Terms & Conditions
ERIN KELLIE &/OR COASTAL BLUE MEDIA FREE CONTENT AND SUBSCRIPTION CONTENT TERMS AND CONDITIONS
Updated on: 5th February 2022
Effective from: 3d August 2018
Coastal Blue Media (“us”, “we”, or “our”) operates the www.coastalbluemedia.com website (the “Service”).
These terms and conditions (“Conditions”) apply to you and Your Authorized User (defined below) and “Erin Kellie”, otherwise known as Erin Kellie, Coastal Blue Media or Coastal Blue Media or wercoastalblue.
These terms and conditions do not affect your statutory rights.
These Conditions take into account rights granted to consumers under the Canadian Consumer Protection Legislation. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (“Consumer Contracts Regulations”) implementing the Consumer Rights Directive 2011/83/EU (https://www.ic.gc.ca/app/oca/crd/dcmnt.do) when a consumer is contracting via distance selling. As such, if you are not a consumer or if you are a consumer but not buying via distance selling, please note that some of the rights under the Consumer Contracts Regulations including the right to return will not apply to you.
- DEFINITIONS
1.1 The definitions and rules of interpretation in this condition apply in these Conditions
“Coastal Blue Media” means Erin Kellie, trading as “Erin Kellie ”.
“Confidential Information” means any information that is proprietary or confidential which is expressly identified as such by the Party making the disclosure or would be reasonably regarded as confidential.
“Contract” means the contract between Erin Kellie and you governing your and Your Authorized User’s use of the Services and Software which shall incorporate these Conditions.
“Free Content” means content made available to you and/or Your Authorized Users on the Website or via a Username and Password to use without the need to pay a Subscription.
“Community” means the Community made available by Erin Kellie on the Website and on Facebook through free and paid groups.
“Learning Establishment” means a provider of education to persons of any age including but not limited to schools, colleges and universities.
“Parties” means Erin Kellie and you.
“Password” means the password in respect of a unique Username which enables you and/or Your Authorized User to gain access to the relevant Services. For the avoidance of doubt, you and/or Your Authorized User may subsequently change the existing password for a different password.
“Services” means the services performed by Erin Kellie of making the Free Content and/or Subscription Content (as the case may be) available to you and/or Your Authorized User.
“Software” means the computer programs and/or software deployed by Erin Kellie and/or is licensors on the Website to enable you and/or Your Authorized Users to utilize the Services.
“Subscription” means (i) the one-off subscription fee set out in the relevant pages of the Website to access the Subscription Content for a period of 12 months; or (ii) the monthly subscription fee payable as set out in the relevant pages of the Website to access the Subscription Content.
“Subscription Content” means the content which is accessible after a Subscription is taken out.
“Term” means a period of 12 months where the Subscription is for a one-off access calculated from the time Erin Kellie makes the relevant Subscription Content accessible to you and/or Your Authorized User; or the minimum period of 3 months for which you are obligated to pay the monthly Subscription fee.
“Username” means a unique username created by you and/or Your Authorized User (as the case may be), which, when the relevant Password is entered will grant such you and/or Your Authorized User access to the relevant Services.
“Website” means https://coastalbluemedia.com/ or such variations to the name of the aforesaid domain name.
“Your Authorized User” means an individual whom you have granted access to the relevant Services by the successful creation of a Username and Password.
1.2 You warrant that you are at least 18 years of age.
2 TERMS OF ACCEPTANCE
2.1 The Contract is formed between you and Erin Kellie when (and not before) Erin Kellie notifies you by e-mail and/or electronically that your registration has been accepted. When you place an order to subscribe for Subscription Content, your application will not be accepted until Erin Kellie receives authorization of your credit card or debit payment or such other authorization. Erin Kellie reserves the right not to accept any application. You are advised to print off and keep safe a copy of these Conditions once your application has been accepted by Erin Kellie.
