TERMS AND CONDITIONS
24th August 2018 V.1.1
1. ABOUT THIS DOCUMENT
1.2 Why you should read this. Please read these terms carefully before you use our website or submit your order to us. These terms tell you who we are, how we will provide digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 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 digital content from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in RED and those specific to businesses only are in BLUE.
1.4 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 or negligent misstatement based on any statement in this agreement.
1.5 Changes to these terms and conditions. We may update these terms and conditions from time to time. Any changes to these terms and conditions will always be displayed on our website and your continued use of the website constitutes your acceptance and agreement to these changes. You should check our website from time to time to take notice of any changes we may make.
1.6 Access through your internet connection. You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions and that they comply with them.
2. WHO WE ARE
2.1 Who we are. We are Griffin House Consultancy Limited, a company registered in England and Wales. Our company registration number is 09028231 and our registered office is at 4 Henley Way, Lincoln, LN6 3QR. Our registered VAT number is GB 188 6306 70.
2.2 Our contact details. You can contact us by telephoning our office on +44 (0)1673 885533 or by writing to us at firstname.lastname@example.org or at Griffin House, Wickenby, LINCOLN, LN3 5AB.
2.3 How we may contact you. 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. ACCESS TO OUR WEBSITE
3.1 Content updates. We will always make reasonable efforts to keep the content updated on our website. In particular, we will make reasonable efforts to ensure our content is updated in light of legislative changes in the data protection regime and the guidance issued by the Information Commissioner’s Office.
3.2 No guarantee. However, we make no representations, warranties or guarantees that the content on our website is entirely accurate, complete or up-to-date or that our website, or any content on it, will always be available or be uninterrupted. For instance, if we have technical issues, this may result in access being temporarily unavailable
3.3 Your access to our website. Access to our website is permitted on a temporary, licensed basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice.
3.4 Linking to our website. You are permitted to link to our website, provided that you:
(a) ensure that where you do link to our website, such linking is fair, reasonable and does not cause any form of detriment to Griffin House, including, but not limited to, reputational damage and goodwill;
(b) must not suggest any form of agency, endorsement or association between us and you without our express permission; and
(c) if applicable, use the unique website address we give you.
We reserve the right to withdraw permitted linking at any time, for any reason, without notice.
3.5 Linking from our website. We may, from time to time, publish links to third party websites which provide content and resources. These links are published to assist in your learning and development. Such linking does not constitute an endorsement. We have no control over the content on those websites and assume no liability in respect of that content.
3.6 Cyber security. We always use reasonable efforts to ensure that our website is secure and safe to use. However, we cannot guarantee that or website is free from cyber security risks, such as viruses and Trojans.
3.7 Your responsibility regarding cyber security. It is your responsibility to ensure you have adequate cyber security safeguards in place to protect to you from cyber security risks.
3.8 Criminal offenses in relation to cyber security. You must not knowingly or recklessly allow or introduce cyber security risks to our website. This includes, but is not limited to, viruses, Trojans and denial of service attacks. Any such conduct may be considered a criminal offence under the Computer Misuse Act 1990 and the relevant law enforcement authorities will be informed.
3.10 You must keep your username and password confidential. Should you approve another individual to use your account you are solely responsible for their actions. If you are using the account on behalf of an organisation you must be authorised to represent that organisation. If you find that there has been unauthorised use of your account you agree to notify us immediately.
3.11 You must not interfere or disorder any aspect of our website. In agreeing to these terms and conditions you agree to:
treat other users of our website with respect and courtesy, ensuring that your use complies with their legal rights; and
keep information provided by, or on our behalf in your possession and not supply it to any third party.
3.12 Disputes with third parties. If we act as an agent to a third party, as we do not buy or sell the seller’s products, both buyers and sellers understand and agree that if disputes arise between them, we are not responsible or liable for any losses, claims, damages, costs or demands of any kind, known and unknown, suspected and unsuspected, disclosed and undisclosed arising from such disputes.
3.13 Feedback and rating. Users of the site understand and agree that any feedback and ratings they post to our website will be publicly available for viewing. We are not responsible for monitoring, checking or editing the feedback or ratings posted on the website and are not liable for any claims or actions connected with any feedback or ratings. Registered users should use the contact form on the website to report any inappropriate or dishonest feedback and we will investigate the claim. It will be at our discretion as to whether the feedback should be removed.
