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Part A – Terms of Use of thepaway.co.uk
These terms of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between The PA Way (we, us or our) and you, the person accessing or using the Site (you or your). Please read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information purposes only. If you buy membership to The PA Way and access restricted parts of the Site, separate terms and conditions will apply as set out in Part B below in addition to these Terms.
We are The PA Way Limited: a company registered in England and Wales under company number 11646914 and our registered address at Suite 15, Highfield House, 185 Chorley New Road, Bolton, BL1 4QZ.
If you have any questions about the Site, please contact us by sending an email to info@thepaway.co.uk.
The Site is for your personal and non-commercial use only. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with any applicable local laws.
We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details in Section 2 above.
As a condition of using the Site, you agree not to misuse or attack the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
Use of the Site may require registration, particularly in order to access restricted areas of the Site. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
You are responsible for making sure that your password and any other account details are kept secure and confidential. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at thepaway.co.uk/terms-conditions.
We will use reasonable efforts to: (a) delete accounts which are being used in an inappropriate manner or in breach of these Terms; and (b) identify and remove any content that is inappropriate, defamatory or infringes intellectual property rights, when we are notified of such behaviour, but we are not responsible if you have failed to provide us with the relevant information.
If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing intellectual property rights, you should contact us immediately using the contact details in Section 2 above.
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at thepaway.co.uk/terms-conditions, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and the supervisory authorities in the event you have a query or complaint about the use of your personal information.
The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means that we remain owners of them and are free to use them as we see fit.
Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
Trade marks: “Loyal Royal”, “The PA Way”, The PA Way logo, “The CEO to your Glow”, “The Consistent Assistant”, “All-star Assistant”, “AssistantHood”, “The VA Vox” and “Rock and Glow” are all trade marked names under The PA Way brand and cannot be used without written consent.
While we try to make sure the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable. Other than any personal information – which will be dealt with in accordance with our Privacy Policy – we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. We also cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
We may suspend or terminate access or operation of the Site at any time as we see fit.
Any 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, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using the Site and its Content.
While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or 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 advertising or 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 and is at your own risk.
If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
If any provision of these Terms is or becomes unenforceable, the rest of the Terms will not be affected.
No delay or failure by us to exercise any right or remedy under these Terms or by law will operate as a waiver of that right or remedy, nor will we be prevented or restricted from exercising that right or remedy in future.
No one other than us or you has any right to enforce any of these Terms.
No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details in Section 2 above.
The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the jurisdiction of the courts of England and Wales, although you can choose whether to bring a claim in the courts of another part of the UK in which you live.
Part B – Membership Terms
If you are a member of The PA Way, the Terms of this Part B apply to your use of the Site in addition to the Terms set out in Part A. You will need to register as a member in order to access certain features of the Site, including the forums.
When you register with us you are stating that you are over 18 years of age.
You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times. We reserve the right to terminate your membership and/or access to any specific content if we believe that you have provided us with false or misleading information.
Memberships are provided for a minimum period of 12 months from joining/renewing (Minimum Membership Period). Your membership starts on the date you applied to join us on your current plan. Membership becomes due for renewal on the annual anniversary of the subscription start date. At a time prior to your renewal date, you will receive communication from us requesting and providing renewal information for the forthcoming 12-month period.
The membership fee is £180 for the Minimum Membership Period. You can pay the membership fee on a monthly basis at £15 per month of the Minimum Membership Period, or you can pay annually in full, in which case the membership fee is discounted to £149 for the Minimum Membership Period.
The membership fee is reviewed by us on an annual basis.
For annual subscription payments, we accept credit and debit cards, Google Pay and Apple Pay. You can make a one-off payment using PayPal or Stripe.
For monthly subscription payments, we accept credit and debit cards only and you must set up a recurring monthly payment plan with PayPal. You are required to keep your payment details up-to-date on your profile in the members’ area of the website. Failure to do so may incur a disruption to your membership.
Receipts of payments will automatically be sent to you (annual payment plans on an annual basis and monthly payment plans on a monthly basis). Please keep your receipts safe as evidence of payment and to reclaim tax, if applicable.
