Website Behaviours, and Terms and Conditions of Use

A: Behaviour in the community forums

Introduction

1. Thank you for joining the High Performance Academy Community. We know you will create great conversations in our forums, and to help you with this, we have created these Community Guidelines.

2. These guidelines are a summary of the thorough but evolving internal policy we have developed to ensure you have the best experience as part of theCommunity. 

3. We are a diverse group of people from different backgrounds, demographics, languages and experiences. Therefore, we kindly remind you to use clear, accessible language and consider how it may be received by others.

4. Where there are disagreements, please provide reasoned counterarguments that improve not just the conversation, but our shared understanding of the discussion.

5. Let’s never descend into name-calling or ad hominem attacks. Please always remember to re-read both the posts you intend to respond to and your response before hitting ‘enter’. We challenge and critique ideas and evidence, not people.

6. We want to foster robust, thoughtful and productive interactions that benefit everyone but please bear in mind that communicating on the Internet doesn’t always translate our intended messages the same way as it does in person. 

Be civil and courteous

7. We're all in this together so let’s create a welcoming environment and treat everyone with respect.  Encourage open, candid discussions and healthy debates.  However, all communications should be respectful and remain civil. Differences of opinion are expected; personal attacks are not. Comments or content that is violent, threatening, abusive, bullying, sexually explicit, obscene, offensive, hateful, derogatory, defamatory, or otherwise objectionable content will be removed and access to the programme will be revoked.

Trolling

8. “Trolling” is a big, messy term, but we know what trolling is and we won’t stand by and let it happen. If you’re abusing the good conversations here, we will take your comments and posts down. 

No promotions or spam

9. You each have a lot to offer as well as learn, but please refrain from posting spam, commercial promotion, solicitation, or any other irrelevant content in the Community conversations.

Respect everyone's privacy

10. Categorically, NO ‘doxxing’. Being part of this Community requires mutual trust. Authentic, expressive discussions make communities great, but may also be sensitive and private. What's shared in the Community should stay in the Community. Please consider before you share any individuals’ private or personal information and only post the information you are happy to share with others. 

Spreading misinformation

11. The community is not a platform for spreading conspiracy theories and misinformation. We will remove posts promoting obvious falsehoods and suspend membership privileges of those who continue when asked to desist.

Stay on topic

12. Comments, questions and contributions should be relevant to the topic being discussed. We encourage you to create relevant, new discussion groups and Philip Budd will join in too! 

Keep it legal

13. Participating in, suggesting, or encouraging any illegal activity will result in the immediate removal from the Community and termination of your account.

Observe copyright and trademark law

14. The posting of copyrighted videos, photos, articles, or other material beyond what is protected as fair use is prohibited. This includes the sharing of Community Member content outside this site. We reserve the right to remove any copyrighted material on our site or request the removal of the content in external locations.

Authenticity is important

15. You are encouraged to create a full profile so people can engage with you more easily, but you are NOT compelled to create a profile that describes your exact backstory or identifying demographics.  Either way, please ensure that you represent yourself honestly and authentically in the Community. If you change institutions or place of work, please update your existing account. If you think there are missing elements in the profile that would make it easier to represent yourself fully, please let us know by contacting [email protected] 

Let’s support each other

16. Our Community team does monitor posts, but we may miss something problematic. We encourage Members to flag any peers who violate any of the Community Guidelines to us via [email protected]  so we can review and take the appropriate action.

17. However, we also know that some Community Members may quietly be providing real and tangible support and benefit to others with their posts, and we’d LOVE you to give them a ‘shoutout’!

18. If you email us on [email protected] , we will recognise members who make the Community special. 

It’s your content

19. The views and opinions expressed in profiles, as well as discussion posts, do not necessarily reflect the views and opinions of Philip Budd or the Action Coach Community. Please remember that any comments or content you share on this site are your sole responsibility.

Be an ‘upstander’, not a bystander

20. If you see something uncivil or problematic, please let us know immediately and we will return your message within two working days.

21. We welcome any feedback and you can always reach out by emailing us at [email protected] 

22. You can also use this email address to send any comments, questions or raise any issues that you encounter and wish to report. If you see anything you believe is out of place, or doesn’t look right or, on the contrary, you’ve noticed something rather out of the ordinary, please communicate this back to our team to allow us to deal with any enquiries promptly.

B: Membership

1. Your membership will start on your joining date and the contract between us will last for at least 12 months and you cannot cancel your membership during this Initial Fixed Term.

C: Our Terms

1. These Terms explain how you may use this website (referred to as ‘the Site’).

2. References in these Terms to the Site includes the following websites and all associated subdomains and web pages: programmes.highperformersacademy.co.uk

3. You should read these Terms carefully before using the Site.

4. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

5. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

6. If you have any questions about the Site, please contact us by: e-mail: [email protected] 

Definitions

Content: means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Terms: means these terms and conditions of use as updated from time to time;

Intellectual property rights: means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);

Unwanted Submission: has the meaning given to it in the section entitled “submitting information to the site”;

Acceptable use policy: means the policy, which governs your permitted use of the Site as covered in this document;

Online terms and conditions of sale: means the terms and conditions which will apply to you ordering goods, services and/or digital content using the Site as covered in your terms of business (see separate contract) with our Company;

Privacy and cookies consent policy: means the policy (www.highperformersacademy.co.uk/privacypolicy), including the use of cookies, which governs how we process any personal data on our website collected from you;

We, us or our: Means the High Performers Academy office. References to us in these Terms also include any group companies which we may have from time to time.

You or your: means the person accessing or using the Site or its Content.

Your use of the Site means that you must also comply (where applicable) with:

our Online terms and conditions of sale, our Acceptable use policy, our Privacy and Cookie policy

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

D: Using the Site

1. The Site is for your personal and non-exclusive use only. As long as you comply with these Terms of Use The High Performers Academy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2. You may not use any “page-scraper”, “robot”, “spider”, “deep-link” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

3. You may not attempt to gain unauthorised access to any part or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by password “mining”, hacking or any other illegitimate means.

4. You may not scan, probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

5. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.

7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

9. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.

10. The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

11. You agree that you are solely responsible for:

(i) all costs and expenses you may incur in relation to your use of the Site; and (ii) keeping your password and any other account details confidential.

12. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected]

13. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

E: Ownership, use and intellectual property rights

1. This Site and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to lawfully access the Site as intended and authorised by us. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

F: Submitting information to the Site

1. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to the Site. While we value your feedback, you agree not to submit any Unwanted Submissions.

2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

G: Accuracy of information and availability of the Site

1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

2. We may suspend or terminate operation of the Site at any time as we see fit.

3. You may have certain legal rights when using the Site (such as if the Online terms and conditions for the supply of goods apply to you). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online terms and conditions of sale.

4. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

5. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

H: Hyperlinks and Third-party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

I: Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to:

(a) losses that:

1. were not foreseeable to you and us when these Terms were formed; or

2. that were not caused by any breach on our part

(b) business losses; and

(c) losses to non-consumers.

J: Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

K: Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

L: Disputes

   1. We will try to resolve any disputes with you quickly and efficiently.

   2. If you are unhappy with us please contact us as soon as possible.

   3. If you and we cannot resolve a dispute using our complaint handling procedure, we will:

(a) let you know that we cannot settle the dispute with you; and

(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.