STANDARD SERVICE TERMS AND CONDITIONS FOR CONSUMERS
These Terms and Conditions are the standard terms for consumers for the provision of Services by MawdsLeigh whose registered address is Hudson House, 8 Albany Street, Edinburgh, EH1 3QB.
Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any day other than a Saturday, Sunday or bank holiday;
means your booking for the Services;
means Our acceptance and confirmation of your Booking as described in Clause 3;
means any day of the year;
means the contract for the provision of Services, as explained in Clause 3;
“Intellectual Property Rights”
means copyright (and related rights), designs, patents, trademarks, 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);
means Materials which may be subject to Intellectual Property Rights and provided by Us as part of the Services;
means a calendar month;
means the price payable for the Services;
means the services which are to be provided by Us to you as specified in your Booking (and confirmed in Our Booking Confirmation);
means package or program information given to you about the Services including Price and Duration;
means a special offer price payable for Services which We may offer from time to time;
means MawdsLeigh whose registered address is Hudson House, 8 Albany Street, Edinburgh, EH1 3QB.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, or other means.
2. Information About Us
2.1 MawdsLeigh whose registered address is Hudson House, 8 Albany Street, Edinburgh, EH1 3QB.
2.2 We provide personal development, transformation, health and wellbeing services.
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 a Booking, it would be beneficial to ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, ask Us for clarification, thank you.
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 Booking 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 Booking, indicated by Our Booking Confirmation. Booking Confirmations will be provided in writing.
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;
3.4.5 Our complaints handling policy;
3.4.6 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
4.1 All Bookings for Services made by you will be subject to these Terms and Conditions.
4.2 You may change your Booking without charge until 3 business days before We begin providing the Services by contacting Us.
4.3 If your Booking is changed We will inform you of any change to the Price in writing.
4.4 If you request that your Booking be cancelled, you must confirm this in writing. If you cancel your Booking before 3 business days of the Services start date, you may not be charged. If you wish to cancel the Services after this time period, or once We have begun providing the Services, refer to Clause 11.
4.5 We may cancel your Booking at any time before We begin providing the Services due to the unavailability of required personnel or materials, or 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 in full 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 in writing.
5. Price and Payment
5.1 The Price of the Services will be that shown in Our Services Materials given to you at the time of your Booking. If the Price shown in your Booking differs from Our current Price We will inform you upon receipt of your Booking.
5.2 If We quote a Special Price which is different to the Price shown in Our current Services Materials, the Special Price will be valid for the period shown. Bookings placed during this period will be accepted at the Special Price even if We do not accept the Booking until after the period has expired.
5.3 Our Prices may change at any time, but these changes will not affect Bookings that We have already accepted.
5.4 All Prices are not subject to VAT.
5.5 In certain circumstances, if your Bookings is cancelled, your payment may be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our Services Materials, the date of cancellation and the amount of work (if any) already undertaken by Us. Refer to sub-Clauses 4.4 and 4.5 if your Booking is cancelled before the Services begin, or to Clause 11 if the Services are cancelled after they have begun.
5.6 The balance of the Price will be payable in advance during the provision of the Services.
5.7 We accept the following methods of payment:
5.7.1 Bacs; and
5.7.2 PayPal which may be subject to an additional 3.4% charge.
5.8 If you do not make payment to Us by the due date as shown on Our invoice, We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Natwest Bank 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.
5.9 The provisions of sub-Clause 5.8 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6. Providing the Services
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with reasonable practices and standards in the personal development and wellbeing industry 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 Booking (and confirmed in Our Booking Confirmation).
6.3 We will continue providing the Services for the period set out in the Services Materials.
6.4 We will make every reasonable effort to complete the Services on time (and in accordance with your Booking). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. See Clause 10 for events outside of Our control.
6.5 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.
6.6 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.
6.7 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).
6.8 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.
6.9 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).
6.10 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. This does not affect Our right to charge you interest under sub-Clause 5.8.
7. Problems with the Services and Your Legal Rights
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 in writing.
7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.
7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are incorrectly described.
