Terms and conditions
The website TopForm.Global is operated by Mark Bowden Ltd, Company Number: 08558755.
References to ‘we’, ‘us’ and ‘our’, refer to Mark Bowden Limited. References to ‘you’ and ‘your’ refer to anyone using our website.
Description of Service
Our website provides access to informational and educational resources, which may include videos, books, products and articles. All information, products and services contained on the website are provided on an ‘as-is’ and ‘as-available’ basis without warranty or condition of any kind. We are not responsible for the timeliness, deletion, or miss-delivery of any part contained on our website.
Acceptance of Terms
By using our website you are granted a limited licence to view the materials contained on our website for personal and/or business use. The grant of this limited licence is conditional upon your agreement to, and compliance with, these Terms and Conditions. You may not copy or distribute any of the materials contained on our website. Use of the materials contained on our website on any other internet site is strictly prohibited. Use of any materials on our website including reproduction (for any purposes other than those noted above), duplication, modification, distribution and republication, without our prior written permission is strictly prohibited and is a violation of our proprietary rights. If you download any software from our website, the software, including any images or files incorporated in or generated by the software and data accompanying the software are subject to the limited licence set out above. We retain all right, title, interest and intellectual property rights. You may not distribute, sell, or transmit intellectual property and you are not permitted to alter, modify or adapt This includes but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it
Mental Health Disclaimer
Our website contains information related to sporting performance and is intended for educational purposes only. The website does not, and will not, provide information on mental health care. Our website cannot be held responsible for the use of the information provided. If anyone using the website requires specialist mental health care then please always consult a trained mental health professional or a Crisis Clinic.
You agree to defend, indemnify and hold harmless Mark Bowden Ltd Top Form and any other party involved in creating, producing or delivering our website, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all liabilities, claims, damages, costs and expenses, including solicitors’ fees arising out of: your use of our website and products and services; your connection to our website, products and services; any material you post, upload, email or otherwise transmit using our services; or your violation, breach or alleged violation or breach of these Terms and Conditions.
Matters Beyond our Reasonable Control
We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability. In addition, we are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our services or prevent you from being able to contact us. We will not be liable for any failure to perform by a third party to this agreement.
Our website and services are provided without any representations or warranties of any kind, either express or implied. We disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws.
We try to ensure that the material included on our website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We do not represent or warrant that the information and/or facilities on or accessible via our website and services are accurate, complete or current, or that our website and products and services will be free of defects, including, but not limited to, viruses or other harmful elements. You assume all costs arising as a result of the use of website and services.
Limitation of Liability
To the fullest extent permitted by applicable laws, we will not be liable for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or our services offered through our website,
In accessing our website and our services you agree not to:
- Use, permitting or facilitating others to use our website by automated electronic processes, ‘robots’, ‘spiders’, scrapers’ ‘webcrawlers’ or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other content found on or accessed through our website;
- Upload, post, email transmit or otherwise make available any topic, name, material, or information that is hateful, racial, unlawful, harmful, threatening, abusive, harassing, tortuous, profane, defamatory, vulgar, obscene, libellous, or invasive of another’s privacy;
- Interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way our website or servers or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;
- Collect personal data about others who use our website or services;
- Create a frame, browser or border around any of the content of our website without our prior express written permission (other than a plain text-only link to the home page of our website, which does not in any way imply a sponsorship or affiliation with our website).
Our website contains links to other websites. We have no control over these sites and resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources. We have no responsibility or liability for any content, advertising, products, viruses or harmful elements, or other materials on or available from such sites or resources and, we bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or resource.
Those who choose to access our website do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Any dispute under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England (subject to appeal) and, by using our website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts. Any waiver of any provision of these Terms and Conditions must be in writing signed by us to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These Terms and Conditions represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written and, shall not be modified except in writing, signed by you and us. You may be subject to additional terms and conditions when you use affiliate services, third-party content or third-party software, or other parts of our website including subscription components.
How we Collect and Use your Personal Data
When you contact us or use our website we collect information that you provide to us directly and/or indirectly.
We will primarily use your personal data to provide you with our services. We will also use the personal information that we hold to communicate with you; for record keeping purposes; to improve the quality of our website and services; for market research; and/or to track activity on our website.
Legal Bases to Collect Personal Data
We will only use your personal data where there is a lawful basis to do so for example where you have given us consent, such as when you sign up for our newsletter.
What Personal Data do we Collect
The types of personal data we may collect about you include:
- Contact details, including your name, address, email address and/or telephone number;
- Information related to your visit to our website, such as which pages you visit and how often you visit them as well as device and network information and geographic location;
- Additional personal information that you provide to us, directly or indirectly, through contact with us and/or use of our website.
We use standard technology called cookies. Cookies are small files that are transferred to your computer or mobile device. Cookies enable us to see how visitors are using our website and can help us make improvements to it.
We use different types of cookies on our website, some of these are classed as strictly necessary in order to enable you to move around the website and use its features. We also use performance cookies which collect information about how our website is used, for instance which pages visitors go to most often. These cookies don’t collect information that identifies you.
For further information about cookies you can visit http://www.aboutcookies.org.uk/. This website also tells you how you can set your browser to not accept cookies if you wish to do this. Please note that some website features may not function correctly if you disable cookies.
Who we Share your Information With
We may share your information with third party service providers such as IT service providers, web-hosting and/or server providers and data storage providers. These third parties will only act under our instruction.
We use Google Analytics to collect information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to our website and browsing actions and patterns. This information is processed in a way that does not identify personal information. We do not make, and do not allow Google to make, any attempt to find out the identities visitors to our website. You can view Google Analytics’ data practices here https://support.google.com/analytics/answer/6004245?hl=en for more information.
How we Protect your Personal Data
The Operators take the security of your personal information seriously. All access to your personal data is password-protected and we use industry standard Secure Sockets Layer (SSL) encryption technology to guard your information on our website.
We use PayPal to process purchases made through our Website. We do not hold any records of payment card details.
How Long do we Keep your Information for?
Newsletters, general mailings, articles and offers – will continue to be sent to you until you decide to opt out
Google Analytics – 26 months
Communication with us directly – 6 years
Your Rights in Relation to your Personal Data
You have the following rights relating to the processing of your personal data:
The right of access – you can request that we provide you with all of the information we hold about you and will provide this to you within one month of receipt.
The right to rectification – we encourage you to contact us to let us know if your personal details change. You may update your personal information by contacting us using the support or contact sections of our website, by contacting us directly at firstname.lastname@example.org
The right to erasure – you have the right to have your personal data erased in certain situations such as withdrawing your consent for us to hold it.
The right to restrict processing – you have the right to restrict the processing of your personal data in certain circumstances. This means that you can limit the way that we use your data.
The right to data portability – you have the right to request that we transmit your data directly to another ‘data controller’.
The right to object – you have the right to object to the processing of your personal data.
Children Aged 13 Years or Younger
Children aged 13 years or younger must first ask the permission of, and get consent from, a parent or legal guardian before using this website. The parent or legal guardian must agree each time you want to:
- Use our website;
- Contact us or send any information to us;
Links to Other Websites
How to Contact us
You can contact us at any time via email at email@example.com or by using the Support or contact areas of our website.