TERMS & CONDITIONS
Â
These are the terms and conditions on which we supply our Products to you, whether those Products are Services, Materials or any other form of digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms should be read in conjunction with our
privacy and cookies policy
and our Website User and Acceptable Use Policy
Â
PLEASE NOTE: as some of the items you are purchasing (i) are deemed digital content and are made available to you immediately for downloading upon receipt of payment; and/or (ii) services may take place within the legal cooling off period, you may lose any right you have to cancel the contract â please see clause 8.3.
Â
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
Â
Definitions and interpretation. In these terms, unless the context otherwise requires, the following expressions have the following meanings:
âConsumerâ means a person ordering our Products who is not acting in the course of a business, trade or profession;
âOrderâ means your ordering of our Products;
âMaterialsâ means any documents, plans, workbooks, digital content or other information produced by us;
âProductsâ means our Services or Materials that we supply as the context permits;
âServicesâ means all services or Materials that we may offer on our Website;
âWebsiteâ means www.melissasmithstrategy.comÂ
âWritingâ includes emails. When we use the words âwritingâ or âwrittenâ in these terms, this includes emails.
Â
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 www.melissasmithstrategy.com  is a website owned and operated by Melissa Davin-Smith.
2.2 You can contact us by writing to us at Melissa Davin-Smith, 63 Worcester Lane, Four Oaks, Birmingham B75 5NB, England or emailing us at [email protected]
.2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
Â
OUR CONTRACT WITH YOU
3.1 To purchase any Product from us, you will need to submit an order form on the Website and make payment in full, or in part if you are choosing our flexible payment plan (see Clause 14.4 ).
3.2. Any Order you submit will be subject to acceptance by us and a legally binding agreement will not come into existence until we have informed you that your Order has been accepted.
3.3 If we are unable to accept your Order, we will inform you of this and will not charge you. This might be because of a lack of resources, the Product is no longer available, has changed in some way or because we have identified an error in the price or description of the Product.
3.4 If you are purchasing our Products from outside of the UK, we make no warranties that our Materials will be available in the country in which it has been purchased or that the Products ordered will be relevant to your country of residence.
Â
OUR PRODUCTS
4.1 We expect you to take reasonable care to verify that any Products you Order are suitable for you and will meet your needs. We do not make any commitment to you that you will obtain any particular result from our Products. The results that you wish to achieve as a result of our Products are dependent upon your actions and you understand that you are wholly responsible for creating your own results.
4.2 The title and description of the Product, our Service duration and content will be as set out on the Website.
4.3 Once we have confirmed your Order, we will provide you details on how to access to the Products you have purchased.
4.4 You must not allow any third party to use your account information and/or computing equipment to access the Products purchased by you.
4.5 We grant to you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Products for personal, non-commercial purposes. The licence granted to you does not give you any rights in our Products (including any material that We may licence from third parties).
4.6 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Products (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 âActs Permitted in relation to Copyright Worksâ).
Â
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, please see Clause 8 â (Your rights to end the contract).
Â
OUR RIGHT TO MAKE CHANGES
6.1 Minor changes to the Products. We may change or suspend the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product; and
(c) to make slight changes to start/end times of our Services or when new Materials are to become available, where applicable;
(d) to use third parties to provide the Products.
6.2 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
6.3 More significant changes to the Products and these terms. In addition, we may make significant changes to the Products or these terms but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
6.4 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6.5 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see Clause 12.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. As well as suspending the Products we can also charge you interest on your overdue payments.
Â
DELAYS OUTSIDE OF OUR CONTROL
7.1 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
7.2 You acknowledge and accept that we cannot be held responsible for any technical problems you encounter following the purchase of our Products or for any delay or disruptions to your access of our Products as a result of such suspension or any of the following:
the operation of the internet and the World Wide Web, including but not limited to viruses;
any firewall restrictions that have been placed on your network or the computer you are using to access the Products;
failures of telecommunications links and equipment; or updated browser issues.
Â
YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights to end the contract will depend on what you have ordered and whether you are a business or a Consumer:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to request a service to be re-performed), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If, as a Consumer, you have just changed your mind about the Product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) if you are not totally satisfied with the Materials or Services that we have provided, then you may request a refund subject to your complying with our action based refund policy â See Clause 8.4.
8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 6.2 and 6.3);
(b) we have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month.
8.3 Changing your mind about the Products if you are a Consumer.
8.3.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (âConsumer Contracts Regulationsâ) as a Consumer you may cancel your Order within a period of 14 days (âCancellation Periodâ) starting from the day after which we confirm your Order subject to clauses 8.3.2 to 8.3.6 below.
8.3.2 After the Cancellation Period has expired you will not be entitled to any refund.
8.3.3 Your right to cancel and obtain any refund will be lost if you have given us express consent to supply any Services during the Cancellation Period.
8.3.4 If the Service is to start within the Cancellation Period your right to cancel will be lost if you request us to deliver a Service within the 14-day Cancellation period.
