TERMS AND CONDITIONS AND TERMS OF WEBSITE USE

Effective Date: August 1, 2021

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE HEATHER METCALFE PLATFORM (DEFINED BELOW). 

OGILVIE ADVISORY LTD (OA LTD) SELLS ITS PRODUCTS (DEFINED BELOW) FROM ITS HEATHERMETCALFE.COM WEBSITE AND HEATHERMETCALFECOURSES.COM WEBSITE, SOCIAL MEDIA PRESENCE, OR ONE OF OA LTD’S OTHER PRODUCTS, ALL OF WHICH COMPRISE OA LTD’S PLATFORM (“PLATFORM”).

OA LTD IS WILLING TO SELL PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS (“TERMS”) WHICH COMPRISE A LEGALLY ENFORCEABLE CONTRACT. 

OALTD MAY REVISE THESE WITHOUT NOTICE BY POSTING REVISED TERMS AND CONDITIONS ON ITS PLATFORM.  THE TERMS AND CONDITIONS POSTED ON THE PLATFORM AT THE TIME YOU PLACE YOUR ORDER ON THE PLATFORM WILL GOVERN THAT PURCHASE. 

Incorporated Terms.

These Terms and Conditions also include the following terms that are hereby incorporated herein by this reference: our Privacy Policy and Cancellation Policy.  

 

Parties.

The parties to these Terms are you ("you", "your", and "yourself"), and OA LTD ("we", "us", and "our"). 

 

Eligibility.

To place an order on the Platform, you must (i) be a consumer purchasing for your own internal use, and not a reseller, and (ii) at least 16 years old. 

Purchase of Licensed Products.  

Our products include (i) digital content downloads (if applicable), and/or (ii) access to the specific services, content, and products that we make available for purchase via the Platform ("Products"). WHEN YOU PLACE AN ORDER, PLEASE UNDERSTAND THAT YOU ARE PURCHASING A LICENSE FOR THE PRODUCTS, NOT THE PRODUCTS THEMSELVES.

To place an order, you need an e-mail address, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of our heathermetcalfe.com website. When you submit an order, we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when we send you an email confirming your order (“Order Confirmation”). At this point a contract, containing these Terms, is created and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms and the relevant Order Confirmation for future reference.  If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order. 

We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

When you submit your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted. 

Subject to these Terms, we hereby grant to you a fully-paid, non-exclusive limited copyright license to download (if applicable), and use the Products that under Contract only for your own personal use and not for any commercial use or other purpose. Products are limited for access and use on a one-per-household basis, unless specified for use only by you. You may not display, publish, perform publicly, copy or duplicate in whole or in part, modify, or create derivative works based on the Products. You may not (i) transfer, assign, resell, or sublicense the Products, or (ii) "frame" or "mirror" the Products on any other server or Internet-enabled device. You are not authorized to use our Products or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion. Except for the above limited rights, all other rights are reserved. We will treat any violation of the foregoing licensing restrictions as an act of copyright infringement.

Ownership.

Our Products are protected by law, including without limitation, Scottish copyright law and international treaties. We retain sole and exclusive ownership of all intellectual property rights that are embodied in the Products.

 

Pricing and Currency.

The Product prices displayed on the Platform are inclusive of all sales-related taxes including any applicable Value-Added Tax (VAT). Shipping rates are applied per order if applicable. 

Prices are quoted in Great British Pounds. 

Payment Processing.

We will submit the amount due from your credit or debit card for processing at the time of our issuance of your Order Confirmation.  In the event that we are not able to process your order within 3 calendar days after you submit your order, your order will automatically be cancelled.

Disclaimers.

THE PRODUCTS ARE PROVIDED "AS-IS". WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS.  WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE PRODUCTS HELP YOU RECONSIDER AND ACTIVATE CHANGES TO YOUR MINDSET TO HELP YOU TRANSFORM YOUR LIFE. HEATHER METCALFE IS NOT A DOCTOR; SHE DOES NOT HAVE THE POWER TO HEAL, NOR DOES SHE OR ANY OF THE PRODUCTS OR CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, TREAT ANY DISEASE OR MEDICAL CONDITION. THE PLATFORM, INCLUDING ALL PRODUCTS AND CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, ARE NOT INTENDED, AND SHOULD NOT BE CONSTRUED OR RELIED UPON UNDER ANY CIRCUMSTANCES, TO PROVIDE, MEDICAL, PSYCHOLOGICAL, FINANCIAL, LEGAL, BUSINESS, OR INVESTMENT ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD SEEK APPROPRIATE PROFESSIONALS FOR ANY SUCH ADVICE.

