The Motivation Agency Online is part of The Motivation Agency Ltd.
The terms and conditions of use (“Terms of Use“) below form a contract between us (The Motivation Agency Limited) and you, whether you are a “Visitor” to The Motivation Agency Online Learning Website (“The Website”), or logging in to make use of the learning materials (a “Learner”).
Continue & Begin Fast Coaching®, Can’t to Can Belief Busting®, Structure of Well-Done-Ness®, The But Monster®, Meerkat Selling®, and NDK Performance Model® are registered trademarks of Continue and Begin Limited (CBL) licensed by CBL to The Motivation Agency as an authorised and independent reseller of Continue & Begin Fast Coaching ® training materials.
All Visitors and Learners agree to use the Website and its materials fairly and to respect our copyright and that of our partners.
- www.themotivationagency-online.com is a site operated by The Motivation Agency Ltd (“We”). We are registered in England and Wales under company number 05971218 and have our registered office at 2 Minton Place, Victoria Road, Bicester, Oxfordshire, OX26 6QB
- Our main trading address is 2 Minton Place, Victoria Road, Bicester, Oxfordshire, OX26 6QB. Our VAT number is 997343662.
- To contact us, please email hello@themotivationagency-online.com.
- These Terms of Use refer to the following policies (“Policies”), which also apply to your use of the Website:
- our data privacy policy
- our cookies policy
- If you purchase one or more licences to provide access to the learning content on the Website, our Terms and Conditions of Licence Purchase will apply to your purchase in addition to these Terms of Use.
- By using this Website and the materials on it, you confirm that you have read, agree and will comply with these Terms of Use and the Policies (each as amended from time to time). If you do not agree to these Terms of Use or the Policies, you must not use this Website.
- By contracting with us to gain access to the online learning materials made available through The Motivation Agency Online Learning, you confirm that you have read, agree to and will comply with these Terms of Use and the Policies (each as amended from time to time).
- You agree to use the Website and access the materials only for lawful purposes and your use of the Website and the materials is in no way unlawful or fraudulent and does not have the intention or effect of damaging our reputation or damaging us financially.
- You agree not to use or access the Website or the materials for the purpose of harming or attempting to harm minors in any way.
- You agree not to distribute all or any part of the Website or the materials on it in any medium without our prior written consent unless such distribution is offered expressly within the content of the Website and permitted by these Terms of Use.
- You agree not to alter or modify any part of the Website or the materials.
- You agree not to access the Website or the materials through any technology other than the software provided by us or through your organisation’s Learning Management System / Learning Experience Platform (where we have agreed to supply it this way) or enabled via APIs or other generally available third-party web browsers such as Microsoft Edge, Chrome, Firefox, Safari or Internet Explorer.
- You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security-related features of the Website or any features that (i) prevent or restrict the use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the materials.
- You agree not to knowingly transmit any data or send or submit any content 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 agree not to use or access the Website or the materials for any commercial uses or for the benefit of any third party, including but not limited to the sale of access to the Website or any associated content the solicitation of business in the course of trade or in connection with a commercial enterprise.
- You agree to use the Website and access the materials in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website or materials.
- You agree not to ask for, collect or harvest any personal data of any Purchaser, Visitor or Learner on the Website.
- You agree not to post, upload, email or otherwise transmit, cause us to email or distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.
- You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the materials on the Website) for any other purpose other than as permitted by these Terms without our prior written consent.
- You agree not to use the Website or the materials in any manner intended to damage, disable, overburden or impair The Motivation Agency Ltd server or the network(s) connected to any The Motivation Agency Ltd server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website.
- You agree not to use any high-volume, automated, or electronic means to access the Website or the materials (including without limitation robots, spiders or scripts). We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
- The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
- We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that: we have no responsibility for the accuracy or availability of information provided by Linked Sites; and we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
- We are happy for people to add links to the Website from their own sites. We do not control this in any way and the presence of a link to the Website from another site does not mean that we approve of our endorse that site in any way.
- You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use or the Licence Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
Learners must not share their login details with anyone else and must make sure that any content they share through the site is their own content and that it is appropriate for public sharing.
- You agree that any personal information you share with us to enable us to provide you with access to the Website and the materials is accurate information.
- You agree that you will only use your own login details to access the Website and materials and that you will not share your login details with anyone else or allow anyone else to use your login details to access the Website and materials. We have the right to disable any user name 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 else knows your username or password, you must promptly notify us at hello@themotivationagency-online.com.
- You acknowledge and agree that the form and nature of the Website and the materials which we provide may change from time to time without prior notice to you.
- You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, the materials (or any part of the materials to you or to Learners generally) for whatever reason, at our sole discretion, without prior notice to you.
