Terms and Conditions
TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which I supply products to you, whether these are services or digital content, as part of The Extraordinaries Club.
1.2 Why you should read them. Please read these terms carefully before you submit your order to me. These terms tell you who I am, how I will provide services to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact me to discuss.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1 Who I am. I am Lucy Parsons trading as Life More Extraordinary, a sole trader established in England and Wales. My address is 2 Northampton Road, Welford, Northampton, NN6 6HP.
2.2 How to contact me. You can contact me by telephone on 077890558744 or by writing to me at the address above or by email at firstname.lastname@example.org.
2.3 How I may contact you. If I have to contact you I will do so by telephone or by writing to you at the email address or postal address you provided to me in your order.
2.4 ‘Writing’ includes emails. When I use the words ‘writing’ or ‘written’ in these terms, this includes emails.
3. MY CONTRACT WITH YOU
3.1 How I will accept your order. My acceptance of your order will take place when I email you to confirm it, at which point a contract will come into existence between you and me.
3.2 If I cannot accept your order. If I am unable to accept your order, I will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on my resources which I could not reasonably plan for or because I have identified an error in the price or description of the services.
3.3 Access to my services. Once your order is accepted you will be granted access to the website and the services. You can then create up to four profiles at no extra costs. Those profiles will then have access to the website and the services.
4. MY SERVICES
4.1 My services. I teach study skills and revision techniques to students to help them achieve top grades. My services and digital content includes:
a) Online pre-recorded training modules and webinars, which can be accessed at any time;
b) Live group coaching calls with students and parents;
c) A library of documents to support students;
d) Live interactive masterclass webinars, which can be booked in advance;
e) Access to a forum for ongoing questions and support with other parents and students.
4.2 My guarantee. I will ensure that I provide students with the tools they need to revise and study for exams. However, I can make no guarantee as to whether any particular grade or result will be achieved once the materials have been completed.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services you have ordered please contact me. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the services, 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 I cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 Your rights to end the contract).
6. MY RIGHTS TO MAKE CHANGES
6.1 Minor changes to the services. I may change the services:
a) to reflect changes in relevant laws; and
b) to implement minor technical adjustments and improvements, for example to address a security threat or update content. These changes may affect your use of the services for a temporary period, which I will try to keep to a minimum and which you will be notified of in advance.
6.2 More significant changes to the products and these terms. In addition, I may make the following changes to these terms or the services, but if I do so I will notify you and you may then contact me to end the contract before the changes take effect and receive a refund for any services paid for but not received:
a) Updates to the online modules and webinars;
b) Changes to the content of the masterclasses or when they will be available;
c) Updates to the document library to add, remove or update content;
d) Changes to the group coaching sessions on offer.
6.3 Any changes made to digital content will always be in line with the overall description provided to you prior to purchasing the services.
7. PROVIDING THE SERVICES
7.1 When I will provide the services. I will supply the services and digital content to you until you cancel the subscription in line with Clause 12 or you end the contract as described in Clause 8 or I end the contract by written notice to you as described in Clause 10.
7.2 I am not responsible for delays outside my control. If my supply of the services is delayed by an event outside my control then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any services you have paid for but not received.
7.3 Reasons I may suspend the supply of products to you. I may have to suspend the supply of services to:
a) deal with technical problems or make minor technical changes;
b) update the services to reflect changes in relevant laws and regulatory requirements;
c) make changes to the services as requested by you or notified by me to you (see Clause 6).
7.4 Your rights if I suspend the supply of products. I will contact you in advance to tell you I will be suspending supply of the services, unless the problem is urgent or an emergency. If I have to suspend the services for longer than 5 days in any 30 day period I will adjust the price so that you do not pay for products while they are suspended. You may contact me to end the contract for services if I suspend it, or tell you I am going to suspend it, in each case for a period of more than 7 days and I will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
7.6 I may also suspend supply of the services if you do not pay. If you do not pay me for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 3 days of me reminding you that payment is due, I may suspend supply of the services until you have paid me the outstanding amounts. I will contact you to tell you I am suspending supply of the products. I will not suspend the products where you dispute the unpaid amounts (see Clause 12.6). As well as suspending the products I can also charge you interest on your overdue payments (see Clause 12.5). If payment is not made within 3 days of me reminding you I will cancel the services and send an invoice for any sums outstanding.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with me. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how I am 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 a service re-performed or to get some or all of your money back), see Clause 11;
b) If you want to end the contract because of something I have done or have told you I am going to do, see Clause 8.2;
c) If 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) In all other cases (if I am not at fault and there is no right to change your mind), see Clause 8.6.
8.2 Ending the contract because of something I 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 I will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
a) I have told you about an upcoming change to the services or these terms which you do not agree to (see Clause 6.2);
b) I have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
c) there is a risk that supply of the services may be significantly delayed because of events outside my control;
d) I have suspended supply of the products for technical reasons, or notify you I am going to suspend them for technical reasons, in each case for a period of more than 7 days; or
e) you have a legal right to end the contract because of something I have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online 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.
8.4 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 these; and
b) services, once these have been completed, even if the cancellation period is still running.
