Standard Terms for the Purchase of Online and In Person Summits
These terms and conditions apply to Services provided by Flair Business Growth Consultancy Ltd is registered in England number: 5660274 | VAT Number: 108 4297 14 | Registered office: 3Mc Middlemarch Business Park, Siskin Drive, Coventry, West Midlands, CV3 4FJ
You may contact us on [email protected] and/or 01564 627 050.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Summit and/or In Person Summit. Please read these terms and conditions carefully before purchasing an Online Summit and/or In Person Summit and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Summit or In Person Summit then the conflict shall be resolved by applying the following order of priority:
- Summit Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online and In Person Summits;
- Website Disclaimer.
For purchases via our website, by clicking on the “Complete My Purchase” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
- Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Summit Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Summit Materials” means the information provided by Flair Business Growth Consultancy Ltd to accompany a summit provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Flair Business Growth Consultancy Ltd for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Summit” means the delivery by us of an online summit pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Summit and/or the In Person Summit and/or the Summit Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“In Person Summit” means a summit taught by us in a classroom setting to which you attend in person.
“Website” means www.recruitmentpioneers.com
“you” means the individual purchasing the Services.
“Business Day”: any day except Saturdays, Sundays and public holidays in England
- The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the Services.
- Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
Purchasing Services via the Telephone
3.2. To purchase a Service over the telephone please call 01564 627 050. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course on-line.
3.3. When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Flair Business Growth Consultancy Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Summits or multiple In Person Summits, each individual summit will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more summits will not be acceptance by us of your offer to purchase any other summits which make up your order.
- Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Summit and have already attended all or part of the summit then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of summit dates will be at the entire discretion of Flair Business Growth Consultancy Ltd.
- Fees
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT.
5.3. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any In Person Summit or accessing any Online Summit.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Flair Business Growth Consultancy Ltd shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any In Person Summit or your access onto any Online Summit.
- Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Flair Business Growth Consultancy Ltd aims to provide the Services to the highest standards of the industry, neither it, nor its consultants accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Summit Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Flair Business Growth Consultancy Ltd’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Summit or In Person Summit in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Flair Business Growth Consultancy Ltd’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
- Intellectual Property
7.1. All Intellectual Property Rights in the Summit Materials, Online Summits and the speeches made by consultants at the In Person Summits are, and remain, the intellectual property of Flair Business Growth Consultancy Ltd or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Summit Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Summit or In Person Summit given
(iii) use the Summit Materials in the provision of any other course or training whether given by us or any third party consultant;
(iv) remove any copyright or other notice of Flair Business Growth Consultancy Ltd on the Summit Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Summits.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Summits.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Summit Materials in respect of the Online Summit for the sole purpose of completing the Online Summit and / or attending the In Person Summit.
- Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
- Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Flair Business Growth Consultancy Ltd, any consultant who provides the In Person Summits or any delegate who attends any In Person Summit;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other delegates whilst attending the In Person Summits;
- intentionally or recklessly damage property or the property of our employees or other delegates whilst attending the In Person Summits;
- are intoxicated through alcohol or illegal drugs while attending the In Person Summits;
- commit any criminal offence committed at our course venue or where the victim is our employee or delegate;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
- Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
- Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
- Force Majeure
Flair Business Growth Consultancy Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the consultant’s family, illness of the consultant, Government edict or regulation.
- Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
- Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). Our Use of Data is set out in our Privacy Data Policy By purchasing the Services you agree to this Use.
14.2. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.3. If you wish to change or update the data we hold about you, please e-mail [email protected] or contact us on 01564 627 050
- Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
- Notices
You can contact us by any of the following methods:
Email: [email protected]
Post: 3Mc Middlemarch Business Park, Siskin Drive, Coventry, West Midlands, CV3 4FJ
Telephone: 01564 627 050