8.3.5 For the avoidance of doubt, by accessing our Services and Materials within 14 days of after we have accepted your Order, you accept this amounts to your specific consent for us to provide that Service within the Cancellation Period, and you agree that you understand that, once the Service has commenced, you will not be entitled to a refund.
8.3.6 You have a legal right to change your mind within 14 days and receive a refund if you have purchased digital content but the Cancellation Period does not apply after you have started to download the digital content. You have 14 days after the day we email you to confirm we accept your Order, or, if earlier, until you start downloading. If we delivered the digital content to you immediately you will not have a right to change your mind.
8.4 Our action based refund policy:
8.4.1 If you are not totally satisfied with the Services you have ordered, provided that you can demonstrate suitable evidence that (i) you have at least completed 1 module within your Services package and completed (and sent to us as evidence) the Materials supplied with that module, we may, at our absolute discretion, offer a full or partial refund.
8.4.2 We will not provide any refund under this Clause 8.4 if (i) you cannot provide the evidence requested as stated in Clause 8.4.1; or (ii) you have accessed more than 1 module; or (ii) at any time after the expiry of 30 days after our Services were made available to you.
Â
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Email us at [email protected]Â
Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought and your name and address.
9.2 Any refunds due to you will be made using the same payment method you used to pay us, within 14 days of your telling us that you have changed your mind. We will make deductions from any refund as set out in these terms.
Â
OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you:
(a) if you breach any of these terms and conditions; or
(b) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 10 working days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided. Where you have purchased Services, this will be calculated pro-rata for the Services you have already received at the time the Service was withdrawn.
Â
IF THERE IS A PROBLEM
11.1 How to tell us about problems. If you have any questions or complaints about the Product, please email us at [email protected]Â
.
11.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. This means that (i) if your product is Materials or digital content, it must be as described, fit for purpose and of satisfactory quality; and (ii) if your Product is services, it must be carried out with reasonable care and skill. Nothing in these terms will affect your legal rights.
Â
PRICE AND PAYMENT
12.1 The price of the Product will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of Products advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the Product you Order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Productâs correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Products correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may still end the contract, refund you any sums you have paid and have no further legal obligation to you.
12.3 When you must pay and how you must pay:
12.3.1 All Materials must be paid for at the time of submitting your Order.
12.3.2 If you are ordering Services you will be given the option during the check-out process to:
pay the full price; or pay by way of monthly instalments. The ordering process will set out the number of installments that can be applied to your purchase, the amount of the first and subsequent installments. The first installment must be made at the time you submit your Order. The remaining installments will be automatically deducted from your payment method on a monthly basis (i.e. if you submit an Order on 1st of the month, we will then automatically deduct each monthly installment on the 1st day of each subsequent month until the price has been paid in full. We will send you an invoice at least 7 days prior to taking any installment.
12.4 If you chose to pay for Services under 12.3.(b) and cancel the contract where you have no right to do so under these terms, you will still be liable to pay any outstanding payments due to us.
12.5 Methods of payment are as stated on the Website.
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.9 We reserve the right to change our prices without notification to you. Any changes in price will not affect any Order that you have already submitted and that we have accepted.
12.8 Value Added Tax (VAT). The prices shown on our Website do not include any element of VAT. If We become VAT registered we will give you at least 28 daysâ notice of such registration and thereafter VAT will become automatically payable at the prevailing rate on any payments due to us, including, where applicable, payments due under our flexible payment options.
Â
DISCLAIMER
13.1 All information, Materials, Services and any other materials on our Website are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on our Website.
13.2 By accessing our Products you accept personal responsibility for the results of your actions and we have no responsibility for any damage you suffer as a result of your use or non-use of our Products.
13.3 Although our Products are intended to help you succeed in business, any success or failure will be the results of your own efforts and we make no guarantees that our Products will have any specific results.
Â
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
14.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 We are not liable for business losses. We only supply the products to individuals for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Â
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
15.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
15.2 Except to the extent expressly stated in Clause 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3 Subject to Clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the sum paid by you for the Product.
Â
HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide to us as more particularly set out in our privacy policy
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
Â
OTHER IMPORTANT TERMS
17.1 Special offers and discounts. Any special offers or discounts on the Website can be withdrawn at any time, without notice and must be used as stated on the Website.
17.2 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
17.3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.7 Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider however, as we are not members of an ADR, we shall, at our sole discretion, have the right as to whether to accept or reject your nominated ADR. In addition, please note that, as long as the UK is part of the European Economic Area, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Â
LAW AND JURISDICTION
18.1 These terms and conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
18.2 Any disputes concerning these terms and conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Â
CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To:
Melissa Davin-Smith
63 Worcester Lane
Four Oaks
Birmingham B75 5NB
England
Email: [email protected]
I hereby give notice that I/We [*] wish to cancel my/our [*] contract for the supply of the following product/service [*]:
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as applicable
