The Actionistas – TERMS AND CONDITIONS OF BUSINESS
Unless we agree something different with you in writing, these Terms of Business together with the policies on our website www.theactionistas.com (which we regularly update) apply when you accept them by placing an order or requesting a free trial. Your Order Confirmation (the email we send you when we accept your order), these Terms and the policies on our website create a legal Agreement between us.
1 ABOUT OUR AGREEMENT
(1) We are Sue Edwards Consulting Ltd, whose Registered Office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, a company registered in England and Wales, Registration number 13069128 and we operate our website www.theactionistas.com and our email address is at firstname.lastname@example.org
(2) You are the organisation or person who is accessing or buying from us and we will contact you using the last contact details you give us on registration or purchase, unless you email us at email@example.com
(3) You will either be accessing or buying on one or more product, as detailed on our Website and confirmed in your Order Confirmation.
(4) Access to our Programmes, Memberships, Workbooks, Checklists , plans and other Products (Products) require you to access the internet and, dependent on the Product you buy (confirmed on our website product details), register and join us using other platforms.
(5) The contents of our Products are not intended to be personal to you and, as applicable your business, and we encourage you to take any one-to-one or specialist advice and guidance that you feel is appropriate for you and your business.
(6) Since your commitment and participation is your responsibility, we do not guarantee success or results.
(7) Offers – Any offers we may make available (such as early bird, discount vouchers, codes, special offers, promotions or free trials) are not retrospective, not transferable, cannot be exchanged for cash and are always subject to availability and the terms and conditions of that offer. You can only use one offer per order.
2 WHAT WE DO AND HOW IT WORKS
(1) You must place orders via the website which contains a description of what is included in our Products, together with the price and payment terms.
(2) (a) You access our Products by following the instructions which we will give you once we have accepted your order and any agreed payment has been made. Not all Products, include group sessions.
(b) However, consumers have cancellation rights (see clause 4(4)) so you will only be able to access our Products during that cancellation period if you have specifically agreed to this.
(c) You should email firstname.lastname@example.org if you have any problems with access so that we can assist you.
(d) Some Products, such as courses and workbooks at your own pace do not include any one-to-one or group sessions. You work through our courses and workbooks at your own pace.
(3) Our Products may include group virtual sessions and the dates and times of sessions, including any rescheduling, will be available to you via the platform that Product uses. We may also choose to email you. Your attendance is your sole responsibility.
(ii) Group Virtual Sessions are conducted using video, web conferencing or using a platform (such as Zoom) or other similar technology. Where you agree to group virtual sessions then you also agree to the terms and conditions and policies which are relevant to the applicable platform(s) or technology used.
(iii) We will ask for your permission (consent) before we record any Session you take part in.
(4) Whilst we will always try to ensure that you can access our Products, due to the nature of the internet, we are not responsible if you can’t access the internet, nor responsible for any defect or other consequences as a result of internet access availability.
(5) It is your responsibility to make sure you that your account details (and log-in) are kept secure. If you are aware of, or suspect that there is a problem (such as someone else accessing it) you must email us at email@example.com immediately.
(6) Your access and use of our Products is subject to reasonable use, and in accordance with the description on the website and the licence in clause 2(8) following.
(7) Minimum term – The Order Confirmation may contain a minimum or fixed term which is the minimum time for which we will provide you with the Services.
(8) Licence – (a) Subject to Third Party rights (for example Third Parties own the Platforms we use), we own all the contents and any rights (such as copyright and other intellectual property rights). Provided that you’ve paid any agreed payment, you get a non-exclusive licence (right) to use it for yourself and your own business only, for as long as as detailed in the Website description for each Product. Where this is not included on the Website description, for as long as the any Course or Workbook is available on the website. You can’t share it with any other person or organisation or allow them to to access or use all or any part of it, nor can you copy, modify or publish it (such as on social media) in any way.
(b) By becoming a member of and participating in a private or closed Facebook group you agree that
(ii) access to Facebook groups is reliant on Facebook’s availability
(iii) you understand that your profile is likely to be on our member’s list which is publicly available via Facebook and other members in the group and will regularly review and update your settings to protect your own privacy.
(b) As relevant, we both agree that we will each process any personal data obtained from or as a result of our Products in accordance with the current Data Protection legislation in England and Wales as well as complying with any obligations that relate to your particular business.
(c) You also specifically confirm agree that you will keep any information (including, but not limited to personal data) that is shared with you whilst you use our Products, for example a Programme or Membership Group, (including that of other participant and members) confidential to that Product and will not share it without the relevant permission.
(1) Details of how to pay for our Products, which are as shown on the website and your Order Confirmation are inclusive of any applicable VAT. Subject to any consumer rights, deposits are non-refundable.
