This is a legal agreement between you (Licensee or you) and Consult Here Ltd (trading as Adrian Dray Consulting) company number 03928976, registered office The Highlands, Copplestone, Crediton, Devon, EX17 5NT (“Adrian Dray Consulting” “Consult Here Ltd” or “We” or “Us” or “Licensor”) for your purchase of Adrian Dray Consulting training (including training materials) and template documents.
Please read these Terms and Conditions carefully before signing up for any training or template documents and print off a copy for your records.
By enrolling in training, accessing training materials or downloading template documents, you and (if you are an employer) your employees and contractors agree to be bound by these Terms and Conditions if you accept them. If you don’t agree with these terms and conditions, you may not use or download any training materials or template documents.
In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Agreement: these Terms and Conditions
Online Ordering Process: The ordering process available through the following websites
Template Documents: any template documents available for free or purchase.
Training: Training supplied by Adrian Dray Consulting as described on our site and during the Online Ordering Process.
Training Materials: any materials which includes online media and printed materials provided by Adrian Dray Consulting as part of the Training.
Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
1 Your Status
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts;
2 How this Agreeement is formed between you and us
2.1 The Agreement shall come into effect when you complete your order via our online checkout. After which you will be prompted to register for an online account where you can access Training, Training materials and Template documents.
2.2 When you signup for free Training, Training Materials or Template Documents the Agreement will made on the basis of you submitting your email address to us.
2.3 As you are contracting in your capacity as a business and where the Training, Training Materials and Template Documents are available to you immediately once you have registered your online account, no cancellation right exists under the Consumer Protection (Distance Selling) Regulations 2000.
3 Supply of Training and Training Materials
3.1 We shall use reasonable endeavours to supply the Training to you in accordance with these Terms and Conditions in all material respects but reserves the right to change the training content of any Training at any time and without notice.
3.2 We shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration.
3.4 We reserve the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training, and We shall notify You in any such event.
4 Supply of Template Documents
4.1 Our Template Documents are provided as standard template versions to be edited and changed to suit each individual user’s circumstances. We do not refund money if you decide, for any reason whatsoever, not to use a document template once it has been purchased.
4.2 Although our Template Documents have been subject to careful review, documents may include technical inaccuracies or typographical errors.
6 Site Availability
6.1 We cannot guarantee that the content on our website will always be available. We are not liable to you if for any reason our website is not available for any period or at any time.
7 Intellectual Property Rights
7.1 All Intellectual Property Rights in the Training, Training Materials and Template Documents are, and remain, the intellectual property of Consult Here Ltd or its licensors, whether adapted, written for or customised for the You or not.
7.2 You are not authorised to:-
(a) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Training Materials or Template Documents without prior written permission;
(b) record on video or audio tape, relay by videophone or other means the Training given
(c) use the Training Materials in the provision of any other course or training whether given by us or any third party instructor;
(d) remove any copyright or other notice of Consult Here Ltd on the Training Materials or Template Documents without our prior written consent;
(e) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Training.
8.1 The Fees for the Training shall be will be as set out on our site and during Online Ordering Process, except in cases of obvious error.
8.2 We are not VAT registered
8.3 Fees are subject to change at any time, such changes will not affect which have already been purchased by you.
8.4 Payment for all Training, Training Materials and Template Documents must be made by credit or debit card.
9 Our Liability
9.1 No part of the provision of Training, Training Materials or Template Documents shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of professional or legal advice.
9.2 Consult Here Ltd shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;
9.3 Consult Here Ltd total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Training shall be limited to the total Charges paid for the Training.
9.4 Consult Here Ltd makes no representation and gives no warranty with respect to any of the Template Documents provided. Our customisable Template Documents are provided without liability of any sort.
9.5 Data Protection compliance services (such as the consultancy sessions and retainer support packages) are delivered under separate Terms of Business, a copy of which is available to genuine clients upon request.
9.6 Nothing in these terms and conditions shall limit or exclude our liability for any matter which we may not legally exclude or limit.
10 Transfer of rights and obligations
10.1 The Agreement between you and us is binding on you and us and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a Agreement, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of an Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
11 Force Majeure
We 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 and other Acts of God, terrorism, strikes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision of this contract is found by a court to be invalid, unenforceable or illegal, the remaining provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14 Third party rights
14.1 Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
14.2 The rights of the parties to rescind or vary the Agreement are not subject to the consent of any other person.
15 Our Right to Vary These Terms and Conditions
15.1 We have the right to revise and amend these terms and conditions from time to time‘ including, but not limited to the following, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
15.2 You will be subject to the policies and terms and conditions in force at the time that you purchased services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you by email of the change to those policies or these terms (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt the email notification).
16 Governing law
The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.