8.5 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) Services. You have 14 days after the day I email you to confirm I accept your order. However, once I have completed the services you cannot change your mind, even if the period is still running. If you cancel after I have started the services, you must pay me for the services provided up until the time you tell me that you have changed your mind.
b) Digital content. You have 14 days after the day I email you to confirm I accept your order, or, if earlier, until you start downloading or streaming.
8.6 Ending the contract where I am not at fault and there is no right to change your mind. Even if I am not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay me compensation. A contract for digital content is completed when the product is downloaded or streamed and paid for. A contract for services is completed when I have finished providing the services and you have paid for them. You can always cancel your subscription in line with Clause 12. Where you are paying a monthly subscription if you terminate before the end of the month you will still be charged to the end of the month, regardless of when you terminate and the reason for termination. Where you are paying an annual subscription, you will still be charged to the end of the year, unless the reason for the termination is due to serious illness or injury of the nominated student meaning they are unable to benefit from the services. You must notify me immediately and provide medical evidence, at which point the contract will terminate immediately. If you terminate in these circumstances, I will refund any advance payment you have made for services which will not be provided to you minus a 5% administration fee.
9. HOW TO END THE CONTRACT WITH ME (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell me you want to end the contract. To end the contract with me, please let me know by post or email. Use the details provided above. Please provide your name, home address, details of the order and, where available, your phone number and email address. There is a model form at Schedule 1.
9.2 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind where the product is a service, I 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. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.3 When your refund will be made. I will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling me you have changed your mind.
10. MY RIGHTS TO END THE CONTRACT
10.1 I may end the contract if you break it. I may end the contract for services at any time by writing to you if:
a) you do not make any payment to me when it is due and you still do not make payment within 3 days of me reminding you that payment is due;
b) when using the forum you are abusive to other members or you make inappropriate comments or upload inappropriate content or act in any other way unreasonably; or
c) When participating in live masterclasses or group coaching you are disruptive, abusive, make inappropriate comments or act in any other way unreasonably, for example by not allowing other members to participate in the live sessions.
10.2 You must compensate me if you break the contract. If I end the contract in the situations set out in Clause 10.1 I will refund any money you have paid in advance for services I have not provided but I may deduct or charge you reasonable compensation for the net costs I will incur as a result of you breaking the contract.
11. IF THERE IS A PROBLEM WITH THE SERVICES
11.1 How to tell me about problems. If you have any questions or complaints about the services, please contact me using the details above. I will use my reasonable endeavours to try to resolve any issues you have in the first instance.
11.2 Summary of your legal rights. I am under a legal duty to supply services and digital content 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.
If your product is digital content, for example access to my online webinars and documents, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) 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.
c) If you can show the fault has damaged your device and I haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example my live webinar masterclasses or 1-2-1 coaching, the Consumer Rights Act 2015 says:
a) You can ask me to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if I can’t fix it.
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.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the services will be the price indicated on the order pages or notified to you before you placed your order. I will take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if I discover an error in the price of the services you order.
12.2 I am not VAT registered and so no VAT applies.
12.3 What happens if I got the price wrong. It is always possible that, despite my best efforts, some of the services I sell may be incorrectly priced. I will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than my stated price at your order date, I 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 I accept your order.
12.4 When you must pay and how you must pay. I use Stripe to take payments and payment can be made with credit or debit card. When you must pay depends on what services you are buying:
a) For monthly subscriptions you must pay at the time you place your order and then every month thereafter until you cancel your subscription. The monthly subscription will be automatically taken on the same date until you cancel, for example if you place an order on 14th September the next payment will be 14th October. See Clause 12.7 for how to cancel your subscription.
b) For annual subscriptions you must pay at the time you place your order and then every year thereafter until you cancel your subscription. The subscription will be automatically renewed the following year, for example if you placed the order on 26th September 2018 the next payment will be 26th September 2019. See Clause 12.7 for how to cancel your subscription.
This Clause does not affect your rights to terminate in accordance with Clause 8.
12.5 I can charge interest if you pay late. If you do not make any payment to us by the due date I may charge interest to you on the overdue amount at the rate of 1% a year above the base lending rate of 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 me interest together with any overdue amount.
12.6 What to do if you think an amount is wrong. If you think an amount is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved I will charge you interest on the correct amount from the original due date.
12.7 Cancellation of auto subscriptions. You can cancel your subscription at any time by logging into your account and cancelling your subscription. Please note you will still be charged for the remaining period of the subscription irrespective of when you cancel. I will email you 7 and 3 days before the auto renewal date to remind you that the payment will be made and provide information of how to cancel. If you do not cancel the payment will automatically be taken and it will be at my sole discretion as to whether any refunds will be issued thereafter. This does not affect your rights within Clause 8.
13. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am 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 I and you knew it might happen, for example, if you discussed it with me during the sales process.
13.2 I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of my employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.2; and for defective products under the Consumer Protection Act 1987
13.3 I am not liable for business losses. I only supply the services for domestic and private use. If you use the products for any commercial, business or re-sale purpose I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW I MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organisation. I will always tell you in writing if this happens and I will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact me to end the contract within 7 days of me telling you about it and I will refund you any payments you have made in advance for products not provided.
15.2 You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and me. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I 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 me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the services, I can still require you to make the payment at a later date.
15.6 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.
THE SCHEDULE 1
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date[*] Delete as appropriate