(2) You will have to pay extra if you ask for any additional support, services or products which are which is not part of the Products. We will agree a price and payment terms with you before giving any products and/or services.
(3) You must pay in GBP using the methods shown on the website.
(4) Instalment Payment Option – sometimes we offer an Instalment Payment Option so you can spread the cost. This is not a credit agreement regulated by the Financial Conduct Authority so:
(a) You can only have an Instalment Payment Option for a fixed amount of money and to buy specific products from us and
(b) You must pay in 12 or less instalments over a 12-month period and
(c) We do not charge any interest or charges for instalment payments, other than default charges you incur, such as if your payment is late.
(5) Prompt Payment Discount sometimes we offer a Prompt Payment Discount so you pay less (get a discount) if you pay quickly and if this is available, we will tell you
(a) What discount is (usually a % off)
(b) The date and time you have to pay by so you can take advantage of the discount
(c) that you can only recover the amount of VAT that you pay.
(6) Payment Problems – If there’s a problem with payment, such paying late, we reserve the right to
(a) immediately, and without liability, either stop or suspend your access to our Products until we receive full cleared payment. You will not have any right (to use etc) until as we have received full cleared payment for all money outstanding to us.
(b) charge interest at the rate of 15% per annum from the date that your payment is due until we get full cleared payment of the outstanding amount, together with any statutory late payment penalty available. We may also recover reasonable costs including, but not limited to, legal costs and expenses incurred in obtaining payment.
4 ENDING OUR AGREEMENT – INCLUDING CONSUMER RIGHTS
(1) Unless either of us ends our agreement early in accordance with this clause, it will end once the Product is delivered (available) to you.
(2) Complaints (a) You should write to us by email to firstname.lastname@example.org or post using the address in clause 1(1) about any complaints, giving us as much detail as you can and allow us up to 30 days without withholding any payment to us so that we can work together to resolve it.
(3) Otherwise, if either of us commit a material breach (fails in any important obligation and either:
(a) it can’t be remedied; or,
(b) it can be remedied but it hasn’t been within 30 days of written notice of the failure by the other party, then the party who hasn’t failed in any of their obligations can immediately end the agreement by giving written notice to the other.
(4) Consumer Cancellations – Consumers (defined in s2(3) of the Consumer Rights Act 2015 as individuals acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession) who buy at a distance (such as by email or phone or from a website) have the right to change their mind and cancel some orders, (including digital content in our portal). If this law applies, then you usually have 14 days from the date after you place your order to cancel the order. However, once you agree to access our Products (Digital Content) you lose any consumer cancellation rights that may have been available to you.
(5) Other termination – Other than as detailed in clauses (4)(3) and 4(4), either of us can give 30 days’ written notice to the other to end our agreement. If you end our agreement, then unless we have agreed otherwise, or Consumer rights apply:
(a) If you have made any payment for a deposit or pre-paid fees or services then this is non-refundable.
(b) You must immediately pay for any fees which have not already been fully paid for. This includes paying for the whole of or any minimum period of the Product which we have agreed.
(6) Our agreement will also automatically end if either of us, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, or ceases to carry on its business or substantially the whole of its business, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
(1) LIMITATION OF LIABILITY – In so far as the law allows, we will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or anyone else, however it was caused. If, we are found liable in any way then your claim would be limited to damages which will not exceed the amount you paid for the Products to which your complaint relates.
(2) Assignment – You specifically agree that you cannot transfer, sell or share any rights provided by our Agreement in any way and nobody else can benefit but you without our express written consent.
(3) Third party rights – Nothing in our Agreement is intended to give any benefit to any third party, including any right to enforce any Agreement with us.
(4) Nothing in our Agreement creates a partnership, joint venture or agency relationship between us.
(5) Notices must be sent to the email and/or postal addresses provided in the Order Confirmation unless we write to with a change, or you email us, or you email us to email@example.com. Notices are deemed to be received when sent by
(a) email – on the working day on which they were sent, provided the sender has a valid successful delivery receipt.
(b) post using any tracked service – on the date that the relevant postal service obtains a record of receipt from or on behalf of the addressee.
(6) Force Majeure – Neither of us will be liable for any delay or failure to perform any obligations if the delay or failure results from events or circumstances outside our reasonable control, including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, communication failure, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we are entitled to a reasonable extension of time to fulfil our obligations.
(7) Waiver – Nothing in our Agreement and no express or implied waiver (giving up of any right) will stop us from enforcing any of our rights in the future.
(8) Invalidity – Each clause or any part at all of our Agreement is to be regarded as independent of the others. This means that if any clause or any part at all of our Agreement is be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of our Agreement.
(9) Governing Law and Jurisdiction – Our Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
These Terms were last updated on the 2nd of June 2021.