2.2 Monthly payments by credit card are “continuous authority” transactions (C.A.T.) or “subscription” transactions. By clicking “proceed” on your order you are authorizing Erin Kellie to process a regular and recurring payment from your credit card for the Services provided. The minimum subscription period with Erin Kellie is 3 months; after this period, you may choose to end your subscription.
2.3 Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which the Contract made between Erin Kellie and you is transacted and processed unless otherwise agreed in writing by an Authorized representative of Alisa Krayeva.
2.4 While Erin Kellie tries to ensure that all prices on the Website are accurate, errors may occur. If an error is discovered in the price of the Subscription Content, Erin Kellie will contact you to let you know the correct price and ask you whether you still wish for Erin Kellie to make available such Subscription Content at correct price. Erin Kellie shall be under no obligation to make available to you and/or Your Authorized User such Subscription Content which was advertised at an incorrect price. Where you cancel your order for which you have already paid for, Erin Kellie will refund the full amount to you.
2.5 Erin Kellie will use reasonable endeavours to correct errors and omissions as quickly as practicable after being notified of them.
3 REGISTRATION
3.1 When you register to use the Free Content and/or Subscription Content (as the case may be), you will be required to provide information about yourself and Your Authorized User e.g. name and contact details as part of the registration process. You warrant that any registration information that you provide to Erin Kellie will be accurate, correct and up to date and shall continue to keep such information up to date and accurate.
3.2 Upon duly completing the relevant registration process and creating a Username and Password, you and/or Your Authorized Users will be registered as a user of Erin Kellie (which is free of charge). Details of your Username and Password shall be emailed to you at your nominated email address.
3.3 You agree to and agree to procure that Your Authorized User does not make available the Username and Password, any part of the relevant Services and/or the Community available to anyone. Where such disclosure of the Username and/or Password occurs, you must inform Erin Kellie immediately so that Erin Kellie can take appropriate security measures. In addition, where you wish to terminate the Contract with Erin Kellie, you agree to inform Erin Kellie so that Erin Kellie can update the system.
3.4 If you or Your Authorized User uses a shared computer, you agree not to and agree to procure that Your Authorized User does not save the Username and/or Password on such computer.
4 FREE CONTENT
4.1 Upon successful registration, Erin Kellie will make available to you and/or Your Authorized User the Free Content. Your and/or Your Authorized User’s authority to access the Free Content commences upon the Username and Password being successfully created and ends if the Contract is terminated under the provisions of these Conditions including Clause 15.
4.2 Subject to Clauses 4.3, 4.4 and 7, Erin Kellie grants to you and/or Your Authorized User a non-exclusive and non-transferable licence to search, view, copy, edit, store, print out, revise and use material and information available on the Website as part of the Free Content for your and/or Your Authorized User’s own personal purposes.
4.3 You and/or Your Authorized User may, if you and/or Your Authorized User is a student of a recognized Learning Establishment, use the Free Content for educational purposes provided an appropriate reference is given for all content so applied using a suitable referencing system of your and/or Your Authorized User’s choice (as the case may be) or as stipulated by your recognized Learning Establishment.
4.4 If you and/or Your Authorized User are an employees of a recognized Learning Establishment, you may use the Free Content for teaching purposes subject to the following conditions:
4.4.1 if the recognized Learning Establishment you and/or Your Authorized User work for is a not-for-profit organization, you and/or Your Authorized User will require no further consent to use the Free Content for teaching purposes within the recognized Leaning Establishment; and
4.4.2 if the recognized Learning Establishment you and/or Your Authorized User work for is not a not profit organization, you and/or Your Authorized User will require Erin Kellie ‘s prior written consent (which is granted at Erin Kellie ‘s sole discretion) before using such Free Content for teaching purposes. In this regard, please contact Erin Kellie at hello@coastalbluemedia.com
5 SUBSCRIPTION CONTENT
5.1 Upon successful registration and paying of the relevant Subscription fees, Erin Kellie will make available to you and/or Your Authorized User the Subscription Content. Your and/or Your Authorized User’s access the Subscription Content commences upon Erin Kellie notifying you by email that You and/or Your Authorized User is Authorized to access to the Subscription Content.
