Standard Service Terms and Conditions
BACKGROUND:
These terms and Conditions are the standard terms for the provision of services by Mina Drever trading as TRAINING PROVIDER MINA DREVER, a PRIVATE LIMITED COMPANY registered in England under number 12186282, whose registered address is Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK and whose main trading address is Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK. .
1 Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means the contract for the provision of Services, as explained in Clause 3;
“Intellectual Property Rights” means copyright (and related rights), designs, patents, trade marks, and all other intellectual property rights that may exist in anything that We may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);
“Price” means the price payable for the bespoke Services: either the Amelesia training package available for purchase on line or the bespoke face-to-face training;
“Services” means the services which are to be provided by Us to you as specified in your Order.
“Special Price” means a special offer price payable for bespoke Services which We may offer from time to time;
“Order” means your order for the either the Amelesia training package or the bespoke face-to-face training Services on offer on our website;
“We/Us/Our” means Mina Drever, trading as MINADREVER LIMITED, a PRIVATE LIMITED COMPANY registered in England under number 12186282, whose registered address is Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK and whose main trading address Is Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or text message or voice-mail
2. Information About Us
Mina Drever[, trading as MINADREVER LIMITED, a PRIVATE LIMITED COMPANY registered in England under number 12186282, whose registered address is Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK and whose main trading address Is Beech House, Dunmow Road, Great Easton, Essex, CM6 2DL, UK
2.1 We are not VAT registered
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided by email
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Services;
3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);
3.4.3 The total price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
4. Orders
4.1 All Orders for Services made by you will be subject to these Terms and Conditions.
4.2 You may not change your order for the training package available to purchase online once it has been paid for and downloaded from the website
4.3 You may cancel your Order for the face-to-face bespoke training within two weeks of placing it. If you have already made any payments to Us under Clause 5 subject to sub-Clause 5.6, the payment(s) will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 11.
4.4 We may cancel your Order for the face-to-face bespoke training at any time before We begin providing the Services due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed by email.
5. Price and Payment
5.1 The Price of the Services will be that shown on Our website in place at the time of your Order.
5.2 If We quote a Special Price for the bespoke face-to-face training, the Special Price will be valid for the period of time between the date of the order and the date of delivery of the training.
5.3 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
6. Providing the Services
6.1 As required by law, We will provide the Services with reasonable skill and care and in accordance with any information provided by Us about the Services and about Us.
6.2 We will begin providing the Services on the date specified in your Order (and confirmed in Our Order Confirmation).
6.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.
6.4 If we require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
6.5 If the information or action required of you under sub-Clause 6.5 is delayed incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
6.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).
6.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
6.8 If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
6.9 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing.
7. Problems with the Services
7.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
8. Intellectual Property Rights
8.1 During the course of providing the Services to you, We may create or produce additional bespoke materials and/or resources for you which embody/embodies certain Intellectual Property Rights (such as copyright or patents).
8.2 We will retain ownership of any and all Intellectual Property Rights that may exist in additional bespoke materials and/or resources. We will grant to you a royalty-free, licence to use additional bespoke materials and/or resources. The licence granted under this sub-Clause 8.2 will continue
8.3 If the contract is cancelled under Clause 11, the licence granted under sub-Clause 8.2 may also be cancelled in full or in part and you will no longer be permitted to use all or part of additional bespoke materials and/or resources. Upon cancellation, We will explain to you exactly which part(s) of additional bespoke materials and/or resources (if any) that you will remain entitled to use.
9. Our Liability
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence or fraudulent misrepresentation.
9.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with the information provided by Us about the Services or about Us.
9.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
10. Events Outside of Our Control (Force Majeure)
10.1 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, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
10.2.1 We will inform you as soon as is reasonably possible;
10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.3 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;
10.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 11.3.3;
10.2.5 If the event outside of Our control continues for more than 12 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 11.6.3 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 within 14 Calendar Days of Our cancellation notice.
11. Cancellation
11.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
11.2 We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.
11.3 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
11.3.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or
11.3.2 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 10.2.5).
12. Communication and Contact Details
12.1 If you wish to contact us, you may do so by telephone at 00 44 7780 715633 or by email at minadrever@amelesia.com .
12.2 In certain circumstances, you must contact us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
12.2.1 Contact Us by email above in 12.1
13. Complaints and Feedback
13.1 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.
13.2 If you wish to complain about any aspect of your dealings with us, please contact us by email to minadrever@amelesia.com
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information 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.
14.2 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 Notice available on the Amelesia website: amelesia.com
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.