Terms of Sale

 

BACKGROUND:

 

            These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, emmainsleytraining.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  By purchasing our products, you agree to the following terms stated.

 

 

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means a contract for the purchase and sale of Services, as explained in Clause 7;

“Data Protection Legislation”

means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;

“Order”

means your order for the Services;

“Order Confirmation”

means Our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and

“We/Us/Our”

means Insley Consulting, a company registered in England under 8830963, whose registered address is Archer House, Britland Estate, Northbourne Road, Eastbourne, BN22 8PW.

 

  1. Information About Us
    • Our Site, emmainsleytraining, is owned and operated by Insley Consulting, a limited company registered in England and Wales under 8830963, whose registered address is Archer House, Britland Estate, Northbourne Road, Eastbourne, BN22 8PW.

 

  1. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Use of Our Site is subject to Our Website Terms of Use . Please ensure that you have read them carefully and that you understand them.

 

  1. Business Customers and Consumers
    • These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession). 
    • These Terms of Sale, together with any other terms and, where applicable, Data Processing Agreements referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

  1. Services Location

Our Services are available in the United Kingdom only. Customers from outside this area may order Services from Us, however such Services can only be provided in the area set out above.

 

  1. Services, Pricing and Availability
    • We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
    • Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
    • Where appropriate, you may be required to select the required package of Services.
    • We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any Order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).
    • All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
    • In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • Prices on Our Site are shown exclusive of VAT. Insley Consulting is not currently VAT registered.  If the VAT rate becomes applicable or changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

  1. Orders – How Contracts Are Formed
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email after we have received payment.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
    • If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 7 days.
    • You may change your Order not less than 14 days before We begin providing the Services by contacting Us.
    • If you change your Order, We will confirm all agreed changes in writing.

 

  1. Payment
    • Upon receipt of your registration we will send an invoice requesting payment by electronic transfer.
    • Payment for the Services will be due in the form of an advance payment.
    • If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
    • All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
    • If you do not make any payment to Us by the due date as shown in/the invoice We may charge you interest on the overdue sum at the rate of 3% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
    • The provisions of sub-Clause 8.5 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will be payable while such a dispute is ongoing.  Once any such dispute is resolved, We will charge interest on correctly invoiced sums from the original due date.

 

  1. Provision of the Services
    • We will provide the Services with reasonable skill and care. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).
    • We will continue providing the Services until the estimated completion date set out in the Order Confirmation.
    • You can continue accessing the programme materials after the completion date for as long as required. Should emmainsleytraining.com close, you will be given the opportunity to download all programme materials.
    • We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 14 for events outside of Our control.
    • In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.
    • If you do not pay Us for the Services as required by Clause 8, We may suspend the Services until you have paid any and all outstanding sums due. If this happens, We will inform you by email.  This does not affect Our right to charge you interest on any overdue sums under sub-Clause 8.5.
    • We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via [email protected]
    • We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.

 

  1. Refunds and cancellation
    • We do not offer unconditional refunds on our Impact Accelerator for Fundraising programme. We offer a 365-day Conditional Guarantee.  To request consideration of the Guarantee, clients are required to complete the course, attend the Q&A calls (or watch the replays), and submit evidence of work completed to [email protected]
    • All returns and refunds are discretionary as determined by Insley Consulting Ltd. If you simply download the training material (PDFs, audios, videos, workbooks etc.) and then ask for a return, we reserve the right to deny your request.  The purpose of the Conditional Guarantee is to give clients the chance to work through the programme, and if it doesn’t work, they can receive a refund under the Conditional Guarantee.
    • We may cancel your Order at any time before We begin providing the Services in the following circumstances:
      • The required personnel and/or required materials necessary for the provision of the Services are not available; or
      • An event outside of Our control continues for more than three months (please refer to Clause 14 for events outside of Our control).
    • If We cancel your Order under sub-Clause 7.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 28 days. If We cancel your Order, you will be informed by email.
    • Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Services.

 

  1. Our Rights to Cancel
    • For cancellations before We begin providing the Services, please refer to sub-Clause 10.3.
    • We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control that continues for more than three months (as under sub-Clause 14.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling. 
    • We may cancel immediately by giving you written notice in the following circumstances. You will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums:
      • You fail to make a payment by the due date as set out in Clause 8. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 8.5; or
      • You breach the contract in a material way and fail to remedy the breach within 14 days of Us asking you to do so in writing.
    • Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
    • Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Services.

 

  1. Earnings Disclaimer
    • Whilst every reasonable endeavour has been made to ensure that all information provided on Our Site will be accurate and up to date, We make no warranty or representation that this is the case.
    • We give no guarantee of any specific results or guarantee of earnings from the use of Our Site or the service(s) provided thereby. We neither warrant, represent nor imply that you will derive any benefit, financial or otherwise, from your use of Our Site or the service(s) provided thereby.
    • Results derived from the use of Our Site or the service(s) provided thereby will vary from one user to another and will depend upon a user’s own input, efforts, circumstances, knowledge and experience.
    • No guarantee is given of successful results from the use of Our Site or the service(s) provided thereby. This website and the service(s) provided thereby merely provide the possibility that users may experience some benefit if the information and facilities provided are applied correctly.
    • No part of Our Site is intended to constitute advice and the content of Our Site should not be relied upon when making any decisions or taking any action of any kind.
    • Commercial use of the information on this website is permitted, however We make no representation or warranty that this content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
    • Whilst We exercise all reasonable skill and care to ensure that Our Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

 

  1. Our Liability
    • The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude.
  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      • If the event outside of Our control continues for more than three months We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

 

  1. How We Use Your Personal Information (Data Protection)
    • All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy  and Cookie Policy <<insert link to Cookie Policy>>.

 

  1. Other Important Terms
    • You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least 7 days written notice of the changes before they come into effect. 

 

  1. Law and Jurisdiction
    • These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales