The Online Coach, 17 The Weavers, Allington, Maidstone, Kent ME16 0NZ United Kingdom, together with its wholly owned subsidiaries (collectively "Genio") have created, own, and operate multiple websites, (each individually referred to hereunder as a “Genio Application” and collectively “Genio Websites”). The Genio Application and Websites allow you ("You" or "Your") and other Genio software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") to engage in a variety of activities, such as find information, purchase and/or research Genio and related software and services, obtain support for Genio software and services, share information with Genio and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to Genio’s products and services. The Websites also include information created and published by Genio (“Genio Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the Genio Materials and User Content are referred to as “Content”).
Your access and use of the Genio Application and Websites is subject to and governed by these Terms of Use, also referred to as “TOU”, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular Genio Application, Website, Materials, or User Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and Genio. By clicking an “I Accept” button as part of a registration process, or otherwise demonstrating your consent to this TOU through a process established by Genio, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You should not click the “I Accept” button (or equivalent) or attempt to access or use any Genio Application, Website, Materials, or User Content.
Genio may modify the TOU to reflect changes in Genio’s business, applicable law, or for other reasons deemed necessary by Genio. If the terms of the TOU change, Genio will provide notice, which may include, but is not limited to notice provided through the Application and Websites or a Genio user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected Genio Application Website, Materials, or User Content.
The Genio Application, Websites, the Materials, and the User Content are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the Genio Application, Websites, Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print Genio Materials and User Content; provided that: (a) the Genio Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the Genio Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use the Genio Application or Websites in any manner that could damage, disable, overburden, or impair any Genio server, or the network(s) connected to any Genio server, or interfere with any other party's use and enjoyment of any Genio Application or Website. You may not attempt to gain unauthorized access to any Genio Application or Website, other accounts, computer systems or networks connected to any Genio server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Genio Application and Websites.
You agree not to use a Genio Application and Website to:
Genio may, in its sole discretion, at any time discontinue providing or limit access to the Genio Application, any areas of the Genio Websites, or any Genio Materials or User Content provided on or through the Genio Websites. You agree that Genio may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the Genio Applications, Websites or any Genio Material or User Content. In the event You are in material breach of the TOU, Genio may, at its sole discretion, suspend or terminate Your account, delete Your Content from the Genio Website, and refuse You any current or future use of a Genio Website without notice. Genio shall not be liable to You or any third party for any such suspension or termination.
If You wish to terminate your account, you may do so by submitting your request via email to contact@mygenio.co.uk Please note that in the event that you elect to terminate your account, Genio has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
Some of the Genio Applications and Websites require that You become a registered user. Before you can use these Websites, You have to register with Genio and provide Genio with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing Genio with Personal Data, You expressly agree that Genio may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide Genio with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with Genio, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting datap@mygenio.co.uk Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the Genio Applications or Websites and your User Content.
You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that Genio collects, uses, stores and otherwise processes Your personal information and utilisation data and may share such data with third party service providers for the purposes of improving or providing the Genio Application or Websites subject to Genio’s Privacy Statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE COACHPRO PRIVACY STATEMENT.
As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights to any Genio Software, the Genio Applications and Websites, Genio Materials, and User Content belongs to Genio or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any Genio Software, the Genio Applications or Websites, any Genio Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to Genio (and Genio accepts such assignment) any modifications or derivative works of any Genio Software, the Genio Applications or Websites, and Genio Materials made by You in contravention of this limitation without remuneration of any kind.
Information on requirements for using Genio trademarks can be found by clicking on the “Trademarks” link at the bottom of each web page on Genio applications and websites.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ‘COACHPRO COPYRIGHT GUIDELINES’,
Genio is only responsible or liable for the content directly posted on a Genio Application or Website by Genio and The Online Coach Limited. To the fullest extent permitted by applicable law, your use of content shall be at your own risk.
Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. Genio does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on a Genio Application or Website. Genio may remove any Content posted on a Genio Application or Website at Genio’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any Genio application or website, please notify Genio at datap@mygenio.co.uk
Genio Applications and Websites may contain links to external websites. Genio shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, Genio shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. Genio does not control and/or review the linked webpages and the information provided by third parties.
Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on a Genio Application or Website (collectively "Software") is governed by the software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) ("License Agreement") that accompany such Software. You may not use or install any Software that is accompanied by a License Agreement unless and until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the License Agreement.
In the event that Software provided through a Genio Application or Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, non-commercial purposes; the Software may not be modified or altered in any way; and the Software may not be redistributed.
All Genio Software is the copyrighted work of Genio. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the Genio Software, is an infringement of the copyright holder’s rights. Information on the process for requesting Genio’s permission to use any Genio owned copyrighted works can be found by clicking on the “Copyright” link at the bottom of each web page on Genio Applications and Websites.
The following applies if You access a Genio Website from outside the EU:
You agree to indemnify and hold Genio, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of a Genio Application or Website, Your breach of this TOU, any additional legal terms, or Genio’s Privacy Statement, Your unauthorized use of any Genio owned Intellectual Property, or Your alleged violation of any other rights of a third party.
The following applies if You access a Genio Website from within the EU:
You agree to indemnify and hold Genio, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this TOU, any additional legal terms or Genio’s Copyright or Privacy Statements.
Genio Applications, Websites and Content are being provided to You “AS IS”. To the fullest extent allowable by law, Genio does not guarantee or warrant any features or qualities of any Genio Application, Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on Genio Applications, Websites and Content in promotional material or on Genio Application and Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published Genio description of or advertisement except to the extent Genio has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Genio’s management.
Genio will not be liable or responsible in any way for any User Content posted on or linked from a Genio Application or Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through any Genio Application or Website and made available by a third party.
The following applies if You access a Genio Application or Website from outside the European Union:
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, GENIO AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE A GENIO APPLICATION OR WEBSITE, GENIO SOFTWARE, OR GENIO MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY GENIO SOFTWARE, GENIO MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON A GENIO APPLICATION OR WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON A GENIO APPLICATION OR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO A GENIO APPLICATION, WEBSITE OR GENIO MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY GENIO AND IN CASE OF GENIO’S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
The following applies if You access a Genio Application or Website from within the European Union:
IRRESPECTIVE OF THE LEGAL REASONS, COACHPRO AND COACHPRO’S AFFIALIATES AND SUBSIDIARIES SHALL ONLY BE LIABLE IN THE CASES SET OUT BELOW:
IN ALL OTHER CASES, NEITHER GENIO NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGES OR CLAIMS HEREUNDER.
13. Applicable Law
The following applies if You access a Genio Application or Website from outside the European Union:
New York law will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all applicable export control laws as set forth under the ‘EXPORT CONTROL’ Section below which are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
The following applies if You access a Genio Application or Website from within the European Union:
The laws of the United Kingdom will govern this TOU without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this TOU shall be Edinburgh, United Kingdom.
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or Genio’s written request, You must cease use of Confidential Information, and/or Genio Applications or Websites, and return or destroy all Confidential Information in Your possession or control.
The failure of Genio to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
Genio Applications and Websites may not be accessed or used by any national or certain countries or groups against which the United States and/or European Union or UK have instituted sanctions (including Iran, Cuba, North Korea, Syria and Sudan), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize Content provided on a Genio Applications and Website in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or any end user who has been prohibited from participating in the US and/or EU or UK export transactions by any agency of the US government or European Union.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use a Genio Application or Website, Your access of a Genio Application or Website, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, 3) has not been prohibited from participating in US and/or EU export transactions; 4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided such password and user ID to any such person for use under Your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.
The following applies if You access a Genio Application or Website from outside the United States and European Union:
You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Terms of Use as well as with the laws, regulations, directives, codes, and rules of the United States, European Union, and the country within which you reside, including applicable import and export compliance laws and regulations, as well those of the jurisdiction from which You are accessing a Genio Application or Website, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on a Genio Application or Website.
The following applies if You access a Genio Application or Website from within the United States:
You agree that Your use of a Genio Application or Website, or any Content will be in compliance with U.S. export control laws and executive orders. The information provided on and through a Genio Application or Website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING A GENIO APPLICATION OR WEBSITE.
