Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of the Websites de Bono.com and Lateral Thinking.com (including any sub-domains, unless expressly excluded by their own terms and conditions), and Edward de Bono Ltd, trading as de Bono, the owner and operator of these Websites. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of either of the Websites. If you do not agree to be bound by these terms and conditions, you should stop using these Websites immediately.

In these terms and conditions, User or Users means any person that accesses these Websites and is not either (i) employed by Edward de Bono Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Edward de Bono Ltd and accessing these Websites in connection with the provision of such services. References in these terms and conditions to Edward de Bono Ltd, “de Bono” (or “we”, “us” or “our”) refer to the company operating the Websites. See section 32 for corporate information.

You must be at least 18 years of age to use these Websites. By using these Websites and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on these Websites, unless uploaded by Users, is the property of Edward de Bono Ltd, trading as de Bono, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of these Websites, including any such content uploaded by Users. By continuing to use these Websites you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

2. You may, for your own personal, non-commercial use only, do the following:

a. retrieve, display and view the Content on a computer screen.

b. print one copy of the Content for your own personal use only.

c. use the "email me this" function to send yourself copies of your notes on LateralThinking.com.

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Edward de Bono Ltd.

4. You acknowledge that you are responsible for any Content you may submit via the Websites, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Websites any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Websites.

5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Edward de Bono Ltd, for all claims resulting from Content you supply. You agree that Edward de Bono Ltd may use any comments you make about the service provided by Edward de Bono Ltd for marketing purposes.

Prohibited use

6. You may not use the Websites for any of the following purposes:

a. in any way which causes, or may cause, damage to the Websites or interferes with any other person's use or enjoyment of the Websites;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration and Subscription

7. Each registration or subscription is for a single user only. On registration, you will choose a user name and password (“ID”). The email address that you provide on registration must correspond to a named email account and not a generic or shared email account. You are not allowed to share your ID or give access to the Content through your ID to anyone else. We do not allow multiple users on a network or within an organization to use the same ID. FT may cancel or suspend your access to FT.com if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of FT.com.You must ensure that the details provided by you on registration or at any time are correct and complete.

You are responsible for all use of the Websites made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify de Bono immediately by e-mailing us at info@debono.com. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.

8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

9. If you are a registered user and have never been a subscriber, then we reserve the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please contact info@debono.com. Cancellation or suspension of your registration does not affect any statutory rights.

10. By placing your subscription order you agree that we may start your subscription immediately upon our accepting your order. Except in limited circumstances, described below, this means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription. We reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. If we terminate your subscription for any reason and/or permanently cease publishing the Websites, the Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

11. Subscriptions do not auto renew, you will need to authorise a new subscription if you wish to continue. If you choose not to renew you will continue to have access to your notes for one month, after which the notes will be deleted. You may export your notes via the "Email me this" feature on the My Thoughts page.

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Password and security

12. When you register on these Websites, you will be asked to create passwords, which you should keep confidential and not disclose or share with anyone. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

13. These Websites may contain links to other sites. Unless expressly stated, these sites are not under the control of Edward de Bono Ltd, or that of our affiliates.

14. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

15. The inclusion of a link to another site on these Websites does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

16. Use of these Websites is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.debono.com/privacy-policy/ and the Cookies Policy can be found here

Availability of the Website and disclaimers

17. Any online facilities, tools, services or information that Edward de Bono Ltd, makes available through these Websites (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Edward de Bono Ltd, is under no obligation to update information on these Websites.

18. Whilst Edward de Bono Ltd, uses reasonable endeavours to ensure that the Websites are secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

19. Edward de Bono Ltd, accepts no liability for any disruption or non-availability of the Websites.

20. Edward de Bono Ltd, reserves the right to alter, suspend or discontinue any part (or the whole of) the Websites including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Websites unless it is expressly stated otherwise.

Limitation of liability

21. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

 

22. To the extent that the Websites and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

 

23. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

 

24. To the maximum extent permitted by law, Edward de Bono Ltd,  accepts no liability for any of the following:

a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b. loss or corruption of any data, database or software;

c. any special, indirect or consequential loss or damage.

 

General

 

25. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

 

26. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

 

27. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

 

28. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

 

29. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

 

30. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

 

31. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 

Edward de Bono Ltd, trading as de Bono details

 

32. Edward de Bono Ltd, trading as de Bono is a company incorporated in England and Wales with registered number 11433091 whose registered address is First Floor, Templeback,, 10 Temple Back, Bristol, BS1 6FL, UK and it operates the Website www.debono.com and www.lateralthinking.com.

You can contact Edward de Bono Ltd, trading as de Bono by email on info@debono.com.

 

These Terms and Conditions were updated on 4 August 2019

(c) Copyright Edward de Bono Ltd, trading as de Bono