- Throughout your use of the Website and the materials, you may be able to provide content to the Website by uploading notes and replies, Learner discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Learner Content”). With respect to any Learner Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Learner Content on the Website, with the right to sublicense such rights for any purpose associated with the provision of the Website and the materials. We reserve the right to remove any Learner Content without notice at any time and for any reason.
- If you provide any Learner Content, you represent and warrant that you have all necessary rights, licences and/or clearances to provide such Learner Content and permit us to use and publish it. You also agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
- The Website may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third-party service providers, other Learners and/or us. You agree to use communication methods available on the Website only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms of Use, the Licence Terms and the Policies.
- We will respect your privacy and protect any personal data you share with us through your use of the Website and the materials. For our data privacy policy, please click here.
- Nothing in these Terms of Use or the Licence Terms affects any statutory rights that you are entitled to as a consumer. The Website and the materials are provided to you “as is” and we make no warranty or representation to you with respect to them.
- We exclude all representations, warranties, conditions and terms expressed or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential, or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms or Use or the Licence Terms. This includes (without limitation): any loss of profit (directly or indirectly); any loss of goodwill; and any loss of opportunity.
- We provide the materials on the Website in good faith but give no warranty or representation that the materials are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of materials on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
- Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted, or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
- We accept no responsibility for any loss or damage incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the materials;
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- any changes which we may make to the Website or the materials, or for any temporary interruptions in the provision of the Website or the materials;
- the deletion of, corruption of, or failure to store, any materials and other communications data maintained or transmitted by or through your use of the Website; your failure to provide us with accurate account information; or your failure to keep your account details secure and confidential.
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- For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue the Website or any of the materials with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
- We may transfer our rights and obligations under these Terms of Use and the Licence Terms to any third party.
- You may only assign or transfer your rights or your obligations under these Terms of Use or the Licence Terms to another person If we agree in writing.
- These Terms of Use, the Licence Terms and your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.
- Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms of Use, the Licence Terms or any policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
- Notwithstanding this, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
- We may update or amend these Terms of Use and the Licence Terms (as well as our Policies or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms Use, the Licence Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.
Terms and Conditions of Licence Purchase
We are delighted that you have chosen The Motivation Agency Ltd to help with your online training needs. As always happens when you provide a service, we need to set out some terms and conditions.
The terms and conditions (“Licence Terms“) below form a contract between us (The Motivation Agency Limited) and you as the purchaser (“Purchaser” of one or more licences to provide access to the learning content on The Motivation Agency Online Learning (“The Website”).
Continue & Begin Fast Coaching®, Can’t to Can Belief Busting®, Structure of Well-Done-Ness®, The But Monster®, Meerkat Selling®, and NDK Performance Model® are registered trademarks of Continue and Begin Limited (CBL) licensed by CBL to The Motivation Agency as an authorised and independent reseller of Continue & Begin Fast Coaching ® training materials.
Purchasers must ensure that they register everyone who will be using the site as a Learner from their organisation, that they have purchased licences for all their Learners and that their Learners comply with these Licence Terms and the Terms of Use.
These Licence Terms apply to Purchasers who are buying licences for Learners to access the materials through the Website or directly through their own platforms such as Learning Management Systems or Learning Experience Platforms.
- Learner details will be registered on the Website by the Purchaser responsible for purchasing the access of the Learners concerned to the course(s) they require. Purchasers are responsible for ensuring that:
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- each Learner is only registered once and only those named individuals for whom licences for access have been purchased will be able to access the materials;
- Learners know that they must not copy or reproduce any of the materials except as where the content expressly says that they can;
- they notify the administrators of the Website immediately if they become aware of any other Learner breaching these Licence Terms or the Terms of Use.
- Learners are aware that they must not allow others to use their login details.
- Learners are aware that they are subject to the Terms of Use.
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- Subject to your compliance with these Licence Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence to provide access to the Website and the materials for those named individuals whom you have registered as Learners. The licence for each Learner is for one year, commencing on the date on which it was purchased and is renewable subject to payment of the annual licence fee by the anniversary of the purchase.
- You must abide by all copyright notices or restrictions contained on the Website or the materials. You may not delete any attributions, legal or proprietary notices on the Website or the materials.
- You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- you or any Learner submitting Learner Content to the Website or participating in the courses on the Website;
- your or any Learner’s access to or use of the Website or the materials;
- your or any Learner’s breach of any of these Licence Terms; and any negligent act or omission, deliberate default or breach of statutory duty on your part.
Each indemnity in this paragraph is separate and independent from the other obligations in these Licence Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
- We undertake to protect all data which is shared with us by you as a Purchaser and by Learners, through their use of the website and to use it only in ways that are lawful. Our services sometimes use third parties with whom we have to share data. In these circumstances we ensure that any data shared is protected and that the third parties are compliant with the General Data Protection Regulations governing the use, store and processing of sensitive data.