Standard Terms and Conditions For Supply of Goods and Services of Essential Woman Ltd.
In this document the following words shall have the following meanings:
1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document.
1.2 “Customer” means the organisation or person who purchases goods and services from Essential Woman Ltd.
1.3 “Delegate” means the organisation or person who purchases goods and services from Essential Woman Ltd.
1.4 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable.
1.5 “Specification Document” means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier.
1.6 “Supplier” means Essential Woman Ltd. Company number: 03674743
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by Essential Woman Ltd to the customer.
2.2 Should you wish to make a complaint about any of the products and services from Essential Woman Ltd, please send this to:
Complaints Manager, Essential Woman Ltd, 43 Oakdene Road, Sevenoaks, Kent, TN13 3HJ. 07990 560671
You can also contact us via email at email@example.com.
3. Price, Payment and Refunds
3.1 We are not liable to refund fee differences that may arise due to delegates booking at different times, discounts, etc.
3.2 Invoiced amounts shall be due and payable within 30 days of receipt of invoice. Essential Woman Ltd is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the base rate of the Bank of England.
3.3 Should a purchase order be required for payment of the invoice, it is the customer’s responsibility to ensure Essential Woman Ltd have the full details and agreed purchase order before products or services are supplied.
3.4 In the event that a booking is cancelled, and administration charge will be incurred. This will be the equivalent to 40% of the cost of the course.
3.5 Attendance for the programme will only be secured when full payment has been received or you have accepted our payment plan.
3.6 All payment plans must be agreed with Essential Woman Ltd.
3.7 Full payment for all programmes must be received prior to programmes commencement unless a payment plan has been arranged and agreed and set up with Essential Woman Ltd.
3.8 All programme fees are fully refundable if after completion of all parts of the programme the customer feels has not benefitted from the programme. Requests must be made in writing within 30 days, with full explanations to Essential Woman, 2nd Floor, 109 Uxbridge Road, London W5 5TL, UK within 7 days of completion 30 days of receipt of or participation in the programme.
Transfers are permitted however they must be agreed with Essential Woman Ltd prior to the start of the programme.
4.1 For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of Essential Woman Ltd and no representation written or oral, correspondence or statement shall form part of the contract.
4.2 No unauthorised use of the Essential Woman logo is permitted at anytime.
4.3 All Essential Woman Ltd workshops and programmes are recorded via audio.
5. Delivery and Programme Information
5.1 The times of delivery specified by Essential Woman Ltd is an estimate only. Time for delivery shall not be the essence of the contract and Essential Woman Ltd shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the programme.
5.2 All Essential Woman Ltd workshops and programmes are recorded via audio and occasionally video. Essential Woman Ltd reserves the right to use this material for marketing or sale without seeking the delegates’ permission.
5.3 If you have any reason not to be happy with any part of an Essential Woman Ltd programme, please email firstname.lastname@example.org.
5.4 It maybe necessary for reasons beyond the control of Essential Woman Ltd to change the venue, dates and/or trainers.
5.5 All programmes are as advertised via the Essential Woman website plus additional marketing materials: we do reserve the right to upgrade the programme venue, use more appropriate trainers and amend the programme in any way to enhance your learning.
5.6 Should Essential Woman Ltd change the programme venue, you will receive written confirmation with sufficient notice.
5.7 Essential Woman Ltd is not liable for any additional travel and accommodation costs the delegate may incur should the programme dates or venue be altered.
6. Customer’s Obligations
6.1 To enable Essential Woman Ltd to perform its obligations under this Agreement the customer shall:
6.2 co-operate with Essential Woman Ltd
6.3 provide Essential Woman Ltd with any information reasonably required by Essential Woman Ltd.
6.4 In the event that the Customer or any third party, not being a sub-contractor of Essential Woman Ltd shall omit or commit anything which prevents or delays Essential Woman Ltd from undertaking or complying with any of its obligations under this Agreement, then Essential Woman shall notify the Customer as soon as possible and:
6.5 Essential Woman Ltd shall have no liability in respect of any delay to the completion of any project.
6.6 If applicable, the timetable for the programme will be modified accordingly.
6.7 Essential Woman Ltd shall notify the Customer at the same time if it intends to make any claim for additional costs.
7. Alterations to the Specification Document
7.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of the programmes to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8. Limitation of Liability
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Essential Woman Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
8.2 In no event shall Essential Woman Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
8.3 Nothing in these Terms and Conditions shall exclude or limit Essential Woman Ltd’s liability for death or personal injury resulting from Essential Woman Ltd’s negligence or that of its employees, agents or subcontractors.
9. Intellectual Property RIghts
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Essential Woman Ltd, and the Customer shall do all that is reasonable necessary to ensure that such rights vest in Essential Woman Ltd by the execution of appropriate instruments or the making of agreements with third parties.
10. Independent Contractors
Essential Woman Ltd and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. ITS may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve Essential Woman Ltd of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Essential Woman Ltd.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party ot the other may be served by email, fax, Personal service or by post to the address of the other party given in the Specification Document of such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally, or if sent by post shall be deemed to have been delivered in the ordinary course of post.
14. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
15. No Third Parties
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
17. Content and Copyright Notice
All media (downloaded or samples) software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively “Content”) including but limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Essential Woman Ltd, and is protected by copyright laws and various other intellectual property rights laws. Except as expressly provided in the Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed altered to make new works, performed, digitized, complied, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, with t Essential Woman Ltd’s express written consent. Essential Woman Ltd expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
18. Registration, Customer Accounts, Use of Site
Certain services offered on or through the Site may require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify Essential Woman Ltd of any unautorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Essential Woman Ltd or any other user of the site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain un-authorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the sales process. You may update any of your account information by logging in and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Essential Woman Ltd may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: 1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so. 2) overcoming software security features limiting use of or protecting any Content. 3) discontinuance or material modification of the Site or any service offered on or through the Site, 4) violations of these Terms and Conditions 5) failure to pay for purchases 6) suspected or actual copyright infringement, 7) unexpected operational difficulties, or 8 ) requests by law enforcement or other government agencies.You agree that Essential Woman Ltd will not be liable to you or to any third party for termination of your access to the Site.
19. Consent to Collection, Use & Disclosure of Your Personal Information
While Essential Woman Ltd takes reasonable steps to safeguard and to prevent un-authorized access to your personal information, we cannot be responsible for the acts of those who gain un-authorised access, and we make no warranty, express, implied, or otherwise, that we will prevent un-authorized access to your private information. In no event shall Essential Woman Ltd be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether net exposure, inc was given actual or constructive notice that damages were possible.
20. Consent To Our Communication With You By Email
By subscribing to the Early Bird list, and each time you make a purchase through our Site, you grant permission for Essential Woman Ltd to contact you at your email address. To stop receiving our marketing emails you can unsubscribe at any time as shown on all marketing emails.