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1.1 What these conditions cover. These are the conditions on which we supply services to you (including coaching, courses, mentoring, digital content, physical products or otherwise).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide 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.
2.1 Who we are. We are Sheer Media Ltd T/A Engage Web, a company registered in England with number 06889568 Unit 19, Rossmore Business Village, Inward Way, Ellesmere Port CH65 3EY
2.2 How to contact us. You can contact us by contacting us by emailing academy@engageweb.co.uk (service-related) or accounts@engageweb.co.uk (finance-related)
3.1 How we will accept your order. Our acceptance of your order will take place on the day that you order and pay for it (or, pay a deposit), at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of limits on our resources (for instance we are out of spaces on a course or because we have identified an error in the price or description of the product).
4.1 Updates to digital content. We may update digital content from time to time, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5.1 When we will provide the products. During the order process we will let you know when we will provide the products to you. For ongoing coaching, courses, services or subscriptions, we will also tell you during the order process when and how you can end the contract. In the absence of anything to the contrary in the order process:
a) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
b) For purchases of “live” coaching in person or online we will provide that training on the dates set out either in advance or, in the case of mentoring, during the process
c) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or when you or we end the contract.
5.2 We are not responsible for delays outside our control. If our supply of the products is delayed or cancelled due to 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 or cancellation. Provided we do this we will not be liable for delays or cancelation costs caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for products you have paid for but not received.
5.3 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to deal with technical problems or make minor technical changes, to update the product to reflect changes in relevant laws and regulatory requirements or to make changes to the product as requested by you or notified by us to you.
5.4 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 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. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
6.1 If your product is a workshop/course, you can change your booking if you wish. Please contact us at least five working days before the date of the workshop/course if you wish to reschedule your booking.
6.2 We will do all that we reasonably can to accommodate any request to change a booking. However, this will not always be possible. For example, future workshops/courses may be fully booked, or we may not yet be taking bookings for future workshops.
6.3 We will let you know if a change is possible as soon as is reasonably practicable following receipt of your request to make a change. If the change is possible, we will confirm to you in writing any changes to the price of the workshop/course, the timing of supply or anything else that would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. We will charge you and you will pay an administration fee of £25 to each and any variation to a booking, and payment of the administration fee must be made in accordance with these Terms (see clause 11.7).
6.4 Unless we agree otherwise in writing, if you change the date of the workshop/course you wish to attend, that rescheduled workshop/course must take place within four months of the date of the original booking. After which, that booking shall expire and you shall not be entitled to a refund of any deposit or any other amount that you have paid for that workshop/course.
7.1 Ending your contract with us. Your rights when you end the contract will depend on whether you are a business or a consumer, what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;
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 6.2;
c) If you are buying as a consumer (rather than as a business) and have just changed your mind about the product, see clause 3. You may be able to get a refund if you are a consumer and are within the cooling-off period, but this will be subject to deductions in respect of content that you have already either downloaded or watched, along with an admin fee of £25. Please note that this right does not apply to all purchases – see clause 7.5. In particular, it will typically not apply to coaching that you receive on behalf of your business.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to;
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;
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 3 months ; or
e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or in person, where you are a consumer (rather than a business) you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Any other guarantee given by us. We may occasionally offer money-back guarantees that are more generous than your legal rights. Where this is the case that guarantee will not affect your legal rights in relation to faulty or misdescribed products.
7.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
a) digital products after you have started to download or stream them (this includes our courses); or
b) services, once these have been completed, even if the cancellation period is still running;
c) anything that you purchase from us in your capacity as a business, rather than a consumer.
7.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
a) Have you bought services (for example, have you taken advantage of our coaching services)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
b) Have you bought digital content for download or streaming (for example, an online course)? if so, you have up to 14 days after the day we email you to confirm we accept your order, provided that you have not started to download or stream the content from us. Note that where we deliver digital content to you immediately on your order, and you agreed to this when ordering, please note that you will not have a right to change your mind.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting Sheer Media Ltd T/A Engage Web, Unit 19, Rossmore Business Village, Inward Way, Ellesmere Port CH65 3EY. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning physical products after ending the contract. If you end the contract for any reason after any physical products have been dispatched to you or you have received them, you must return them to us. Please contact customer services (see details above) for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. We will pay the costs of return if the products are faulty or misdescribed or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.3 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods (where physical products have been delivered; and
b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind.
c) Where the product is a workshop/course, we may deduct from any refund an admin fee, as detailed in clause 7.1(c).
8.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a physical product to us, see clause 8.2.
b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a) 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;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your email address or other information that we might reasonably require;
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 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
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. a) If your product is digital content, for example an online course, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: b) If your digital content is faulty, you’re entitled to a replacement. c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If your product is services, for example mentoring or tickets to a live event, the Consumer Rights Act 2015 says: a) You can ask us to repeat a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t. b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time. |
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 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 product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s 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.
11.4 When you must pay and how you must pay. We accept payment by debit and credit card through various third party providers. When you must pay depends on what product you are buying:
a) For digital content, such as our course you must pay for the products before you download them.
b) For services, such as training, coaching and mentoring, you must make an advance payment before we start providing them. Depending on the terms agreed with you we may invoice you for the balance of the price of the services in separate instalments.
11.5 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.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.7 Additional payments following a change requested by you. If you have requested a change to your booking or order, any additional costs associated with that change must be paid by you to us at the point you confirm to us that you wish to proceed with the change. Failure to do so will result in your booking or order being cancelled.
12.1 We are responsible to you for foreseeable loss and damage caused by us. 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. Save as set out below our responsibility to you is limited to refunding any payments made by you for the products or services.
12.2 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 or services.
12.3 We are not liable for business losses. If you are a business or 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. In this case our total aggregate liability howsoever arising, including for negligence (save as set out in 12.2) shall be limited to the amount paid by you for the products or services.
14.1 We may transfer this agreement to someone else. 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.
14.2 You need our consent to transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person (unless we agree in writing) and must not share any digital content or other materials with anyone else.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms and we reserve all intellectual property rights in all digital content and other material that you receive.
14.4 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.
14.5 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.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Engage Web is a registered trademark of Sheer Media Ltd.
All uses of this trademark is strictly prohibited without the written permission of Sheer Media Ltd
Registered In England and Wales, registered company number: 6889568
VAT Number: 972 0942 09
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