Terms and conditions for website (www.damianculhane.co.uk):
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
By (i) using this site, (ii) purchasing any products or services from Damian Culhane (“COMPANY”) or (iii) utilising any of the products or services from the COMPANY through this site, you are deemed to have agreed to these Terms and Conditions.
We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilised from the COMPANY, the version of these Terms and Conditions that were posted at the time of purchase or utilisation apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.
- GENERAL TERMS & CONDITIONS
- User Public Forum Submission/Participation Policy and Terms
- Special Notes with regard to Product and Service Purchases
- Product and Service Purchase Agreement / Refund Policy
I. GENERAL TERMS & CONDITIONS
a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at https://www.damianculhane.co.uk as well as any of its sub-domains and related domains (collectively the “Site”), as well as to products and services purchased or utilised from the Site (including LearnPress and WooCommerce). Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
b) Restrictions on Use
The contents of this site are protected by copyright and trademark laws and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organisations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to: firstname.lastname@example.org. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Site, at our discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS IF APPLICABLE TO SITUATION.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We do not endorse, warrant or guarantee any products or services offered on any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
d) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
e) No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilised or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
f) Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 13 and all purchasers of COMPANY’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of COMPANY, you represent that you are at least 18 years of age.
g) MEMBERSHIP FEES
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days’ prior written notice to you.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COMPANY or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of the COMPANY and protected by UK and international copyright laws.
The COMPANYs name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the COMPANY or its affiliates in the UK and/or other countries. The COMPANYs trademarks and trade dress may not be used in connection with any product or service that is not the COMPANYs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COMPANY. All other trademarks not owned by the COMPANY or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COMPANY or its affiliates.
j) CONTACTING US
The address for the COMPANY is:
Damian Culhane, Perceptions Coaching Limited, 71-75 Shelton Street, London, WC2H 9JQ
You can reach our customer support by emailing us at: email@example.com.
For cancellation of a subscription, email us at firstname.lastname@example.org.
Privacy matters can be addressed to us by emailing us at email@example.com.
II. User Public Forum Submission/Participation Policy and Terms
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. The COMPANY has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
b) Your Participation/Contribution Requires Consideration:
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorised purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).
c) Confidential Obligations:
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with the COMPANY that requires you to maintain the confidentiality of certain material or information of the COMPANY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which the COMPANY has required you to preserve as confidential.
d) Grant of Rights:
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of the COMPANY or other information you are required to preserve as confidential by the COMPANY, then; (i) you remain owner of such post or submission to the extent you were the owner; (ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted the COMPANY, a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and (iii) you agree and warrant that the COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
e) No Obligation to Monitor:
The COMPANY does not control the information delivered to the Forums and has no obligation to monitor the Forums. However, the COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the COMPANYs sole discretion.
f) No Obligation to Remove:
The COMPANY is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that the COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with the COMPANY with differing terms or the COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
g) No Endorsement:
The COMPANY does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
h) Company’s Right to Act:
If the COMPANY discovers communications which allegedly do not conform to any terms and conditions of this Site, the COMPANY may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The COMPANY will have no liability or responsibility for performance or non-performance of such activities. The COMPANY reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources over which the COMPANY has absolutely no control.
III. Special Notes with regard to Product and Service Purchases
a) Shipping Methods
Products shipped by the COMPANY may be shipped by a carrier of our choice or by any other method in the discretion of the COMPANY. A shipping charge will be imposed.
All orders require at least 24-48 hours processing time before shipping.
The COMPANY does not process orders during weekends.
No deliveries will be made on Saturday or Sunday.
The COMPANY does not guarantee same day shipping.
