Terms of Sale

TERMS OF SALE FOR PURCHASES OF SERVICES

These are the terms and conditions (Terms) on which we supply our services to you.

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these Terms and on the sales page on our website for the service you are purchasing.

The key information we give you by law forms part of this contract as though it is set out in full here.

Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

‘We’, ‘us’ or ‘our’ means The Presenter Coach (trading under Cocker Media Limited); and

‘You’ or ‘your’ means the person buying services from us.

If you don’t understand any of these Terms and want to talk to us about it, please contact us by email at [email protected]

Who are we?

We are The Presenter Coach, trading under Cocker Media Limited, 46 Nicolas Road, Manchester, M21 9LR. Our trading name is The Presenter Coach.

Introduction

If you buy services from us, you agree to be legally bound by this contract.

This contract is only available in English. No other languages will apply to this contract.

When buying any services from us, you also agree to be legally bound by:

our Website Terms and Conditions and any documents referred to in them;

our Privacy Policy and any documents referred to in it;

extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one (1) month’s notice; and

specific terms which apply to certain services. If you want to see these specific terms, please visit the relevant webpage for the services.

All of the above documents form part of this contract as though set out in full here.

Your privacy and personal information

Our Privacy Policy is available at on our website via this link, or on request.

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Ordering services from us

Below, we set out how a legally binding contract between you and us is made.

You place an order with us as follows:

when you let us know you would like to purchase our services, we will send you these Terms of Sale and our invoice for the services;

once you have agreed to our Terms (either by indicating your agreement via email or by paying our invoice for the services) and paid our invoice for the services, a binding contract comes into effect between you and us on the conditions set out in these Terms.

We may contact you to say that we do not accept your order. This is typically for the following reasons:

unexpected limits on our resources which we could not reasonably plan for;

we have identified an error in the price or description of the service;

we are unable to meet a delivery deadline we have specified;

the service is unavailable;

we cannot authorise your payment;

you are not allowed to buy the service from us; or

we are not allowed to sell the service to you.

We will only accept your order when we email you to confirm this (Confirmation Email). At this point a legally binding contract will be in place between you and us, and we will provide the services as agreed via email.

Payment

The price of the service will be the price indicated on the sales pages on our website. We use our best efforts to ensure that the price of the service advised to you is correct. However please see below for what happens if we discover an error in the price of the service you order. The price of the service is in Pounds Sterling (£)(GBP), and excludes Value Added Tax (VAT) at the applicable rate.

It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

We accept payment with debit and credit cards. When purchasing services, you must pay for the services at the time of ordering them.

We will do all that we reasonably can to ensure that all of the information you give us when paying for the service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

Our rights in relation to the services

We may change the services:

to reflect changes in relevant laws and regulatory requirements; and

to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service.

We are the owners or licensees of all intellectual property rights in the services you purchase, including any databases that hold relevant information about the website or its services. These rights are protected by copyright or trade mark registration and you may only use the services, or any part of them, in accordance with these Terms.

Upon payment of the price for any of our services, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the services for your own personal, non-commercial use.

You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any services, or part of the services that you purchase from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.

Your responsibilities

You agree that you are purchasing our services for your private, non-commercial use only.

You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any services, or part of the services, that you purchase from us unless agreed with us in writing.

You are responsible for ensuring that any hardware or software that you use to download and/or access the services functions correctly with the services or any platform on which we make the services available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.

Whilst we have utilised in creating the services, and we will at all times in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the services. You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the services.

You are required to provide us with at least 48 hours’ notice in writing of any change or alteration to a scheduled service. You may change the date of a scheduled service to an alternate date on one (1) occasion, and no further changes or alterations will be permitted to that scheduled service.

Where you do not attend a scheduled service, or cancel the service with less than 48 hours’ notice in writing, that service will be forfeit, no re-scheduling will be permitted and no refund will be available to you for that appointment.

Right to cancel

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 services which have not been provided and you may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to the service or these Terms which you do not agree to;

we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;

there is a risk that supply of the service may be significantly delayed because of events outside of our control;

we have suspended supply of the service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

you have a legal right to end the contract because of something we have done wrong.

You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period. This is further explained below.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (for example, a written statement sent by post or email) using the contact details at the top of this contract. You may use the model cancellation form available below, but it is not obligatory.

Cancellation form

To Kate Cocker

The Presenter Coach (t/u Cocker Media Limited)

46 Nicolas Road, Manchester, M21 9LR

[email protected]

I hereby give notice that I cancel my contract of sale for the supply of the following service [customer to insert description of purchase], ordered on [customer to insert purchase date].

Name of customer: [customer to insert name]

Address of customer: [customer to insert address]

Date: [customer to insert date]

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

We will not start providing the services during the 14-day cancellation period unless you ask us to. When you place an order for services, you will be given the option to continue with your order (i.e. by proceeding with your purchase and paying our invoice for the services) and for us to start providing the services during the cancellation period. By proceeding with your purchase and paying our invoice for the services, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (i.e. the work is completed).

This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this contract. See also clause 11 below.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:

for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or

the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (i.e. the work was completed) during the cancellation period.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Carrying out of the services

We will carry out the services on the date and time agreed between you and us during the order process.

Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed.

We may need certain information from you so that we can supply the services to you. If so, this will have been stated in the description of the services on the sales page on our website. We will contact you to ask for this information.

If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.

We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Nature of the services

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

the services must be carried out with reasonable care and skill;

you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for the services; and

we must carry out the services within a reasonable time, if you and we haven’t fixed a time for the services to be carried out.

We must provide you with services that comply with your legal rights.

Faulty services

Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page, or visit the Citizens Advice website www.citizensadvice.org.uk

Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. Please contact us using the contact details at the top of this contract if you want us to repeat the services, fix the services, or a price reduction.

End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

Limit on our responsibility to you

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

losses that:

were not foreseeable to you and us when the contract was formed;

were not caused by any breach on our part;

business losses; and

losses to non-consumers.

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services, our service to you generally, or any other matter, please contact us as soon as possible.

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you, and give you certain information required by law about our alternative dispute resolution provider.

If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

Other important terms

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

Nobody else has any rights under these Terms. This contract is between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

If a court finds part of these Terms 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.

Even if we delay in enforcing these Terms, we can still enforce them 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 the contract between us, 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. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

These Terms and the contract between us are governed by English law and you can bring legal proceedings in respect of the services in the English courts.