5.2 Subject to Clauses 5.3, 5.4 and 7, Erin Kellie grants to you and/or Your Authorized User a non-exclusive and non-transferable licence to search, view, copy, edit, print out, revise and use material and information which forms part of such Subscription Content subscribed by the User during the relevant Term:
5.2.1 for personal purposes; and/or
5.2.2 as a student of a recognized Learning Establishment, for personal educational purposes provided an appropriate reference is given for all content so applied using a suitable referencing system of your and/or Your Authorized User’s choice (as the case may be) or as stipulated by your recognized Learning Establishment.
5.3 You acknowledge and shall procure that Your Authorized User acknowledges that commercial use of Subscription Content is strictly prohibited. If you wish to use the Subscription Content for commercial purposes, please contact Erin Kellie at hello@coastalbluemedia.com so that Erin Kellie can provide you with its commercial subscriber terms and conditions.
5.4 If you and/or Your Authorized User are employees of a recognized Learning Establishment, you undertake and shall procure that Your Authorized User undertakes not to use the Subscription Content for teaching purposes. If you and/or Your Authorized User wish to use Subscription Content for teaching purposes at your recognized Learning Establishment, please contact Erin Kellie at hello@coastalbluemedia.com so that Erin Kellie can provide you with its Learning Establishment subscriber terms and conditions.
6 PAYMENT FOR SUBSCRIPTION
6.1 Erin Kellie accepts payment through Visa and Master Card (collectively as “Credit Cards”) via WaveApps and Paypal.
6.2 No payment shall be deemed to have been received until Erin Kellie has received cleared funds.
7 USER OBLIGATIONS
7.1 Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties, you agree not to and shall procure that Your Authorized User does not:
7.1.1 systematically copy any of Free Content and/or Subscription Content in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do so by Erin Kellie at its sole discretion;
7.1.2 attempt to duplicate, modify, disclose or distribute any portion of the Software;
7.1.3 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Software;
7.1.4 disclose the Software, Free Content, Subscription Content (where applicable), Usernames and Passwords to third parties, without Erin Kellie ‘s prior written consent;
7.1.5 use the Free Content and/or Subscription Content (as the case may be) and/or information extracted for any illegal, fraudulent or immoral purposes; and/or
7.1.6 transfer, temporarily or permanently, any rights or obligations under the Contract.
7.1.7 You agree to and agree to procure Your Authorized User notify Erin Kellie immediately of any errors or inaccuracies in respect of any information and/or data downloaded as part of the Free Content and/or Subscription Content (as the case may be) by emailing Erin Kellie at hello@coastalbluemedia.com
7.2 Save as permitted under these terms and conditions, to the furthest extent applicable, you acknowledge and shall procure that Your Authorized User acknowledges that any presentation, teaching, setting of homework and/or any use by you and/or Your Authorized User which incorporates and/or which is based on the materials and information derived from the Free Content and/or Subscription Content are based solely on you and/or Your Authorized User’s professional skill and judgment. Erin Kellie and its licensors will not be liable for any loss suffered by you and/or Your Authorized User.
7.3 You are and/or Your Authorized User is (as the case may be) responsible for configuring the computers and maintaining its internet connection in order to access the relevant Services and to provide for your own virus protection software.
7.4 You and/or Your Authorized User (as the case may be) agree that you and/or Your Authorized User shall not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
7.5 Erin Kellie reserves the right to update and/or make changes to the Free Content and/or Subscription Content from time to time at its sole discretion without notice to you and/or Your Authorized Users.
8 INTELLECTUAL PROPERTY
8.1 You acknowledge and shall procure that Your Authorized User acknowledges that Erin Kellie and her licensors own all intellectual property rights in the Software, Free Content and/or Subscription Content (excluding content on the Community). Except as expressly stated in the Contract, the Contract does not grant you and/or Your Authorized User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software, Free Content and/or Subscription Content.