THIS WORK CAN BE TRANSFORMATIONAL AND MAY FEEL INTENSE. YOU MAY FIND IT SIGNIFICANTLY CHALLENGING AS OLD PATTERNS SHIFT. WORKING WITH HEATHER METCALFE REQUIRES ABSOLUTE OWNERSHIP AND PERSONAL ACCOUNTABILITY. IF YOU ARE WEAK, TEND TO BLAME OTHERS, AND/OR ARE UNWILLING OR UNABLE TO TAKE PERSONAL RESPONSIBILITY, PLEASE DO NOT PROCEED WITH REGISTERING OR PARTICIPATING IN ANY PART OF OUR PRODUCTS, CONTENT, OR COACHING AND EVENTS.

THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS AND THE CONTRACT.  NO PURCHASE OR USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Consequential Damages Waiver.

IN NO EVENT SHALL (i) HEATHER METCALFE, INDIVIDUALLY, AND (II) OA LTD AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE PRODUCTS, ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap.

Our aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, shall not exceed price you paid for the applicable Product.

Indemnity.

You agree to indemnify and hold harmless (i) Heather Metcalfe, individually, and (ii) OA Ltd and each of its and their respective subsidiaries, parents or affiliated entities (as applicable), including without limitation, their respective directors, officers, employees, agents, interns, contractors, sponsors, speakers, partners, representatives (each, an “Indemnitee”) from and against any losses, damages, obligations, claims, deficiencies, liabilities, costs and expenses of any kind (including taxes, fees, fines, penalties, levies, judgments, settlements, interest, reasonable expenses of investigation, the costs of enforcing any right to indemnification hereunder, the cost of pursuing any insurance providers, remediation and defence costs, attorneys’ fees and disbursements) as incurred (collectively, “Losses”) suffered (Losses) by any Indemnitee arising out of your purchase or use of, or reliance upon, any of the Products. 

Coaching and Events; Waiver, Indemnity and Media Release. 

You may participate an event produced and provided by us, whether in person or by audio or video conference (each an “Event”). An Event may occur on one day or may be a series of Coaching and Events over a period of many days over a period of time, which in the case of the latter, the aggregate of the series of Coaching and Events shall be considered one and the same “Event”.

You are not authorized to record, video, or otherwise copy or replicate the content or any aspect of any Event.

You hereby represent that you are in good health and in proper physical condition to participate in the Event and that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Event. YOU HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE EVENT, including, without limitation, physical and mental rigors associated with the activities included in the Event; slipping and falling; accidents; illness including without limitation COVID-19; contact or collision with other participants, spectators, vehicles or other natural or manmade objects; imperfect conditions; equipment failure; equipment and facility conditions; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers; any other personal injury or bodily injury (including without limitation death or disability), property damage or loss, and damage of any other kind. YOU REPRESENT THAT YOU HAVE READ  AND FULLY UNDERSTAND THIS WAIVER AND IN CONSIDERATION OF THE ACCEPTANCE OF YOUR ENTRY, FOR YOURSELF AND ANYONE LEGALLY ACTING ON YOUR BEHALF, YOU HEREBY RELEASE, WAIVE AND COVENANT NOT TO SUE, AND FURTHER AGREE INDEMNIFY AND HOLD HARMLESS (I) HEATHER METCALFE, INDIVIDUALLY, AND (II) OA LTD AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES (EACH, AN “INDEMNITEE”), FROM ANY AND ALL CLAIMS, LIABILITIES OR CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS, DAMAGE OR INCONVENIENCE WHATSOEVER SUFFERED BY ANY INDEMNITEE, ARISING FROM YOUR PARTICIPATION IN THE EVENT. You agree to be familiar with and abide by the rules and regulations established from time to time by the Event organizer for the Event. You further accept sole responsibility for your own conduct and actions while participating in the Event.

Regarding your participation in the Event, you hereby grant full permission to use to record and video your participation in the Event including the right to use your name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including, but not limited to, online and on-air announcements, weekly circular ads, signage, posters, television, magazine articles, websites, social media sites (including without limitation Facebook, Instagram and Twitter), and any other publication(s) at OA LTD’s sole discretion, worldwide and without limitation, and without additional compensation or consideration, except where prohibited by law. You hereby waive any right to inspect or approve the finished photographs, videos, or electronic matter that may be used in conjunction with them now or in the future, whether such material is composite, or distorted in character or form, and whether that use is known to me or unknown. You waive any right to royalties or other compensation arising from or related to the use of the images and videos of me. You further release OA LTD from any liabilities, known or unknown, arising out of your use of this material.

