Terms and Conditions

 

This agreement applies as between you, the User of this App / Website and Kidd Enterprises llc, the owner(s) of this App / Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions and is deemed to occur upon your first use of the App / Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the App / Website immediately.

No part of this App / Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer is deemed to occur upon purchase through Users App store and time of use of the App / Website.
 
1. Definitions and Interpretation


In this Agreement the following terms shall have the following meanings:

 

Account:   means collectively the Personal Information, Payment Information and credentials used by Users to access paid content and/ or any communications System on the App / Website;

 

Content:   means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this App / Website;

 

Facilities:   means collectively any online facilities, tools, services or information that Kidd Enterprises llc makes available through the App / Website either now or in the future;

 

Services:   means the services available to you through this App / Website, specifically use of the Kidd Enterprises llc proprietary e-learning platform;

 

Payment Information:   means any details required for the purchase of Services from this App / Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

 

Premises:   means Our place(s) of business located at Houston, Texas;

 

System:   means any online communications infrastructure that Kidd Enterprises llc makes available through the App / Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, email links and website links;

 

User / Users:   means any third party that accesses the App / Website and is not employed by Kidd Enterprises llc and acting in the course of their employment;

 

App / Website:   means the App / Website that you are currently using (Selling101Lite, Selling101Pro, www.Selling101Pro.com, www.ByronKidder.com, www.ByronKidderJr.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;

 

We/Us/Our:   means Kidd Enterprises llc, a company incorporated in the State of Texas, U.S.A.

 

2. Age Restrictions
Persons under the age of 18 should use this App / Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

 

3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.

 

4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the App / Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Kidd Enterprises llc, Our affiliates or other relevant third parties. By continuing to use the App / Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the App / Website unless otherwise indicated on the App / Website or unless given Our express written permission to do so.

 

5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the App / Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

6. Fair Use of Intellectual Property
Material from the App / Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

7. Links to Other App / Websites
This App / Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Kidd Enterprises llc or that of Our affiliates. We assume no responsibility for the content of such App / Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this App / Website does not imply any endorsement of the sites themselves or of those in control of them.

 

8. Links to this App / Website
Those wishing to place a link to this App / Website on other sites may do so only to the home page of the App / Website without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@selling101pro.com

 

9. Use of Communications Facilities
9.1 When using any System on the App / Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Kidd Enterprises llc or Our affiliates; and
9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that Kidd Enterprises llc reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Kidd Enterprises llc may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

 

10. Accounts
10.1 In order to procure Services on this App / Website and to use certain other parts of the System, you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the App / Website as We may not require payment information until you wish to make a purchase. By continuing to use this App / Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, mobile phone, other electronic devices, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

 

11. Termination and Cancellation of Accounts
11.1 Either Kidd Enterprises llc or you may terminate your Account at any time. We reserve the right to terminate without giving reasons, and without refund.
11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

 

12. Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Kidd Enterprises llc correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan of Services.
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the App / Website.
12.4 All pricing information on the App / Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
12.6 All prices on the App / Website do not include VAT. In accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014) and supplements thereof, Kidd Enterprises llc is not yet liable for VAT and therefore not VAT registered and does not possess a VAT number.

 

13. Orders and Provision of Services
13.1 No part of this App / Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. 
13.2 Payment for the Services shall be taken via your chosen payment method.
13.6 Kidd Enterprises llc shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
13.8 Kidd Enterprises llc does not currently provide technical support.

14. Cancellation of Orders and Services
Kidd Enterprises llc does not warranty, offer cancellations, or refund any charges for products and services. All products and services are sold “as-is”.

 

15. Privacy Policy
Use of the App / Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. As well as, in the privacy policy within this document below. 

 

16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

 

17. Disclaimers
17.1 We make no warranty or representation that the App / Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. 
17.2 No part of this App / Website is intended to constitute advice and the Content of this App / Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this App / Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst We use reasonable endeavors to ensure that the App / Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

 

18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the App / Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the App / Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

19. Availability of the App / Website
19.1 The App / Website is provided “as is” and on an “as available” basis. Kidd Enterprises llc uses industry best practices to provide a high uptime. We give no warranty that the App / Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages or App / Website termination. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the App / Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

20. Limitation of Liability
20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the App / Website or any information contained therein. You should be aware that you use the App / Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Kidd Enterprises llc liability for death or personal injury resulting from any negligence or fraud on the part of Kidd Enterprises llc.
20.3 Nothing in these Terms and Conditions excludes or restricts Kidd Enterprises llc liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the App / Website.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Kidd Enterprises llc.

 

24. Communications
24.1 All notices / communications shall be given to Us either by email to info@selling101pro.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us and turn off any notification settings in your electronic devices.

 

25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Kidd Enterprises llc shall be governed by and construed in accordance with the Law of United States and Kidd Enterprises llc and you agree to submit to the exclusive jurisdiction of the Courts of Houston, Texas.


Privacy Policy

This Policy applies as between you, the User of this App / Website and Kidd Enterprises llc the owner and provider of this App / Website. This Policy applies to our use of any and all Data collected by us in relation to your use of the App / Website and any Services or Systems therein.

 

1. Definitions and Interpretation

 

In this Policy the following terms shall have the following meanings:

 

Account:   means collectively the personal information, Payment Information and credentials used by Users to access Material and/or any communications System on the App / Website;

 

Content:   means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this App / Website;

 

Cookie:   means a small text file placed on your computer by Kidder Enterprises llc when you visit certain parts of this App / Website. This allows us to identify recurring visitors and to analyze their browsing habits within the App / Website.

 

Data:   means collectively all information that you submit to the App / Website. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

 

Owner / Provider:   means Kidder Enterprises llc, Houston, Texas;

 

Service:   means collectively any online facilities, tools, services or information that Kidd Enterprises llc makes available through the App / Website either now or in the future;

 

System:   means any online communications infrastructure that Kidd Enterprises llc makes available through the App / Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

 

User / Users:   means any third party that accesses the App / Website and is not employed by Kidd Enterprises llc and acting in the course of their employment; and

App / Website:   means the app / website that you are currently using (Selling101Lite, Selling101Pro, www.Selling101Pro.com, www.ByronKidder.com, www.ByronKidderJr.com) and any sub-domains of the App / Website unless expressly excluded by their own terms and conditions.

 

2. Data Collected
Without limitation, any of the following Data may be collected:

2.1 name;
2.2 date of birth;
2.3 job title & profession;
2.4 contact information such as email addresses and telephone numbers;
2.5 demographic information such as post code, preferences and interests;
2.6 financial information such as credit / debit card numbers;
2.7 IP address (automatically collected);
2.8 web browser type and version (automatically collected);
2.9 operating system (automatically collected);
2.10 a list of URLS starting with a referring site, your activity on this App / Website, and the site you exit to (automatically collected); and
2.11 Cookie information (see Clause 10 below).

 

3. Our Use of Data
3.1 Any personal Data you submit will be retained by Kidd Enterprises llc for as long as you use the Services and Systems provided on the App / Website. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to one year.
3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security, see Clause 9 below.
3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our App / Website. Specifically, Data may be used by us for the following reasons:
3.4.1 internal record keeping;
3.4.2 improvement of our products / services;
3.4.3 transmission by email of promotional materials that may be of interest to you;
3.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customize or update the App / Website.

 

4. Third Party App / Websites and Services

 

Kidd Enterprises llc may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this App / Website. Any Data used by such parties is used only to the extent required by them to perform the services that Kidd Enterprises llc requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.

 

5. Changes of Business Ownership and Control
5.1 Kidd Enterprises llc may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.

 

6. Your Right to Withhold Information
6.1 You may access certain areas of the App / Website without providing any Data at all. However, to use all Services and Systems available on the App / Website you may be required to submit Account information or other Data.
6.2 You may restrict your internet browser’s use of Cookies. For more information see Clause 10 below.


7. Changes to this Policy
Kidd Enterprises llc reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the App / Website and you are deemed to have accepted the terms of the Policy on your first use of the App / Website following the alterations.

 

8. Contacting Us
If there are any questions regarding this privacy policy, you may contact us at info@selling101pro.com