If you anticipate any problems with your payment of the membership fee, please contact us at info@thepaway.co.uk at the earliest opportunity to discuss. If payment of the membership fee fails, we may suspend your account, advise you accordingly and try to collect payments the following month. You may also be contacted and asked to update your payment details.
If payment of the membership fee is not received, and if we have had no explanation from you to our reasonable satisfaction, we reserve the right to request immediate payment of all outstanding sums due – in the case of monthly instalments, you will be invoiced for the remainder of the membership fee up to the end of the Minimum Membership Period. We reserve the right to take legal action to recover any amounts that remain unpaid as well as our legal and administrative costs. Should you attempt to re-join The PA Way after your membership is cancelled, any outstanding fees will be required before you are accepted back into The PA Way community.
You have a legal right to cancel your membership at any time within 14 days of purchasing your membership (known as the “cooling-off period”). If you wish to do so, please contact us at info@thepaway.co.uk making it clear that you wish to cancel your membership, and we will refund any membership fees already paid.
Except for cancellations made in the “cooling-off period” as described above, you cannot cancel your membership during the Minimum Membership Period. You are free to make as much or as little use of your membership during the Minimum Membership Period, but it cannot be cancelled and is strictly non-refundable. If you elect to pay your membership fee monthly, you must continue to do so until the end of your current Minimum Membership Period. If you do not make the required payments, we may exercise our rights as set out in Section 3 above and we reserve all our other rights.
In addition to the provisions set out in Section 3 of Part A above, you agree that you will not: (a) use the Site for commercial purposes, financial gain or for any purpose other than your personal use; (b) send chain letters, junk email, spam, solicitations (commercial or non-commercial) or bulk communications of any kind; (c) advertise a company, product or service, or use the Site for recruitment purposes; (d) post links to alternative community groups; or (e) use the Site to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party’s intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal flow of a message board.
By submitting content, which may include your member name, to any “public area” of the Site, including message boards, forums, contests and chat rooms, you grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide. You also permit any member to access, display, view, store and reproduce such content for personal use.
By submitting content, you warrant that you are entitled and have all necessary rights to grant the licence stated above. Subject to the above licence, you will retain any and all rights that may exist in such content.
If you upload photographs to the Site, you agree: (a) you are over the age of 18; (b) you have reviewed and agree to comply with these Terms; (c) any individual depicted in the photograph is over the age of 13, or you have obtained the consent of the individual’s parent or guardian, and such individual has consented to the photograph being made publicly available in connection with the Site; (d) the photograph has not been modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the photograph; (e) the photograph does not contain any personal information; and (f) the photograph does not contain any potentially offensive material.
We reserve the right at any time to edit, alter, delete or move any content whatsoever posted to, appearing on or distributed by the Site and by you. We may at any time, and without prior or post warning, close discussions on message boards as we feel appropriate. We will not enter into discussions with you if we exercise any of these rights.
We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by members on the Site or otherwise in association with The PA Way. Any information or content placed online by members, including advice and opinions, is the view and responsibility of those members and does not necessarily represent the view of The PA Way.
We may hold certain events throughout your membership. The cost of events is not included in the membership fee. No refunds will be given for events unless we have cancelled the event for any reason. We may transfer the fees for a cancelled event to a replacement or alternative event at our discretion.
Any fees or costs incidental to the event, or any charges for damage/loss charged by the venue host, will not be our responsibility and must be covered by you.
We warrant to you that any features we provide as part of your membership will be provided using reasonable care and skill. We cannot give any warranty or guarantee in respect of any features provided by third parties.
Except in cases of death or personal injury caused by our negligence, we will not be liable for any losses you suffer or incur in connection with or arising out of your Membership or any of the Features, and in no circumstances will our liability exceed 100% of the membership fee you have paid to us in the 12-month period preceding the action giving rise to a claim against us.
We will not be liable for any losses you suffer or incur by reason of any delay or failure to provide any of the features we provide as part of your membership caused by any event outside our control. In respect of any cancelled features where an additional fee was payable, our liability will be limited to refunding the fee where you are unable to attend such cancelled feature at the rescheduled date (if any).
You may not assign, sub-contract or transfer your membership or any right or obligation under these Terms without our prior written consent.
Your membership and any dispute arising out of or in connection with it will be governed by and construed in accordance with the laws of England and Wales. You and we irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with your membership.
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