8.2 You agree to defend, indemnify and hold Erin Kellie and/or its licensors harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your and/or Your Authorized User’s use of the Software, Free Content and/or Subscription Content (except in the circumstances where the Software, Free Content and/or Subscription Content infringes third party intellectual property rights in which case, Clauses 9.2 and 9.3 shall apply).
8.3 By posting or otherwise publishing Your Content on our Site or Entrance Exam Community and Community, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
- Warrant that you have the right to grant the above licences;
- Warrant that Your Content does not breach these Terms; and
- Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
8.3 You are solely responsible for the configuring of the relevant computers used to access and maintaining the internet connection in order to access the Free Content and/or Subscription Content (as the case may be) and to provide adequate and satisfactory virus protection software.
8.4 Save where the context otherwise requires, any references to you in the Contract includes references to Your Authorized User. Each act or omission of any of Your Authorized User which would if it was an act or omission by you been a breach of the Contract shall be deemed a breach you.
8.5 If Your Authorized User brings any claim against Erin Kellie in connection with the subject matter of the Contract, you agree to reimburse Erin Kellie in full for any amounts which Erin Kellie is obliged to pay to Your Authorized User in connection with such claim, and for any associated legal expenses reasonably and properly incurred by Erin Kellie. However, you will be entitled to bring a claim (subject to the exclusion and limitation of liability provisions set out in these Conditions) against Erin Kellie in respect of all losses and liabilities suffered or incurred by Your Authorized User which have been caused by Erin Kellie ‘s breach of the Contract and which, for the purposes of this clause only, shall be deemed to be your losses and liabilities.
9 Erin Kellie’s OBLIGATIONS
9.1 Subject to Clauses 7.2 and 7.3, Erin Kellie will use reasonable endeavours to ensure that the Free Content and/or Subscription Content are accurate at the date of such content being made available on the Website.
9.2 Erin Kellie warrants that to the best of her knowledge, the Services and the Software will not infringe any patents, designs or copyright of any third party. In the event you become and/or Your Authorized User becomes aware and/or has reasonable suspicion that the Services (and/or contents or information thereto) and/or Software may infringe the intellectual property of any third parties, you agree and shall procure that Your Authorized User agree:
9.2.1 to notify Erin Kellie as soon as it is practicable of any such claim being made;
9.2.2 that Erin Kellie shall be entitled at its expense to conduct any litigation that may ensue and negotiations for settlement of such claim; and
9.2.3 that you and/or Your Authorized User will give Erin Kellie all information and assistance reasonably necessary (at Erin Kellie ‘s expense) to defend or settle such claim and you shall not and shall procure that Your Authorized User does not compromise or settle such claim save that under no circumstances shall Erin Kellie admit liability for and/or on behalf of you and/or Your Authorized User without your prior written consent, such consent not to be unreasonably withheld or delayed.
9.3 In the event of such a claim set out in Clause 9.2, Erin Kellie shall be entitled at its own expense and option either to:
9.3.1 procure the right for you and/or Your Authorized User to continue using the Services (or affected parts thereof) and/or the Software;
9.3.2 make such alterations, modifications or adjustments to the Services (or affected parts thereof) and/or the Software so that they become non-infringing, without incurring a material diminution in performance or function;
9.3.3 replace the Services (or affected parts thereof) and/or the Software with non-infringing substitutes, provided that such substitutes do not entail a material diminution in performance or function;
9.3.4 remove the infringing Services (or affected parts thereof) and/or the Software; and/or
9.3.5 (where applicable) reimburse the Subscription paid by you.
9.4 Notwithstanding Clause 9.3, Erin Kellie shall have no liability if the alleged infringement is based on:
9.4.1 use by you and/or Your Authorized User of the Services and/or the Software in a manner contrary to these Conditions; or
9.4.2 use by you and/or Your Authorized User of the Services and/or the Software after notice of the alleged or actual infringement from Erin Kellie or any other person.
