1. General Information
Common Exception is a trading name of Ordinary Misfit Ltd.
These terms and conditions of use, and your use of the Website and/or the Services, shall be governed by United Kingdom laws and regulations.
2. Changes to Terms
We may amend these Terms at any time at our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective no earlier than fourteen (14) days after such modified Terms are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.
3. Your use of the service
a. Eligibility and Registration.
You must be at least 18 years of age to use the Service. You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times. The Service may permit you to register through certain third-party social networking services, such as Facebook Connect or Google (each, an “Authentication Service”). By registering for or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including your user name, profile picture, age and date of birth, email address, and friends/contacts list. We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.
b. Account Security.
You are responsible for access to and control of your account, and for all activities that occur under your account or password. You should not reveal your account information to anyone. We will not ask you for your password. If you need a new user name or password, we will generate a user name and password automatically and send it to the email listed on your account. You must notify us immediately at [email protected] if you believe that your account has been compromised.
c. General Practices Regarding Use and Storage; Modification to the Service.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. We reserve the right to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service except as otherwise set forth in these Terms.
d. Mobile Service.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
4. Fees and refunds
e. Use Of Free Downloadable Content.
Users may download select products and courses for free (“Free Content”) through the Service (though we reserve the right to charge fees with respect to any particular Course) by providing an e-mail address.
f. Viewing or Purchasing Courses.
If you’d like to purchase a copy of or view a Course, you must pay a fee at the price listed on the Service for that Course. Different Courses may be subject to different terms and conditions and third-party license agreements that you may have to accept prior to viewing or purchasing a Course.
g. Cancellation Of Subscription. Some Services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing [email protected]. Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
h. Fee Changes.
Fees for use of the Service, including fees for viewing or purchasing Courses (“Fees”), are subject to change at any time, with or without notice, and without liability to you or any third party.
If you are not satisfied with a Course within 30 days after purchasing through Common Exception’s browser-based application, we may issue a refund. If you notify us within 30 days of your purchase that you are unable to view a Course due to a technical issue on Common Exception’s end, we may, in our sole discretion, choose to replace the defective media (if possible) or refund the applicable fee, in whole or in part. Courses that have been downloaded are not eligible for refunds. If you abuse this refund policy, as determined by Common Exception in our sole discretion, you may no longer be able to get a refund and/or access your Common Exception account.
Unless otherwise stated, all Fees are payable in GB Pounds. You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorise us and our third-party payment service providers to collect such Fees using the credit card or other payment method you provide to us.
k. Consumer User License.
Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any Courses or Free Content purchased by you. Your purchase of any Courses or Free Content entitles you only to view and use that Course or Free Content in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the Course or free product. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses or Free Content in any manner. By purchasing or downloading, you agree that the Free Content or Courses you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By purchasing or downloading Free Content or Courses, you further agree that you shall not create any derivative work based upon the Free Content or Courses and you shall not offer any competing products or services based upon any information contained in the Free Content or or Courses. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Courses you’ve purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
l. To Us.
You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to store, use, reproduce, perform, make available to the public, publish, distribute and display the content you upload to the Service and other content you share with us through the Service (“User Content”) in order to provide and promote the Service and otherwise in accordance with these Terms. If you have published, made public or shared your User Content with others through the Service, or if your User Content is shared through any social media pages (including our social media pages), you understand and agree that your User Content may still be visible on those sites and other users may retain and continue to display, reproduce, share or otherwise include your User Content as a result, even if the content has been removed from your account with us. Except for the rights granted herein, you retain ownership of all rights in and to your User Content. We will not offer any User Generated Content for sale or otherwise directly monetise it in any way.
Individuals who agree to appear as guests through the Service agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
6. Email And Other Electronic Communications
7. Prohibited Conduct
You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your user name and password, or the user name and password of another authorised user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, “frame,” “mirror,” “in-line link” to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party’s intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libellous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United Kingdom (England and Wales) or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service.
8. Our Proprietary Rights
All content included in the Service and originating with us, including website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of us or our licensors, and is protected by the United Kingdom (England and Wales) and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorised by these Terms, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service. You may not sell or distribute use of the Service or access to the Service. You may not reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Service or any part thereof.