7.5 As a consumer you have certain legal rights with respect to digital content. If any work produced for you under these Terms and Conditions is supplied as digital content, these rights may apply to you. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Any digital content that We supply to you must be of satisfactory quality, it must be fit for purpose (where any such purpose has been made known to Us whether expressly or by implication), and it must match any description given by Us. Due to the nature of digital content you are unable to reject digital content which does not comply with the above; however you may have the right to a repair or replacement or, if these are not possible, to a price reduction up to the full Price. In cases where a price reduction applies and you have already made payment(s) to Us, you may be due a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. If digital content provided by Us under these Terms and Conditions damages your device(s) as a result of Our failure to exercise reasonable skill and care, you also have the legal right to compensation for such damage which may take the form of a repair or replacement, or financial compensation.
8. Intellectual Property Rights
8.1 During the course of providing the Services to you, We may create or produce Materials for you which embody/embodies certain Intellectual Property Rights (such as copyright or trademarks).
8.2 We will retain ownership of any and all Intellectual Property Rights that may exist in the Materials. We will grant to you a royalty-free, non-exclusive, non-transferable licence to use the Materials for personal use only. The licence granted under this sub-Clause 8.2 will continue for a period to be defined in Our Booking Confirmation. The duration of the licence will not necessarily be related to the duration of the Services themselves and may continue beyond the duration of the Services.
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 the Materials. Upon cancellation We will explain to you exactly which part(s) of the Materials (if any) that you will remain entitled to use.
8.4 If any documents, forms, contracts or other formalities are required to enable Us to grant the licence to you under sub-Clause 8.2, We will ensure that any and all such documents, forms, contracts or other formalities are executed, performed and complied with.
9. Our Liability
9.1 Our liability to you in respect of 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 (including that of Our agents or sub-contractors) is limited. 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. Our total liability in respect of all liability arising from this clause shall be limited to the Price paid by you.
9.2 We provide Services under these Terms and Conditions for private use (or purposes). By making your Booking, you agree that you will not use the Services for commercial, business or resale purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our agents or sub-contractors); or for fraud or fraudulent misrepresentation.
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, refer to Your local Citizens Advice Bureau or Trading Standards Office.
9.5 In respect of any other claim, Our total liability in respect of all liability arising in respect of these Terms and Conditions shall be limited to the Price paid by you.
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, pandemic, 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;
10.2.5 If the event outside of Our control continues for more than 30 days, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 11.6 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.
11.1 If you wish to cancel your Booking for the Services before the Services begin, you may do so under sub-Clause 4.4.
11.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 14 days written notice. You may be subject to a cancellation charge.
11.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us 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 acceptance of your cancellation. You will not be required to give 30 Calendar Days notice in these circumstances:
11.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 14 Calendar Days of you asking Us to do so in writing; or
11.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
11.3.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 10.2.4); or
11.3.4 We change these Terms and Conditions to your material disadvantage.
11.4 We may cancel your Booking for the Services before the Services begin under sub-Clause 4.5.
11.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 14 Calendar Days 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.
11.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice and you may be subject to a cancellation charge. If you have made any payment to Us for any Services We have not yet provided, subject to a deduction of any cancellation charge 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. We will not be required to give 14 Calendar Days notice in these circumstances:
11.6.1 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 5.8); or
11.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 14 Calendar Days of Us asking you to do so in writing; or
11.6.3 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). In this circumstance a cancellation charge would not apply.
11.7 For the purposes of this Clause 11 (and in particular, sub-Clauses 11.3.1 and 11.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 11.3 and Us under sub-Clause 11.6). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
12. Communication and Contact Details
12.1 If you wish to contact Us, you may do so by telephone on 0330 022 8388 or by email at email@example.com.
12.2 In certain circumstances you must contact Us in writing (when cancelling an Booking, 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 at firstname.lastname@example.org; or
12.2.2 Contact Us by post at Hudson House, 8 Albany Street, Edinburgh, EH1 3QB.
13. Complaints and Feedback
13.1 We always welcome feedback from Our clients 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 All complaints are handled in accordance with Our complaints handling policy and procedure, contact Us for a copy.
13.3 If you wish to complain about any aspect of your dealings with Us, contact Us in one of the following ways:
13.3.1 In writing, addressed to Hudson House, 8 Albany Street, Edinburgh, EH1 3QB.
13.3.2 By email, addressed to email@example.com.
13.3.3 By contacting Us by telephone on 0330 022 8388.
14. How We Use Your Personal Information (Data Protection)
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (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 and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
15.3 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 and Conditions.
15.4 If any of the provisions of these Terms and Conditions 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 and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction
16.1 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 and Wales.
16.2 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.
16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.