9.5 The Parties agree that Clause 9.3 sets out your sole and exclusive rights and remedies, and Erin Kellie ‘s and its licensor’s entire obligations and liability, for infringement of intellectual property.
9.6 Erin Kellie will take reasonable steps to ensure that the Services and the Software are virus-free. Notwithstanding the foregoing, Erin Kellie makes no representation or warranty that the whole or any part of the Services and the Software will be accessible at all times or be virus free. Erin Kellie reserves the right, without notice, to suspend temporarily or alter the operation of the Services for legal, regulatory or technical reasons. Where commercially feasible, Erin Kellie will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside of normal business hours in the United Kingdom.
10 CONTENT OF COMMUNITY AND SERVICES
10.1 You acknowledge and/or shall procure that Your Authorized User acknowledges that all information and materials (collectively as “Content”) which is accessible the Community are the sole responsibility of the person from which such Content originated. As such, you acknowledge and shall procure that Your Authorized User acknowledges that all information posted on the Community are provided on an “as is” basis and Erin Kellie does not warrant the accuracy and/or reliability of the same and Erin Kellie shall not be liable for any loss suffered by you and/or Your Authorized User as a result of you and/or Your Authorized User (as the case may be) using and/or relying on the information and/or materials available on the Community.
10.2 Erin Kellie reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content including without limitation to the Content on the Community.
10.3 You acknowledge and/or shall procure that Your Authorized User acknowledges that by using the Community, you and/or Your Authorized User (as the case may be) may be exposed to Content that you and/or Your Authorized User (as the case may be) may find offensive, indecent or objectionable and that, in this regard, the use of the Community is at your and/or Your Authorized User’s own risk.
10.4 You agree and shall procure that Your Authorized User agrees that you and/or Your Authorized User (as the case may be) is solely responsible for any Content that you and/or Your Authorized User create, transmit or display while using the Community and for the consequences of your and/or Your Authorized User’s actions (including any loss or damage which Erin Kellie may suffer) by doing so.
10.5 Without prejudice to the generality of Clause 10.4 above:
10.5.1 you and/or Your Authorized User (as the case may be) undertake not to upload any Content onto the Community or send and/or transmit to other members and/or registered users any Content which are illegal, obscene, threatening, defamatory, discriminatory, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, regulations or laws to which such Content are subject;
10.5.2 you and/or Your Authorized User (as the case may be) shall be solely responsible for the accuracy, legality, and compliance with the relevant rules and regulations in respect of the Content sent by you and/or Your Authorized (as the case may be);
10.5.3 you and/or Your Authorized User (as the case may be) warrant that you and/or Your Authorized User (as the case may be) have obtained all necessary consents, approvals and licences for the use of third party intellectual property rights in particular such third party intellectual property rights relating to such Content being uploaded onto the Community and the use of such third party intellectual property rights will not violate any intellectual property rights belonging to any third party; and
10.5.4 you and/or Your Authorized User (as the case may be) undertake not to post messages advertising commercial products or services, “junk mail”, “chain letters” or any other form of solicitation.
10.6 In the event of an infringement of (or allegations of) Clauses 10.4 and 10.5, or if Erin Kellie reasonably suspects such an infringement has occurred, Erin Kellie may, without giving notice to you and/or Your Authorized User and without liability, suspend availability of such Content or remove such Content, ending clarification of such allegations or suspicion.
10.7 The Parties shall notify each other as soon as reasonably possible after becoming aware of any third-party allegation of a breach of the provisions of Clauses 10.4, 10.5 and/or 10.6
10.8 We reserve the right (but have no obligation) to review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
10.9 You and/or your Authorized User (as the case may be) agree that you and/or your Authorized User will not send communications to Erin Kellie that are abusive, illegal, obscene, threatening, defamatory, discriminatory or disruptive. We reserve the right to terminate a user’s access upon any breach of these terms and conditions.
