TERMS OF SALE FOR PURCHASES OF SERVICES AND DIGITAL CONTENT
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Foll&Co Limited. We are registered in England and Wales under company number 10385262 and have our registered office at Launchpad Charringtons House, The Causeway, Bishop’s Stortford, Hertfordshire, CM23 2EN in the United Kingdom. We are trading as Being Freelance.
How to contact us. To contact us, please email us at [email protected] or via the Contact page on our site.
What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content (“products”).
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these Terms and on the sales page on our website for the product you are purchasing.
The key information we give you by law forms part of this contract as though it is set out in full here. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
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. If you think that there is a mistake in these Terms, please contact us to discuss.
When buying any products from us, you also agree to be legally bound by:
All of the above documents form part of this contract as though set out in full here.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. 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 based on any statement in this agreement.
OUR TERMS AND TEACHABLE’S TERMS
- purchase, price and payment conditions;
- refund policy; and
- access to the platform,
as well as other matters relating to your purchase of and access to the products. You should ensure you have read those Terms and agree to everything in them before purchasing the products.
OUR RIGHTS IN RELATION TO THE PRODUCTS
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
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.
Our intellectual property rights in relation to the products. We are the owners or licensees of all intellectual property rights in the website, and the products you purchase, including any databases that hold relevant information about the website or its products. These rights are protected by copyright or trade mark registration and you may only use the products, or any part of them, in accordance with these terms.
Upon payment of the price for any of our products we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the products for your own personal, non-commercial use.
You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any products, or part of the products, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to terminate your access to the products and take further legal action if such a breach occurs.
PROVIDING THE PRODUCTS
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.
If the products are ongoing services or a subscription to receive services or digital content. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in below or we end the contract by written notice to you as also described below.
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.
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;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you.
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. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended.
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 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
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 seven (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.
YOUR RIGHTS TO END THE CONTRACT
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:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 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 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
HOW TO END THE CONTRACT WITH US
Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected]
You may use the model cancellation form below, but you are not required to:
To Steve Folland
Foll&Co Limited trading as Being Freelance
Launchpad Charringtons House
I hereby give notice that I cancel my contract of sale of the following digital products / the supply of the following service [customer to insert description of purchase], ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
OUR RIGHTS TO END THE CONTRACT
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:
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
- 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.
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 one (1) month 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.
IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us via email at [email protected]
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
If you are a consumer 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 products. 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
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you’re entitled to a repair or a replacement.
- 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 you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
YOUR RESPONSIBILITIES IN RELATION TO THE PRODUCTS
You have certain responsibilities in relation to the products you purchase from us. You agree that you are purchasing our products for your private, non-commercial use only.
You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any products, or part of the products, that you purchase through this website or from us unless agreed with us in writing.
You are responsible for ensuring that you do not lose, destroy, or damage any product you purchase through this website.
You are responsible for ensuring that any hardware you use to download and/or access the products functions correctly with this website or any alternative platform on which we make the products available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
The content in the products is provided for informational and educational purposes only. Whilst all information and content are provided in good faith, we do not warrant or guarantee the accuracy or completeness of any information or content in the products.
The information and content in the products are not to be substituted for processional advice regarding your legal or financial obligations in the state or country you live in. Any information about legal or regulatory mechanisms are based on the current situation for freelancers and contractors in the United Kingdom at the time of recording. You are at all times wholly and solely responsible for ensuring you comply with any local or national laws regarding self-employment and contracting.
Whilst we have utilised in creating the products, and we will at all times in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the products as any such outcome will vary based on the level of effort, engagement and implementation on your part. You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the products.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
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.
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; or for breach of your legal rights in relation to the products.
We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out below.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- 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; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in these terms, 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.
Subject to the clauses above,
- 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
- 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 total sums paid by you for products under this contract.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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.
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.
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.