to your physical routine or eating patterns, and before making any changes that may affect your health or physical well-being in any way whatsoever.
Information contained in, or accessible via, the Website changes on a regular basis as we learn more about human interaction. Ibex and/or its associates may make improvements or alterations to this Website at any time and without notice. In particular, and without limitation to the rest of this agreement, Ibex is not able to guarantee that its service will continue or be accurate during time of server failure. Ibex is not responsible in any way whatsoever for the content of any site accessed using Selfesteem4women.com, nor (because of its links with other websites) can it warrant that use of the Website will be free from virus contamination.
You must make independent checks on the accuracy of any information obtained via the Selfesteem4women.com site before relying upon it and you should obtain adequate insurance to cover you from any harm that might result from use of any data provided by this site. Ibex is not in a position to know for what purpose you will use this data and so cannot insure against loss.
Ibex makes no representations about the suitability of the information, products, and services contained on, or accessed via, this Website for any purpose. All warranties, terms and conditions with regard to this information, products, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.
Ibex shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with, the use of this Website, or with any delayed access to, or inability to use this Website, or for any information, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if Ibex has been advised of the possibility of damages. This does not affect the statutory rights of any person dealing as a consumer nor shall anything in these terms and conditions exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
7. links to third-party sites
This Website contains links to websites operated by parties other than Ibex. Links are provided for reference only or to enable you to do a task, such as to pay for self-help resources. Ibex does not control these websites and is not responsible for their content or organisation. A reference on this Website to any person, product, website or service does not constitute or imply their endorsement, recommendation or favouring by Ibex, its employees, agents or associates.
Additionally, and again without limitation to the rest of this agreement, you should not download any material (including but not limited to pornographic, racist or obscene material) from the internet without first checking that it is legal to do so in your jurisdiction.
Ibex reserves the right to remove any link at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the Selfesteem4women.com site please inform Ibex immediately via e-mail to concern@ibexmanagement.com. If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at http://www.iwf.org.uk.
8. messages from ibex
By consenting to these Terms you are agreeing to "opt-in" to our mailing list on the understanding that you may "opt-out" again whenever you wish by informing us that you wish to do so or by using the "unsubscribe" links on emails you may receive from us.
Any e-mail or other form of communication between representatives of Ibex and other parties will be deemed covered by the terms of this agreement.
9. messages to ibex
You are responsible for your own communications and are responsible for the consequences of their posting. If you submit information to us, by doing so you give us a non-exclusive royalty-free licence to use it.
If you provide personal details via Selfesteem4women.com, Diasa.com or any other Ibex site you do so in the knowledge that the internet is not a secure environment. All information that you provide to us via e-mail should be true and accurate.
Without limit to the legal requirements already imposed on you, you must not (and by e-mailing us you agree not to) do the following things: post material that reveals trade secrets (unless you own them or have the permission of the owner and the owner does not object to them entering the public domain); post material that infringes on any other intellectual property rights of others, which breaches the professional ethics of a profession or the privacy of others; post material that is obscene, defamatory, threatening, harassing, abusive, sexually explicit or discriminatory; or pretend to be another person.
10. no unlawful or prohibited use
As a condition of your use of this Website, you warrant to Ibex that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you provide any information to us electronically you do so in the knowledge that the internet and e-mail are not a secure environment.
You will use a password of your own choice to access the Website. This password is for you alone and is not to be used by anyone else - it must not be transferred. You must also keep your password confidential and you must not disclose it to anybody else. You agree to notify us of any unauthorised use of your password. You are responsible for ensuring that no unauthorised access to the Website or any part of it is obtained through your password. When using Selfesteem4women.com in circumstances where you may be overlooked, on a computer that is not your own, or on a network to which others may have access you should take special care to ensure that your password remains confidential and you should log out of Selfesteem4women.com even if you only leave the computer for a short time making sure that others are not able to log in as you whilst you are absent. You are liable for activities conducted through your password, whether authorised or not, until you have notified us of such unauthorised use and we have cancelled the password.
11. user contributions
Users of this Website are encouraged to contribute to it in a number of places, including the Confidence Cafe, Polls, and in the various feedback boxes that may be encountered from time to time.
While Ibex frequently reviews all content that has been entered by third parties we have no obligation to do so. Entries posted in the public areas are not subject to "mediation" before becoming visible on the site, and any expressed views from third parties are in no way indicative of, nor associated with, the views of Ibex or any of its employees.
Ibex assumes no responsibility for any user contribution, nor for the appearance of any:
You are expressly prohibited from posting or causing to appear on the Website:
Whether or not material contravenes any of these guidelines will be decided at the sole discretion of Ibex. Offending material may be removed without notice and without creating any obligation to enter into correspondence regarding such removal or the reasons for it.
12. other general terms
This agreement is governed by the laws of England, where the Website originates and is designed to be accessed and is deemed to be made in Melton Mowbray, England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ibex as a result of this agreement or use of this Website. Each and every provision of this agreement is separate and severable. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the terms and conditions shall not be affected.
This agreement constitutes the entire agreement between you and Ibex with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ibex with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this Website.
13. refunds
Before you start to use the Selfesteem4women.com services (that is, before you make use of any downloaded material that you have purchased) you can cancel any order for your use of the Selfesteem4women.com services so long as you do this within 7 days of requesting any part of the Selfesteem4women.com services. You will then receive a full refund of any payment received by Ibex. Any cancellation will only be valid if received via email by us addressed to refunds@ibexmanagement.com within the 7-day period.
Once we have started to provide you with the Selfesteem4women.com services (for example by your opening of a downloaded self-help resource) you will not be entitled to cancel the contract or order for the provision of Selfesteem4women.com nor will you be entitled to any refund on any payment already received or due to us.
14. variation of these terms
Ibex reserves the right to change the terms, conditions, and notices under which this Website is offered including this Access Agreement and the Privacy Policy. We will
do this by altering the Terms and/or the Privacy Policy on our Website and this alteration will then be of immediate effect. For this reason you should regularly visit
the Terms (http://www.selfesteem4women.com/site/terms.htm) and Privacy Policy
(http://www.selfesteem4women.com/site/privacy.htm) on the site as the current version will be binding on
you. You may want to bookmark both agreements now. You can do this in most internet browsers - for example by clicking on 'Favorites' in Internet Explorer
or 'Bookmarks' in Netscape Navigator both of which should appear in the toolbar at the top of your screen.
Thank you for your patience in reading this Access Agreement. We look forward to welcoming you to the Selfesteem4women.com community and hope to be able to contribute to an increase in your self-esteem, sense of fulfilment, and your enjoyment of life.