PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://motionhatch.com/ (our Site), whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site whether or not you download resources, subscribe to our courses or solely use our Site to network with our community.

 

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of these terms for future reference.

Who can use our website

You must be 18 or over to access or register on our Site. By accessing our Site, you represent and warrant that you have the right, authority and capacity to enter in this agreement and to abide by these terms of use.

You can only buy products and services from us wholly or mainly for use in connection with your trade, business, craft or profession (i.e. as a trader).

If you do not agree to these terms of use, you must not use our Site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our Site:

  • Our Privacy Policy [https://motionhatch.com/privacy-policy], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

  • Our Cookie Notice [https://motionhatch.com/cookie-policy] sets out information about the cookies on our site, how we deal with Do Not Track technology and information about our SSL certificate.

 

 

Information about us

https://motionhatch.com/ is a website operated by Hayley Akins Limited, a private limited company registered in England with company number 09707945 and registered address at 9 Hartley Road Manchester M21 9NG. Our main trading address is at the same address.

Changes to these terms

We may revise these terms of use at any time by amending this page. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

 

Changes to our site

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Accessing our site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site. 

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@motionhatch.com

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text unless we have given you express permission.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on our site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

User generated content is not approved by us

Our Site may include information and materials uploaded by other users of the Site, including to bulletin boards, chat rooms (e.g. our Slack workspace provided for our professional skills courses) or comments to our blog posts. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on hello@motionhatch.com

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Limitation of our liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services or products to you, which will be set out in our terms and conditions of supply:

  1. applicable to products and services we offer to you via https://motionhatch.com:[ https://motionhatch.com/terms-of-supply];

 

  1. applicable to our professional skills courses:[ https://motionhatch.com/terms-of-supply-courses of professional skills courses]

 

We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage;

even if you told us about it.

 

How we may use your personal information

We will only use your personal information as set out in our [https://motionhatch.com/privacy-policy].

 

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in these terms of use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site will be considered non-confidential and non-proprietary unless we make it clear that it is to be treated as confidential. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload [see below].

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy as set out below.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

You own all of the content and information you post on our Site. In addition:

  • For content that is covered by intellectual property rights, such as photos, text, illustrations, gifs that you post on or in connection with interactive services for example our Community page, Jobs Board or Blog (IP Content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, prepare user-generated content solely in connection with the service provided by our Site and across different media within Motion Hatch unless we make it clear on our Site that we will treat your contributions as confidential.
  • We will not licence or sell your IP Content to third parties except as noted in the following:
    1. You grant us and other users of the Site the right to share your IP Content via social media platforms such as LinkedIn, Twitter, Facebook and Instagram (to name just a few) with third parties for non-commercial purposes;
    2. You grant us the right to use and share your IP Content with third parties across different media for the promotion and advertisement of our Site, service and products.
  • You grant us the right to edit, adapt and translate your IP Content without further permission.
  • Clauses (a) and (b) in this paragraph together constitute the IP License.
  • This IP License ends when you delete your IP Content or your account unless your content has been shared with others, and they have not deleted it.
  • When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Rights you are giving us when you send us testimonials or reviews

If you send us testimonials or reviews via email or in a letter or in any other medium other than in connection with interactive services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, edit and share your testimonial or review with others across different media and attribute it to you and in particular, you grant us the right to use and share your testimonial and review with third parties for the promotion and advertisement of our Site, service and products. You agree that your contribution will be subject to our editorial control and that we may edit, adapt, or translate your testimonial or review.

Your permission to use your testimonial or review ends when you contact us on hello@motionhatch.com and ask us to delete your testimonial and review unless it has been shared with others, and they have not deleted it.

ACCEPTABLE USE POLICY

Prohibited uses of our site

You may use our Site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use.
  • Not to access without authority, interfere with, damage or disrupt:
  1. any part of our Site;
  2. any equipment or network on which our Site is stored;
  • any software used in the provision of our Site; or
  1. any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Collaborative working platforms (currently Slack);
  • Bulletin boards (e.g. our Jobs Board);
  • Blogs (e.g. Blog and Podcast pages);
  • Community (provided via Facebook)

(interactive services)

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material, which you contribute to our Site (Contribution).

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material, which is defamatory of any person.
  • Contain any material, which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Linking to our site

You may link to any page on our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Site other than that set out above, please contact us at hello@motionhatch.com

 

Applicable Law and Dispute resolution

The website terms of use shall be governed by the substantive law of England and Wales exclusive of any conflict-of-laws rules that could require the application of any other law.

We both agree that we will attempt to resolve any dispute arising out of or relating to these website terms of use through negotiations between senior executives of the parties, who have authority to settle the same.

If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate', we will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales.

The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.

The language(s) of the arbitration proceedings shall be English.

Trade marks

“Motion Hatch” and the ‘Motion Hatch’ logo are registered trade marks of Hayley Akins Limited. Mograph Mastermind is an unregistered trade mark of Hayley Akins Limited. Unauthorised use of the trade marks would constitute a violation of our intellectual property rights.

Contact us

To report misuse, any concerns or for further information, please email us at hello@motionhatch.com   

Thank you for visiting our Site.

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