11 DISTANCE SELLING
11.1 Where you are a consumer located in the European Union (i.e. you are not an organization or an individual acting wholly or mainly within your trade, business craft or profession) and are entering into the Contract with Erin Kellie via distance selling including contracting via the Website, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) implementing the Consumer Rights Directive 2011/83/EU to cancel the Contract within 14 days of ordering a Subscription (“Cancellation Period”). However, please note that you will lose your cancellation rights if you expressly request Erin Kellie to provide you with the Subscription before the end of the Cancellation Period and the Subscription has been fully provided, and you acknowledged that you would lose your cancellation rights.
11.2 To exercise your cancellation rights, you must notify Erin Kellie in writing of your intention to cancel the contract by using the form available in the portal or by emailing Erin Kellie at hello@coastalbluemedia.com
11.3 Notwithstanding Clauses 11.1 and 11.2, given the nature of the Subscription, you agree that by placing your order with Alisa Krayeva, you are hereby requesting Erin Kellie to provide you the Subscription and in doing so, you acknowledge that you will lose your cancellation rights provided Erin Kellie fully provides you with the Subscription.
11.4 If you exercise your cancellation rights during the Cancellation Period, we will issue a refund to you on a pro-rated basis.
12 LINKS
12.1 The Website may include hyperlinks to other websites or content or resources. You acknowledge and agree and shall procure that Your Authorized User acknowledges and agree that:
12.1.1 Erin Kellie has no control over any such websites;
12.1.2 Erin Kellie is not responsible for the availability of any such external linked websites or resources; and
12.1.3 Erin Kellie does not endorse such websites or resources and as such, Erin Kellie will not liable for any loss or damage which may be incurred by you and/or Your Authorized User (as the case may be) as a result of the non-availability of such external websites or resources, or as a result of any reliance placed by the you and/or Your Authorized User on any materials and/or information external websites or resources.
13 CONFIDENTIALITY
13.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under this Agreement. A Party’s Confidential Information shall not be deemed to include information that:
13.1.1 is or becomes publicly known other than through any act or omission of the receiving Party;
13.1.2 was in the other Party’s lawful possession before the disclosure;
13.1.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
13.1.4 is independently developed by the receiving Party, which independent development can be shown by written evidence; and/or
13.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
13.2 Each Party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than those contemplated under this Agreement.
13.3 Each Party shall use reasonable endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
14 EXCLUSION AND LIMITATION OF LIABILITY
14.1 Erin Kellie gives you and/or Your Authorized User no warranty or assurance, except as set out in Clause 9 above. You acknowledge and shall procure that Your Authorized User acknowledges that all implied warranties and conditions are excluded to the maximum extent permitted by law.
14.2 This Clause 14 sets out Erin Kellie ‘s entire financial liability (including any liability for the acts or omissions of Erin Kellie ‘s employees, agents, sub-contractors and licensor to you and/or Your Authorized User in respect of:
14.2.1 any breach of this Agreement;
14.2.2 any use (as the case may be) made by to you and/or Your Authorized User in relation to the Services or the Software or any part of them; and
14.2.3 any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with the Contract.
14.3 Subject to Clause 14.4, except as expressly and specifically provided in these Conditions, Erin Kellie excludes all liability for any loss or damage including consequential loss and loss of business arising from you and/or Your Authorized User inability to access the Services and/or errors contained in any information forming part of the Services.
14.4 Notwithstanding any provisions in these terms and conditions, Erin Kellie does not exclude liability for death or personal injury which is due to Erin Kellie ‘s negligence, fraud and/or fraudulent misrepresentation.
14.5 Subject to Clauses 14.3 and 14.4, Erin Kellie ‘s maximum liability for any loss arising from Erin Kellie ‘s breach of the Contract (including these terms and conditions), negligence or under Clause 14.2 shall be limited to the Subscription paid by you or the equivalent sum of the Subscription.
15 TERMINATION
15.1 The Contract may be terminated by Erin Kellie if and/or Your Authorized User is in material breach of any of the terms of the Contract and if the breach is not remedied within the period of 28 working days after written notice of it has been given. If Erin Kellie is in material breach as a result of circumstances within Erin Kellie ‘s control, you will (if you are subscribed for Subscription Content), be entitled to a full refund of the Subscription fees but not otherwise unless otherwise agreed by Erin Kellie.
15.2 Subject to Clauses 2.2 and 11, you may terminate the Contract at any time by giving Erin Kellie a 14 day prior written notice by contacting Erin Kellie at hello@coastalbluemedia.com. Where Erin Kellie is not in breach of the Contract, no refund of the Subscription (where applicable) shall be given to you unless Erin Kellie agrees to do so at her sole discretion.
15.3 On termination of the Contract for any reason:
15.3.1 all licences granted under the Contract Agreement shall immediately terminate; and
15.3.2 subject to the exceptions in this Clause 15.3.2, you shall take reasonable steps to and shall procure that Your Authorized User takes reasonable steps to delete the information extracted from the Free Content and/or Subscription Content (as the case may be) and the Community from any of its electronic media, including its intranet and electronic storage devices. For the avoidance of doubt, you and/or Your Authorized User is not required to delete or destroy printouts containing information or materials that you and/or Your Authorized User made prior to termination, or copies of such printouts; and
15.3.3 The termination of the Contract shall not affect or prejudice the accrued rights of the Parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
16 AMENDMENTS TO THESE CONDITIONS
16.1 Erin Kellie reserves the right to vary these Conditions at any time but, in respect of any current Subscription, the terms which apply shall be those when the Contract was entered into.
16.2 When Erin Kellie amends these Conditions, Erin Kellie will publicize such amendments on the Website’s home page https://coastalbluemedia.com/. In this regard:
16.2.1 Your and/or Your Authorized User’s use of the Free Content shall be governed by the amended Conditions as of the date such amended Conditions are notified to you to come into force; or
16.2.2 Your and/or Your Authorized User’s use of the Subscription Content shall be governed by the amended Conditions as of the date such amended Conditions when you renew your Subscription.
16.3 Without prejudice to Clauses 16.1 and 16.2, your continued use of the Services after the date such amended Conditions are notified to you come into force will constitute your acceptance of such changes. If you do not agree to any changes to these Conditions, please do not continue to use the Services.
17 GENERAL PROVISIONS
17.1 The rights provided under the Contract are granted to you.
17.2 The Contract is not intended to benefit anyone other than the Parties to it and, in particular, no provisions of these terms and conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party including Your Authorized User.
17.3 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
17.4 If any provision (or part of a provision) of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
17.5 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it provisions are deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
17.6 The Contract and such other terms and conditions set out on the Website constitute the entire agreement and understanding of the Parties and supersede any previous agreement between the Parties relating to the subject matter of the Contract. Each of the Parties acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in the Contract.
17.7 The Contract shall be governed under Canadian law and the Parties submit to the non-exclusive jurisdiction of the Canadian courts.
17.8 Without prejudice to clause 17.7, if you are a consumer (i.e. you are not (i) an organization; or (ii) an individual acting wholly or mainly within your trade, business craft or profession) located in Canada and a dispute arises between you and Erin Kellie, we strongly encourage you to get in touch with us directly first to seek a resolution by contacting hello@coastalbluemedia.com. If the dispute cannot be resolved between you and Erin Kellie, we will consider your reasonable request to resolve the dispute through an alternative dispute resolution process (“ADR”). ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If we agree to using an ADR process, you can submit your complaint to the Centre for Effective Dispute Resolution via its website https://adric.ca/ or https://adric.ca/how-to-commence-an-arbitration/. You should not submit your complaint until you have received notice from us in writing (and this could be an email) that we have agreed to resolve your complaint via ADR.
