Terms and Conditions: Career Development Products and Services for Individuals
Dr Elaine Hickmott [also trading as EH Enterprises] (“the Consultant”)
These terms and conditions apply to all career development services, products, programmes, packages,coaching, e-materials and masterclasses (all collectively referred to as “the Services”) provided by the Consultant to any individual (“the Client”) and constitute a contract (“the Contract”) for the Services to be provided by the Consultant for the Client.
Purchase of any of the Services provided by the Consultant constitutes acceptance of these terms and conditions. The date of purchase of any of the Services provided by the Consultant shall be deemed to be the start date for the Service and the date on which the Contract shall come into existence:
- The Client will pay the full fee for the Services in advance of receiving the Services.
- Fees will be paid online using the PayPal payments system.
- Where advance payment has not been received by the Consultant she is not obliged to provide the Services.
- The Consultant will provide the Services to the Client in accordance with the composition of Services purchased. For the avoidance of doubt nothing shall be construed as restricting or prohibiting the Consultant from providing the Services to any third party.
- Personal or business information supplied to the Consultant by the Client during provision of the Services will be treated as Confidential Information (as defined below). It will not be disclosed to a third party without the client’s prior written permission, save where required by law.
- The Consultant will use all reasonable endeavours to provide the Services to the Client within estimated timings. However, all timings agreed by the Consultant are estimates only and the Consultant will not be liable for any loss, injury, damage or expenses arising directly or indirectly from any delay. Time is not of the essence in respect of the Consultant’s performance or obligations.
Note: “Confidential Information” means all information confidential to the Client whether relating to the Client’s personal life, business or otherwise. It excludes information which is or becomes generally known or accessible to the general public and information obtained by the Consultant from a third party free of restrictions on use or disclosure.
- The Client will co-operate with the Consultant by providing Confidential Information to the Consultant.
- The Client agrees to follow the reasonable instructions of the Consultant.
- The Client will utilise Materials (as described below) provided by the Consultant in a proper manner and, except with the express permission of the Consultant, not to disclose, copy, divulge, reproduce, publish or in any way disseminate any Materials to any third party or into the public domain.
- Where one-to-one sessions are part of the Services, they will take place via Skype, telephone or Zoom. Where telephone is used, the Client will call the Consultant.
Note: “The Materials” means all documents and resources, digital or physical, in any format which are the property of the Consultant.
Limitation of Liability
- Except in respect of death or personal injury caused by negligence or as expressly provided in these terms and conditions, the Consultant shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law for any loss of anticipated savings, business revenues, or profits (whether categorised as direct or indirect) or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business), damages, costs, expenses or other claims (whether caused by the negligence of the Consultant, its servants or agents or otherwise) which arise out of connection with the Consultant or use of the Services.
12.1 The Consultant shall not be held liable for the failure of the Client to achieve any of their career development goals or objectives.
12.2 Except as set out in these conditions, all warranties, conditions and other terms implied by statute, common law or otherwise are excluded from the Contract to the fullest extent permitted by law.
12.3 The Consultant shall have no liability for any act taken or omission made by the Client or third party in respect of the Services provided.
12.4 Any Materials supplied by the Consultant to the Client via email or downloaded by the Client from the Consultant’s website are not guaranteed to be free from any so-called computer viruses or malicious codes, and it is recommended the Client check for such viruses before downloading it to computer equipment.
This Clause 12 shall survive termination of the Contract.
Intellectual Property Rights
- All the Materials provided by the Consultant are the exclusive property of the Consultant.
- All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Consultant.
- Intellectual property rights shall have the following meaning all patents, rights to inventions, utility models, copyright and related rights, trade-marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- Should the Client change their mind within 14 days of purchasing the Services, excluding e-books, e-guides, e-handbooks or masterclasses, and they have not received any part of the Services purchased, they may request a refund in writing. The Consultant will provide a full refund within ten working days from receipt of the Client’s request.
- If the Client obtains a refund the Contract between the Client and the Consultant will be terminated immediately. This will be confirmed in writing by the Consultant.
- Once the Services are underway no refunds are given.
- The Client must provide at least 72 hours notice should they wish to re-arrange any one-to-one sessions which are provided as part of the Services.
- In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the Client, actual or potential conflict of interest, or other reasons, the Consultant may decide to terminate the Services to the Client early. In such a circumstance the Client will be given reasonable notice of termination by the Consultant where practicable, and will receive a prorata refund of advance payments based on the Services received up to the point of termination.
- The Consultant will not be liable for any failure to carry out, delay or postponement of the Services due to events and matters outside her reasonable control including but not limited to an act of God, server crashes, virus attacks on equipment, ill health of the consultant, fire, flood or accident, war or threat of war, pandemic, sabotage, vandalism, accident, insurrection, civil disturbance or requisition, acts, restrictions, regulations, byelaws, prohibitions, lockdowns or measures of any kind on the part of any governmental, parliamentary or local authority, damage, bad weather, software, power or equipment failure, strikes, lockouts or other industrial actions or trade disputes.
- In the event that any one-to-one session is cancelled or postponed by the Consultant, then the Client will be notified as soon as is practicably possible by email or telephone.
Data Protection and Privacy
- By accepting these terms and conditions, the Client agrees to the use of their information for the purposes of delivering the Services, maintaining contact with the Consultant and enabling future commercial activities between the Client and the Consultant
- The Client has the right to request the Consultant for a copy of the information about the Client retained by the Consultant and the right to request the Consultant to correct any incorrect information about the Client being held by the Consultant.
- These terms and conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties.
- The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Consultant which is not set out in the Contract.
- Any samples, drawings, descriptive matter or advertising issued by the Consultant, and any descriptions or illustrations contained in the Consultant’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
- Any Proposal given by the Consultant shall not constitute an offer, and is only valid for a period of 30 business days from its date of issue
- A reference to writing or written includes faxes and emails.
- If any of the provisions in these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions set out in these terms and conditions and the remainder of the provision in question shall not be affected.
- A person who is not a party to the Contract shall not have any rights under or in connection with it.
- Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
- No failure or delay to exercise a right or remedy under these terms and conditions shall be deemed a waiver by either party of that right, and no waiver by either party of any breach of this contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- The Services and the Materials provided by and purchased from the Consultant are designed to help the Client to identify and achieve future goals and ambitions. The Consultant does not provide counselling or therapy. If for any reason the Client believes that they may be suffering from any psychological or medical condition they are strongly advised to consult a qualified physician.
- This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law and the parties submit to the jurisdiction of the English courts.