Terms and Conditions
Hi, I’m Jim McCallum. These are the Terms and Conditions for my website.
Intellectual Property Rights
For legal reasons we are obliged to state the following:
Ownership of Material, Software Licences and intellectual Property Rights
All rights reserved under International Copyright Conventions.
All materials displayed or otherwise accessible through this website, including, without limitation, articles, text, slides, spreadsheets, photographs, images, illustrations, computer software and code, and the website itself, are protected under UK and foreign copyright or other laws, and are owned by Jim McCallum Publishing Limited (JMPL).
Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet (including pasting onto another website), transmission, redistribution or other exploitation of this website or of any content of the books, whether in whole or in part, whether physically or electronically, other than expressly set out herein, is prohibited without the express written permission of JMPL.
All software embedded in or located on or at the website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (software) is protected by copyright and may be protected by other rights. All such software is owned by JMPL, its licensors or the party accredited with ownership of such software. You are hereby granted the right to access and use the software embedded and integrated into the website, subject to
– the terms and conditions of this Agreement, and
– any additional conditions which may be imposed on your access and use of such software
If the website provides software for download, unless otherwise provided, you are hereby granted, subject
– to the terms of this Agreement, and
– to any other terms and conditions that may apply to your downloading and use of such software,
a personal, non-transferable, non-exclusive license to access and run one copy of the software on a non-networked computer for your personal, non-commercial use.
Except to the extent expressly permitted in this Agreement, you may not
– use, reproduce, modify, adapt, translate, upload, download or transmit the software in whole or in part,
– sell, rent, lease, licence, trade, transfer or otherwise provide access to the software
– alter, remove or cover any trademarks or proprietary notices included in the software, and/or
– disassemble, decrypt, extract or reverse engineer the software or assist others in so doing, and/or
– carry out any other such activity which would have the effect of changing the material (regardless of whether such change be material or not) so that any aspect of such material would vary from that at the point in time at which it is licensed to you under these terms.
Nothing contained in the website shall be construed as granting you any right, title, interest or other licence in or to any software embedded or integrated into the website or made available for download from the website, including, but not limited to, any intellectual property rights in the software.
You shall: (i) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; and (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of any audio or visual information, documents, software, products and services contained or made available to you in the course of using the service (outside that permitted by these terms) that is known or suspected by you.
All software embedded or integrated into the website is provided as is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty that the software
– is of satisfactory or merchantable quality or is fit for any particular purpose;
– will conform with any specifications relating to the software;
– will be free from material defects;
– contains no computer viruses or other contaminants; or
– shall process data-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
Except for testimonials, which are direct quotes, and videos, no guarantees are made that other quotes used within the website,books, and course materials (the materials) are actual dialogue, and should not be taken as such. In some cases artistic licence has been taken by the publisher to make a point.
All operational data used within the materials are representative of real life operations. However, such real life data may have been modified by the publisher to maintain anonymity and thus no guarantees are made that they reflect any particular operation, location or company. Any perceived resemblance to an actual real life operation is purely coincidental.
For legal reasons we are obliged to state the following:
Disclaimer: To the fullest extent permitted by law, the sellers (being JMPL) are providing the materials, subsidiary elements and contents on an ‘as is’ basis and make no (and expressly disclaim all) representations or warranties of any kind with respect to these materials or contents including, without limitation, advice and recommendations, warranties or merchantability and fitness for a particular purpose. While it is our intention to be as accurate in fact, detail, analysis and comment as possible, the author, contributors, publisher and their representatives cannot be held liable for any error in detail, misjudgement or inaccuracy whatsoever.
The materials are given for study purposes only. This does not represent or warrant that the information accessible via the materials is accurate, complete or current. To the fullest extent permitted by law, neither the sellers nor any of its affiliates, partners, directors, employees or other representatives will be liable for any loss or damages arising out of or in connection with the use of the materials. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Neither the sellers nor any of its affiliates, partners, directors, employees or other representatives are affiliated with any of the trademarked/copyrighted and non-trademarked/copyrighted resources, websites or companies mentioned or shown in the materials, nor can we control any of the content on their websites.