Testimonials; Consent and Release.

You may provide to us a testimonial in written form only, written form with a photo, audio or video form (each an “Testimonial”).

You hereby give to us and to our legal representatives and assigns, and those acting with our authority and permission, the unrestricted, irrevocable, worldwide, royalty-free right and license to copyright and use, re-use, publish, and republish, Testimonials including any written Testimonials, photos you provide, still photo shots derived from any videos your provide, and/or audio recordings of me or in which I may be included intact or in part, in composite or distorted in character or form, and without restriction as to changes or transformations for the following purposes and media: unlimited commercial purposes and through any and all media and methods of distribution, now known or hereafter developed. All rights for privacy and publicity are hereby waived. You hereby relinquish any right that you may have to examine or approve the final photos, videos including any still photo shots derived from the videos, and any completed product or products authorized in this release. You also grant to us rights to make minor grammatical edits to the text of a Testimonial provided the edits do not change the essence of the Testimonial.

 

In giving your Testimonial, you represent that (i) you are authorized to grant this Testimonial, (ii) your Testimonial is truthful and based on your actual use of the Product that is described in your Testimonial, (iii) you have not been incentivized to grant your Testimonial, and (iv) you do not have any connection or relationship such as a family or employment relationship with us or Heather Metcalfe that would influence you to grant your Testimonial. 

You agree that your Testimonial and these terms shall be binding upon you and your heirs, legal representatives and assigns.

Links to Third Party Websites.

 We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.

Participation in Promotions of Advertisers. 

You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site.  Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

Controlling Law. 

This Agreement, and each purchase of a Heather Metcalfe Product, shall be governed by the laws of Scotland and subject to the non-exclusive jurisdiction of the Scottish courts.

Onward Transfer of Personal Information Outside Your Country of Residence. 

Any personal information which we may collect on this site may be stored and processed in our servers located in Scotland or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities.  You consent to any such transfer of personal information outside your country of residence to any such location.

Severability. 

If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

Force Majeure (Coaching and Events Beyond Our Control).

A Force Majeure event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If Force Majeure event occurs that causes us to not be able to perform our obligations under these Terms: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event. You may cancel the Contract if a Force Majeure event causes us to be completely unable to perform the Contract. Please see your cancellation rights under our Cancellation Policy.

Assignment.

We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms of Sale to another person if give prior written consent.

Miscellaneous.

These Terms constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the parties.  The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.

End of Terms and Conditions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 platform comprising of both www.heathermetcalfe.com and www.heathermetcalfecourse.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, downloading or registering to use our site.

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 this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

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:

Information about us

www.heathermetcalfe.com is a site operated by OGILVIE ADVISORY LTD (we or us). We are registered in Scotland under company number SC540042 and have our registered office at 358 Riverside Drive, Dundee, DD1 4XD. Our main trading address is 358 Riverside Drive, Dundee, DD1 4XD. Our VAT number is 306907503.

We are a limited company.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

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 them, 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 them, 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 [email protected]

Intellectual property rights

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 may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

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

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

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.

No reliance on information

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.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user 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:

If you are a business user, please note that in particular, we will not be liable for:

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

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 our Acceptable Use Policy.

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. If you are a consumer user, 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. 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.

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 will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

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.

The views expressed by other users on our site do not represent our views or values.

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

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.

Linking to our site

You may link to our home page, 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.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact [email protected]

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

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

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Scottish law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. 

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Contact us

To contact us, please email [email protected]

Thank you for visiting our site.

 

 

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website www.heathermetcalfe.com and www.heathermetcalfecourses.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Website Terms of Use.

www.heathermetcalfe.com is a site operated by OGILVIE ADVISORY LTD (we or us). We are registered in Scotland under company number SC540042 and have our registered office at 358 Riverside Drive, Dundee, DD1 4XD. Our main trading address is 358 Riverside Drive, Dundee, DD1 4XD. Our VAT number is 306907503.

We are a limited company.

Prohibited uses

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

You also agree:

Interactive services

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

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) 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.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

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 (contributions), and to any interactive services associated with it.

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:

Contributions must not:

We will determine, in our discretion, whether there has been a breach of this acceptable use 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 acceptable use policy constitutes a material breach of our Website 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:

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.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.