“Common Exception” and all related logos, graphics and icons are service marks or trademarks of [TBC]. All other trademarks, service marks, product names, company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
9. No Guarantee
ALL COURSES, INFORMATION AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS SERVICE ARE BEING PROVIDED ON AN AS-IS BASIS AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND OF A GENERAL NATURE. INFORMATION AND MATERIALS CONTAINED IN COURSES AND ON THE SERVICE ARE NOT SPECIFIC TO YOUR INDIVIDUAL CIRCUMSTANCES AND GOALS, WHETHER FINANCIAL, MEDIAL OR OTHERWISE, AND ARE NOT INTENDED TO CONSTITUTE OR REPLACE THE ADVICE OF A QUALIFIED, LICENSED PROFESSIONAL WHERE REQUIRED. STATEMENTS AND OPINIONS EXPRESSED IN THE COURSE ARE THOSE OF THE INSTRUCTOR OR GUEST ONLY AND COMMON EXCEPTION MAKES NO REPRESENTATION OF THE ACCURACY OR RELIABILITY OF THE STATEMENTS.
As information and/or resources you may download from this service are provided on as as-is basis, are of a general nature and are intended for informational purposes only, there is no guarantee that the content will be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in the Service is accurate, but we cannot represent that this Service is free of errors. You accept that the information contained on the Service may be erroneous and agree to conduct due diligence to verify any information obtained from the Service and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website.
10. No Professional-Client Relationship
Your use of this Service – including implementation of any suggestions set out in the Service – does not create a professional-client relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine until various requirements, such as fee arrangements, are resolved. Thus, you recognise and agree that we have not created any professional-client relationship by the use of this Service.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interviews on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognise that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to [email protected] that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
13. Affiliate Links
From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. The Company will inform you when content on the site includes an affiliate link. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
14. Third Party Content; Applications, Hyperlinks
The Service includes social functions that allow users and other third parties to upload content onto the Service. The Service may also contain links and references to other third party services, websites, applications, and materials. We have no ownership or control over such third party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements.
At various places on this Website, you may find testimonials from clients and customers of the Service. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognise and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using the Service.
16. User-Generated Feedback
We value hearing from our users, and are always interested in learning about ways we can improve Common Exception. Any feedback, comments, reviews, ideas or suggestions regarding the Service (“Feedback”) that you provide to us will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. We will be free to use such Feedback in any manner without any obligation to you. You waive the right to bring any claim against us related to our use of any Feedback, including those related to “moral rights.”
17. Use Of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
18. Reservation of Rights
We reserve the right, but do not have the obligation, to monitor the content and transactions on or through the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
19. Disclaimer; Limitation of Liability.
a. No Warranties.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMON EXCEPTION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMMON EXCEPTION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
b. Limitation of Liability.
COMMON EXCEPTION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH ANY OF THE FOLLOWING (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES): (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
c. Exclusions and Limitations.
THE LAWS OF SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY OR BE ENFORCEABLE WITH RESPECT TO YOU. THE FOREGOING SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF YOUR COUNTRY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF YOUR COUNTRY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE FOREGOING SECTION.
20. International Users
The Service is controlled, operated and administered by the Company from our offices within the in the United Kingdom. If you access the Service from a location outside the United Kingdom, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
22. Dispute Resolution and Applicable Law
By using the Service you hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Service and the Company. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through arbitration in England. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. Any dispute arising from these Terms shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any arising dispute. If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.
These Terms are governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws provisions. The parties consent to personal jurisdiction, and waive all objections and challenges to venue and jurisdiction, within the United Kingdom. These Terms and any other policies referenced herein constitute the complete agreement of the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements between the parties whether written or oral. Any additional terms in any written or oral communication from you to us are void. These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns. We may assign these Terms, including any rights and licenses granted to us hereunder. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The parties are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision herein will not affect the validity or enforceability of any other provision herein, all of which will remain in full force and effect. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. Whenever the words “include,” “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.”
- Registered business name: Ordinary Misfit Ltd
- Registered address: 20-22 Wenlock Road, London N1 7GU
- Registered in England and Wales
- Company Registration No. 12149423