The materials are for information purposes only. They are not intended to provide accounting, legal, investment, financial or other advice to you, and you should not rely on the information to provide any such advice. Every effort has been made to accurately represent information and its potential. However, there is no guarantee that you will earn any money using the ideas, approach and techniques in the materials. Examples in the materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using the ideas, approach and techniques in the materials. JMPL does not purport this course as a “Get rich quick” scheme.
Your level of success in attaining the results claimed in the materials depends on the time you devote to the program, your application of the ideas, approach and techniques mentioned, and your level of knowledge, expertise and various skills. Since these factors differ according to individuals, JMPL cannot guarantee your success or income level. Nor are JMPL responsible for any of your actions.
The materials may contain information that includes or is based on forward-looking statements. You can identify such statements by the fact that they do not relate to current or historical facts. They use words such as “anticipate”, “estimate”, “expect”, “project”, “plan”, “potential” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements in the materials or in any sales materials, whether script or video, are intended to express JMPL’s opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to those outlined in the materials or anyone else’s. In fact, no guarantees are made that you will achieve any results from the ideas, approach and techniques in the materials.
You are responsible for all activity on your user accounts and shall comply with all applicable laws and regulations in connection with your use of the service, including those related to data protection, international communications and the transmission of technical or personal data.
You will gain access to the materials as per the imstructions and conditions within the materials.
Charges and Fees
For legal reasons we are obliged to state the following:
You shall pay all fees or charges in accordance with those specified on our website or by our relevant and approved affiliates. Fees and charges may be amended or new charges introduced at any time.
You shall pay any fees and charges due direct to JMPL on the terms specified on the website or otherwise within 30 days of the relevant invoice date.
Any payments due direct to JMPL shall be made in Sterling (GBP) by electronic transfer to such bank account as JMPL may direct from time to time.
Any payments due direct to JMPL shall be exclusive of Value Added Tax (VAT) and any sales or other applicable taxes, levies or charges, which shall, if applicable law so requires, be paid by you in addition to such payments at the applicable rate from time to time.
We may, at our sole discretion, terminate your (or any user’s) log-in access, password, account or use of the service if you breach or otherwise fail to comply with these terms and conditions.
Governing Law and Jurisdiction
These terms and conditions are governed by the laws of Scotland and by using the website you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
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This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.oneoftheelite.com
By providing us with your data, you warrant to us that you are over 13 years of age.
Jim McCallum Publishing Limited is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Our full details are:
Full name of legal entity: Jim McCallum Publishing Limited
Email address: firstname.lastname@example.org
Postal address: 9 Inglewood Crescent, East Kilbride, Glasgow, G75 8QD
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us.
What data do we collect about you, for what purpose and on what grounds do we process it
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as
your name, title, billing address, delivery address, email address, phone number, contact details, or purchase details. We process this data to help supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this, please email us email@example.com. In case we need to use your details for an unrelated new purpose, we will let you know and explain the legal grounds for processing.
How we collect your personal data
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.
We will not share your personal data with any third party for their own marketing purposes.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by emailing us at firstname.lastname@example.org any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
Disclosures of your personal data
We may have to share your personal data with the parties set out below:
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers
- Government bodies that require us to report processing activities.
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
- We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
- Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission, which give personal data the same protection it has in Europe; or
- If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances, we may anonymise your personal data for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your Legal Rights
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at email@example.com
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
Third Party Links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
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A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
Cookies are used by all websites
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Cookies are either:
– Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
– Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.
Cookies can also be categorised as
– Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and/or service, and therefore cannot be turned off. Without these cookies, some of the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
– Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
– Functionality cookies: These cookies allow our website to remember the choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
- This site has the Cookie Law Info plugin which means you will get a pop-up about cookies, as per the 2012 EU Cookie law.
- If you have any questions or concerns, please email: firstname.lastname@example.org
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