4. GENERAL TERMS
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.3 Your user licence name. Each user will receive a licence name to allow access to the relevant digital content. User licence name changes are only permitted if the user has not accessed the course and must be requested in writing. Changes requested within 14 days of purchase are carried out free of charge, requests made between 15 days and three months incur a £5.00 per user administration charge and requests made between three months and six months following purchase incur a 50% course price per user administration charge. After six months a user licence cannot be changed.
4.4 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.
4.5 Subscription to receive 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 you end the contract or we end the contract by written notice to you, in both cases as described in clause 5. Your subscription, unless otherwise agreed, will be valid for a 12 month period from the date of purchase. If you do not use the subscription within 12 months or require longer, we may agree to extend the subscription period if so requested by you, but you may be liable for further costs.
4.6 Reasons we may suspend the supply of products to you. For example, we may have to suspend the supply of digital content to:
(a) deal with technical problems or make minor technical changes; or
(b) update or make changes to the product to reflect changes in relevant laws and regulatory requirements.
4.7 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 digital content you have paid for but not yet accessed.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
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 7.2 if you are a consumer;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
If you are a consumer and have just changed your mind about the product, see clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
5.2 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 digital content you have paid for but not yet accessed 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 [four weeks]; or
you have a legal right to end the contract because of something we have done wrong.
5.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products 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.
5.4.1 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download or stream these.
5.4.2 How long do consumers have to change their minds? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or access the content. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
6 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 01673 885533
or email us at email@example.com.
By post - simply write to us at our address at the bottom of this page, including details of what you bought, when you ordered or received it and your name and address.
6.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products by the method you used for payment.
6.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
7 IF THERE IS A PROBLEM WITH THE PRODUCT
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01673 885533 or write to us at firstname.lastname@example.org.
7.2 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 or call 03454 04 05 06.
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.
8.1 When you must pay and how you must pay. We accept the following methods of payment:
checkout on our website using PayPal’s payment system with a PayPal account, credit or debit card;
by cheque made out to Griffin House Consultancy Limited and sent to Accounts, Griffin House, Wickenby, LINCOLN, LN3 5AB. Please phone a customer advisor to confirm your order on 01673 885 533; or
by our preferred method, which is a bank transfer into our account – please ask for our bank details.
You must pay for the products before you download them.
You may ask for an invoice to be issued to you which will attract a standard charge of £10.00.
8.2 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).
8.3 Third Party Content. Third party content displayed and sold through our website is not owned by Griffin House, but remains the property of the third party supplier (on whose behalf Griffin House acts as agent). In this case, your contract for purchase will be with the third party supplier, not Griffin House. Third party content is sold on an ‘as is’ basis and no warranties or guarantees are offered by Griffin House.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 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 a contract with you 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.
9.2 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 or for breach of your legal rights in relation to digital content as summarised in clause 7.2.
9.3 When we are liable for damage caused by defective digital content. 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.
9.4 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.
9.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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;
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
9.6 Our liability. So far as permitted by law:
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 digital content under such contract.
9.7 Technologically harmful material. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
10. NO LEGAL ADVICE
10.1 The information and training materials contained on this website are for general guidance and training purposes only. They are not designed for or provided for the purposes of legal or professional advice and nothing on this website constitutes legal or professional advice.
10.2 In addition, the provision of these materials to you does not create a professional advisory relationship between you and us.
10.3 Where appropriate, specialist legal advice should be sought in relation to your specific circumstances.
11. OTHER IMPORTANT TERMS
11.1 Intellectual property. You must read our Copyright Notice and adhere to its terms. Any breach of our intellectual property rights may result in your access to our website being terminated without notice.
11.3 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.
11.4 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.
11.5 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.
11.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
11.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
If you require a copy of these terms and conditions in a printable document you can request a copy by contacting one of our customer advisors on 01673 885533.
OUR CONTACT DETAILS
Trading Address: Griffin House Consultancy Limited, Griffin House, Wickenby, LINCOLN, LN3 5AB, UK
Telephone: +44(0)1673 885533
Griffin House Consultancy is the trading name of Griffin House Consultancy Limited Registered in England No. 9028231 – registered office address 4 Henley Way, LINCOLN, LN6 3QR, UK