Exact delivery times to any location cannot be guaranteed.
b) Sales Tax
Sales tax is only required for orders shipping within our resident states of business.
c) Duty Tax
Orders shipped to any area where an explicit and separate Duty Tax is required, will have the relevant duty tax applied in accordance with the local legislative rates. Exact delivery times to these areas cannot be guaranteed and you will be notified if a specific Duty Tax is required to be added for your order.
d) Product listings
The COMPANY strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labelled with an incorrect price due to some typographical, informational, technical or other error, the COMPANY shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from the COMPANY are provided as resources to customers looking for additional information and/or professional opinion. The COMPANY does not assume responsibility for the claims and/or representations made on these or any other websites.
e) Product Revisions
The COMPANY is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases the COMPANY acts as a distributor for others. In the interest of our customers, the COMPANY puts forth its best efforts to ensure that all product information is up-to-date and factual.
Unfortunately, there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, colour deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, the COMPANY relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, the COMPANY will not be held responsible for product revision changes.
IV. Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from the COMPANY, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and the COMPANY agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the COMPANY. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from the COMPANY.
a) Product Issues
If you have problems or concerns regarding the Company or your purchases, you may contact us through firstname.lastname@example.org
b) Refund/Return Policy
Because of the nature of our products, we do not offer a cancellation or refund for products and services purchased, unless expressly offered in writing through a product/services page, cart page or email, or expressly required by law.
c) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.
THE COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY THE COMPANY ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
d) LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES THE COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT THE COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
e) CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE:
Customer acknowledges that the products and services sold by the COMPANY are the confidential and proprietary information and property of the COMPANY. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COMPANY by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of the COMPANY, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of the COMPANY, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from the COMPANY. Anyone viewing or otherwise utilising the products of the COMPANY by such conduct is agreeing to be bound by the terms set forth herein, and as such must immediately comply with the terms of this agreement.
In the event that the COMPANY discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by the COMPANY remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from COMPANY.
e) TERMS AND CONDITIONS SPECIFIC TO MONTHLY SUBSCRIPTIONS.
By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for monthly subscription) displayed on Site, you are purchasing a monthly subscription and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription.
You acknowledge and understand that you can cancel anytime by contacting customer support at email@example.com.
f) GENERAL TERMS AND CONDITIONS
1. Payment Terms; Orders:
An order is not binding upon the COMPANY until it is accepted; the COMPANY must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with the COMPANY. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
2. Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges shown on the COMPANY invoice.
3. Title; Risk of Loss:
The COMPANY will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to you upon delivery to the carrier.
The COMPANY reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow the COMPANY to sign appropriate documents on your behalf to permit the COMPANY to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. The COMPANY will advise you of estimated shipping dates, but the COMPANY will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
4. Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between the COMPANY and yourself shall be governed by the laws of the United Kingdom, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. The COMPANY and you consent to the exclusive jurisdiction and the exclusive venue of the Courts of the United Kingdom, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the COMPANY that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable UK law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
7. Entire Agreement:
Personal data protection
We would like to inform you that Damian Culhane and his team abide by the new Regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (GDPR). In this connection we would to inform our users about:
Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Name/Company name: Damian Culhane, Perceptions Coaching Limited
Address: 71-75 Shelton Street, London WC2H 9JQ
What kind of personal data we collect:
We may collect, use, store, transfer and process (including cross-border processing) a variety of personal data, including: identity data: first name, last name, username, or similar identifier, title, date of birth and gender; contact data: email address and telephone numbers; technical data: internet protocol (IP) address, your login data, browser type and version, time zone and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website and our services; profile data: your username and password, preferences, feedback, and survey responses, the date and time of the registration; comments on our blog or LearnPress lessons and courses, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject; usage data: information on how you use our website and services.
We also collect, use, and share aggregated data, such as statistical or demographic data, for any purpose. Aggregated data may be derived from your personal data, but is not considered personal data by law as this data does not reveal your identity, either directly or indirectly. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if when combining aggregated data with your personal data directly or indirectly identifies you, we treat the combined data as personal data and subject to the terms of this privacy notice.
