1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply courses, videos, worksheets, access to online support groups, and other items (collectively called a “product” in these terms).
1.2 Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how we will provide a product 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are THE POSITIVE MOTHERHOOD PROJECT LIMITED (trading as MEANINGS OVER MILESTONES), a limited company no. 13163486 with registered office at Britannia House, Caerphilly Business Park, Van Road, Caerphilly CF83 3GG.
2.2 How to contact us. You can contact us by telephoning us on 07508 816342 or by writing to us at firstname.lastname@example.org or at Britannia House, Caerphilly Business Park, Van Road, Caerphilly CF83 3GG.
2.3 How we may contact you. If we have to contact you about your order we will do so by telephone or by writing to you at any email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when it is accepted via our website, at which point a contract will come into existence between us.
3.2 If we cannot fulfill your order. If we are unable to fulfill your order, we will inform you of this and will not charge you or will refund any payment made. This might be because of unexpected limits on our time or other resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a deadline.
4.PROVIDING THE PRODUCT
4.1 When we will provide the product. We will make digital content (such as videos, worksheets, etc.) available for access and download by you through our website portal as soon as we accept your order. If the product is a course including access to an online support group, we will provide access to you until either the course is completed (if applicable) or you end the contract as described in Clause 5 or we end the contract by written notice to you as described in Clause 7.
4.2 We are not responsible for delays outside our control. If our providing of the product is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for a product you have paid for but not received.
4.3 When you own the product. If the product can be downloaded (such as a worksheet), you own the product once you have downloaded it, assuming that we have received payment in full for it. However, see Clause 10, Rights in the product.
4.4 Reasons we may suspend access to an online support group. We may have to suspend the provision of a product which includes access to an online support group, to (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the product as requested by you or notified by us to you.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 8;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 5.2; or
(c) If you have just changed your mind about the product, see Clause 5.3. You may be able to get a refund if you are within the cooling-off period, but not for all products.
5.2 Ending the contract because of something we have done or are going to do. 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 products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
5.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of digital products after you have started to download or stream them.
5.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you ordered a live course on a fixed date? If so, you have 14 days after we accept your order. However, if you order within 14 days of the start of the course, you cannot change your mind once the course has started, even if the 14-day period is still running.
(b) Have you ordered an on-demand course with digital content for download or streaming (for example, worksheets and videos)? If so, you have 14 days after the day we accept your order, or, if earlier, until you start downloading or streaming.
6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by telephoning 07508 816342 or by writing to us at email@example.com. Please provide your name, address, details of the order and, where available, your phone number and email address.
6.2 How we will refund you. We will refund you the price you paid for the product, by the method you used for payment.
6.3 When your refund will be made. We will make any refunds due to you as soon as possible, usually within 14 days from the day on which we receive the product back from you.
7. OUR RIGHTS TO END THE CONTRACT
7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
7.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 07508 816342 or by writing to us at firstname.lastname@example.org.
8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
9. PRICE AND PAYMENT
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website order pages when you placed your order.
9.2 When you must pay and how you must pay. We accept payment by credit card or debit card. You must pay for the product in full before we supply it.
10. RIGHTS IN THE PRODUCT
10.1 Ownership of the product. As per Clause 4.3, you own a digital product once we have received payment in full for it and you have downloaded it. However you do not have the right to share it with a third party, or allow a third party to download or stream it.
10.2 Ownership of intellectual property rights. We own all intellectual property in the product content, and in the names “The Positive Motherhood Project” and “Meanings Over Milestones”. Even where you own a digital product, you do not have the right to copy it, publish or distribute it, or send or re-sell it to a third party.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (or the negligence of our agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product including the right to receive a product which is: as described and matches information we provided to you and of satisfactory quality.
11.3 We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
13.2 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.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract 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.
13.5 Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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 product, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts.