This site is intended to provide marketing help, guidance and support to individuals, entrepreneurs and small business owners does not offer legal advice or a definitive statement of law.
SERVICE AVAILABILITY
While F J Hay shall endeavour to make this site available at all times, F J Hay, his affiliates or partners will not be liable if, for any reason, the site is unavailable for any period of time.
Access to this site may be suspended at any time without prior notice being given.
GENERAL DISCLAIMER
THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
LIMITATIONS & LIABILITY
WE AND OUR AFFILIATES AND PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR PARTNERS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS DUE AS PER OUR STANDARD TERMS, OUR AND OUR AFFILIATES’ AND PARTNERS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The It Stacks Up Website or Fraser Hay do not recommend a particular business strategy, tactics, concept, technique, principle or idea of any kind. All information and content shared on the site and in coaching sessions are mentioned for illustrative and educational purposes. The information is intended to provide you with a basic education, understanding and instruction regarding starting, running and marketing your own business.
It is recommended that you seek professional legal, technical or accountancy help prior to implementing any information shared.
Although we have used our best efforts to provide the most relevant, accurate and up-to-date information, we cannot promise any results generated by the information we share. You are ultimately responsible for the decisions and choices you make. You decide what resources you have available and which resources you will use applying and implementing the information we share.
Fraser Hay, his affiliates, partners, coaches or members are not liable in any way for your activities, decisions or results you make resulting from accessing our website, information, solutions or any of the intellectual capital we share via our website, live events, personal coaching sessions or consultancy services. Fraser Hay does not guarantee any results or return on investment based on the information, technical solutions on offer or from the choices you make with the information we share with you via this website.
There is risk of loss in starting, running and investing in a business and marketing its products, services and solutions. Before commencing trading or investing in any promotional activities, one should consider the risks and whilst there is a potential for profit, there is also potential for loss.All decisions are your responsibility. You are in control. It is your business. You make the decisions. Not us.
INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
TRAINING, COACHING & CONSULTANCY
Except as expressly warranted herein, the Services are provided on an “as is” basis and “as available” basis and neither party makes any warranties, either express or implied, with respect to its Web Site(s), the reliability, security, continuation or success thereof, the materials contained therein, the servers used or the goods or services offered by either party and each party expressly disclaims any warranties, express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
All Coaching Programmes provided under the “It Stacks Up” brand are a coaching service provided by The authorised coach. Results are generated and progress is made upon successful completion of the weekly exercises , assignments and successful application and implementation of the concepts, techniques, strategies, tactics and principles shared in each session.
In no event shall Fraser Hay, The It Stacks Up Website, it’s officers, staff or representatives be liable to the client in contract, tort or otherwise for any loss of data, sales, revenue, profit, production, progress, anticipated savings or business opportunities or any type of indirect, economic or consequential loss even if that damage or loss was reasonably foreseeable or that the client had been advised of the possibility of such loss or damage arising.
The Client agrees it is solely responsible for the progress made from implementing and applying the techniques, concepts, and ideas in their business gained from any training or coaching session – ( NOT Fraser Hay, The It Stacks Up Website or it’s officers, staff or representatives).
Clients are responsible and for completion of all exercises and assignments prior to the commencement of the next session. Clients are responsible for allocating the appropriate human, technical and financial resources required for creating and executing any coaching plan of action for their business.
Notwithstanding the generality of clause above, Fraser Hay and The It Stacks Up Website shall not be liable for any consequential or indirect loss suffered by the Client including without limit damage or corruption to the Site or other software or data or loss of profit, business, revenue, goodwill or anticipated savings; the transmission or reception of information from or to the website; the acts and omissions of telecommunications providers whose services and equipment are used in connection with the Site including without limit a failure of their equipment.
EMAIL DISCLAIMER
In our quest for compliance with the General Data Protection Regulation, we often alternate our email footers and disclaimers…
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Disclaimer: We endeavour to be 100% compliant with the General Data Protection Regulation (GDPR). To learn more about how we collect, keep, and process your private information in compliance with GDPR, please visit our Privacy Centre. Our privacy policy was last updated on 24th May, 2021, next review date: 16th January, 2022.
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Disclaimer: Under the General Data Protection Regulation (GDPR) (EU) 2016/679, we have a legal duty to protect any information we collect from you. Information contained in this email and any attachments may be privileged or confidential and intended for the exclusive use of the original recipient. If you have received this email by mistake, please advise the sender immediately and delete the email, including emptying your deleted email box.
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We are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. If you have any questions related to our GDPR compliance, please visit our privacy centre or contact our Data Protection Officer.
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You are receiving this email because you opted in to receiving emails from the It Stacks Up Website. If you would rather not receive this type of communication, please unsubscribe or visit our privacy centre to adjust your data preferences.
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Disclaimer: Any email and files/attachments transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If this message has been sent to you in error, you must not copy, distribute or disclose of the information it contains. Please notify us immediately via our privacy centre and delete the message from your system.
THE WEBSITE
F J Hay, his affiliates or partners are not liable for any damages arising in contract, tort or otherwise from the use of or inability to use this site or any material contained in it, or from any action or decision taken as a result of using the site.
The materials on this site comprise F J Hay’s views; they do not constitute legal or other professional advice. You should consult your professional adviser for legal or other advice.
This site offers links to other sites thereby enabling you to leave this site and go directly to the linked site. F.J Hay is not responsible for the content of any linked site or any link in a linked site. Nor is F J Hay, his affiliates or partners responsible for any transmission received from any linked site. The links are provided to assist visitors to this web site and the inclusion of a link does not imply that F.J Hay endorses or has approved the linked site.