How we collect personal data
We use different methods to collect data from and about you including through: direct interactions; you may give us your identity, contact data by filling in forms or by corresponding with us by post, phone, e-mail or through contact us or social media.
This includes personal data you provide when you:
- sign up to receive а Newsletter and/or eBook;
- become a client/user on our website/app;
- enrol in a group program;
- purchase a home study program online;
- engage with us on social media;
- enter a business education, online courses and classes, promotion or survey;
- leave comments or reviews on our products or services.
Purposes of processing
According to Art. 13 of GDPR, we inform our users about the purposes of processing personal data. The prime purpose of collecting your data is to provide users with services offered by our website/app, whether that’s using our website/app to find information, to contact us, to enter into training program, or for some other reason. No matter how you use our website, our aim is to allow you to interact with it as effortlessly as possible.
Other purposes for processing personal data are as follows: to provide users with our services and offer them our products; for subscription to our newsletters; for registration of new user; to manage the relationship between us and the user (notification of changes of these Terms and Conditions, requesting of feedback, etc.); to administrate and protect our business and the information on our website/app (including data analysis, testing, system maintenance, support, reporting and hosting of data); to use data analytics to improve our website, products and services, customer relationships and experience.
What are users’ rights
In accordance with GDPR requirements, every user who falls in the scope of personal data Regulation, has:
- Right to receive a copy of your personal data held by the Company and access to personal data;
- Right to rectification;
- Right to erasure (‘right to be forgotten’);
- Right to restriction of processing;
- Right to data portability (the right to transmit personal data to another controller without hindrance from the controller to which the personal data have been provided);
- Right to object;
- Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
You are not required to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. These are our rights in accordance with GDPR.
Above-listed data subjects’ rights are subject to certain exceptions and exclusions, and we may be unable to comply in full with your request.
In case of users request to exercise any of the above listed rights, they are entitled to contact us on the following e-mail address: firstname.lastname@example.org
We will provide the requested information within one month of receipt of the request. In rare cases, that period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Of course, the users will be informed about that. If we have reasonable doubts concerning the identity of the natural person making the request, we may request the provision of additional information necessary to confirm the identity of the data subject.
Users have the right to file a complaint at any time in accordance with The Information Commissioner’s Office – the supervisory authority for data protection issues. However, we would appreciate the opportunity to resolve all concerns before you approach the authority, so please consider contacting us first.
Legal basis for the processing
Art. 6 (1) lit. b, c, d, f GDPR serve as legal basis to process users’ personal data. Art. 6 (1) lit. b GDPR – for the performance of a contract to which the user is party or in order to take steps at the request of the user prior to entering into a contract. If the processing of personal data is necessary for the performance of a contract to which the user is party, as is the case, for example, when processing operations are necessary for the supply of products or to provide any other service, the processing is based on Article 6 (1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Art. 6 (1) lit. c GDPR – for compliance with a legal obligation to which we are subject. Art. 6 (1) lit. d GDPR – to protect vital interests of the user or of another natural person. This would be the case, for example, if a visitor were injured in our Company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Article 6 (1) lit. f GDPR – this legal basis is used if processing is necessary for the purposes of the legitimate interests pursued by our Company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller or for direct marketing purposes (Recital 47 GDPR).
We do not rely on your consent as a legal basis to process your personal data. Your personal data may be processed for more than one lawful ground, depending on the specific purpose for its use. Please contact us at email@example.com if you require additional information.
If you choose not to provide the personal information we request, you can still visit most areas of our website but you may be unable to access certain options and services. You have the final decision on whether to proceed with any activity that requests personal information.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data – for example, if you do not provide us with your personal data, you will not be able to enter into a new training program. We will let you know how this will affect you at the time.
Period for which the personal data will be stored
Users’ personal data will be retained only as long as necessary to fulfil the purpose(s) for which it was collected, including legal, accounting, or reporting requirements. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract
Damian Culhane is the director of Perceptions Coaching Limited which is based at 71-75 Shelton Street, London WC2H 9JQ.