Terms and Conditions

BACKGROUND:

(A) These Terms of Sale set out the terms and conditions on which Paid Content, is sold by Us to business clients through this website, www.nobsconsultancy.com (“Our Site”).

(B) Terms and information that are specific to accessing sessions of Paid Content presented by a Business Consultant from or via Our Site.

(C) These Terms of Sale, as well as any and all Contracts, are in the English language only.

(D) These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

1. Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Business Consultant” means the adviser/consultant or other individual who presents the Paid Content and/or who interacts with You online during any session of Paid Content;

“Background Items” means general resources (background and other information or material) relevant to the consultation, advice, guidance, or information to be provided to You, all of which resources are downloadable or viewable as text/graphics;

“Contract” means a contract between Us and You for the purchase of an Empower Hour, as explained in Clause 7;

“Data Protection Legislation” means all legislation in force in the UK from time to time relating to data protection and privacy including, but not limited to, the Data Protection Act 2018, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any other directly applicable EU regulation relating to data protection and privacy (for as long as, and to the extent that, EU law has legal effect in the UK) and any successor legislation relating to data protection and privacy;

“Paid Content” means any session of consultation, advice, guidance, or information, or any materials or other information related thereto, which We offer, comprised of any content (including text, graphics, images, audio, video and other content) sold by Us through Our Site and made available by Us via Our Site by means of (a) two way synchronous live stream audio and/or video technology, e.g. Zoom, GoToMeeting, Skype for Business (part of Teams), WebEx;

“We/Us/Our” Means No BS Consultancy a company registered in England under 13543815, whose registered address is Unit 6, Five Oaks Business Park, Geddinge Lane, Wootton, Canterbury, CT4 6RY and whose main trading address is Unit 6, Five Oaks Business Park, Geddinge Lane, Wootton, Canterbury, CT4 6RY; and

“You” means the business client which sets up an Account and purchases Subscriptions. and accesses and uses any Paid Content.

2. Information About Us

2.1 Our Site, www.nobsconsultancy.com, is [owned and] operated by No BS Consultancy , a limited company registered in England under 13543815, whose registered address is Unit 6, Five Oaks Business Park, Geddinge Lane, Wootton, Canterbury, CT4 6RY and whose main trading address is Unit 6, Five Oaks Business Park, Geddinge Lane, Wootton, Canterbury, CT4 6RY.

3. Contacting Us

3.1 If You wish to contact Us with general questions, You may contact Us by email at hello@nobsconsultancy.com.

3.2 For matters relating to Paid Content, please contact Us by by email at hello@nobsconsultancy.com.

3.3 To make a complaint, see Clause 15.

4. Access to and Use of Our Site

4.1 Access to Our Site is free of charge.

4.2 It is Your responsibility to make any and all arrangements necessary in order to access Our Site.

4.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.

5. Business Clients

5.1 These Terms of Sale apply to business clients only. These Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).

5.2 These Terms of Sale constitute the entire agreement between Us and You with respect to Your purchase of Paid Content from Us. You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

6. Paid Content, Pricing and Availability

6.1 We may from time to time change Our prices. Changes in price will not affect any Paid Content that You have already purchased but will apply to any new Paid Content.

6.2 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.

6.3 All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 working days, We will treat Your order as cancelled and notify You of this in writing.

6.4 If We discover an error in the price or description after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 12.4.

6.5 If the price of Paid Content that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order. Subsequent Paid Content will be charged at the new price.

6.6 Prices on Our Site are shown exclusive of VAT.

7. Orders – How Contracts Are Formed

7.1 Our Site will guide You through the process of booking a consultation. Before completing Your booking, You will be given the opportunity to review Your order for the booking and amend it. Please ensure that You have checked Your order carefully before submitting it.

7.2 If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We

will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase Paid Content constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of Your order does not mean that We have accepted it.] Our acceptance is indicated by Us sending You a Booking Confirmation by email. Only once We have sent You a Booking Confirmation will there be a legally binding Contract between Us and You.

7.4 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.

7.5 Any refunds due under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

7.6 Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Paid Content.

8. Payment for Booking

8.1 Payment for Booking must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Booking Confirmation.

8.2 We accept the following methods of payment on Our Site:

  • 8.2.1 Visa Debit/Credit;
  • 8.2.2 Mastercard;
  • 8.2.3 American Express;
  • 8.2.4 Discover.

8.3 If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content.

8.4 If You believe that We have charged You an incorrect amount, please contact Us at hello@nobsconsultancy.com as soon as reasonably possible to let Us know.

9. Our Liability

9.1 Subject to sub-Clause 9.3, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.

9.2 Subject to sub-Clause 9.3, Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be £5million.

9.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot be excluded or restricted by law.

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, or any other similar or dissimilar event or circumstance 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 of Sale:

  • 10.2.1 We will inform You as soon as is reasonably possible;
  • 10.2.2 We will take all reasonable steps to minimise the delay;
  • 10.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
  • 10.2.4 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
  • 10.2.5 If an event outside of Our control occurs [and continues for more than 7 working days] and You wish to cancel the Contract as a result, You may do so in any way You wish. If You would prefer to contact Us directly to cancel, please use the following details:
  • Email: hello@nobsconsultancy.com;
  • Please provide Us with Your name, address, email address, telephone number, and Order Number. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and in any event within 7 working days of the date on which the Contract is cancelled and will be made using the same payment method that You used when ordering Your Booking.

15 Communication and Contact Details

15.1 If You wish to contact Us with general questions or complaints, You may contact Us by email at hello@nobsconsultancy.com.

15.2 For matters relating the Paid Content or Your Booking, please contact Us by email at hello@nobsconsultancy.com.

15.3 For matters relating to cancellations, please contact Us by email at hello@nobsconsultancy.com.

16 Complaints and Feedback

16.1 We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

16.2 If You wish to give Us feedback about any aspect of Your dealings with Us, please contact Us:

16.3.2 [By email, addressed to Chris at hello@nobsconsultancy.com]

17 How We Use Your Personal Information (Data Protection)

17.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.

17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy www.nobsconsultancy.com/privacypolicy [and Cookie Policy www.nobsconsultancy.com/cookiepolicy].

18 Other Important Terms

18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (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 of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

18.2 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 of Sale.

18.3 If any of the provisions of these Terms of Sale 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 of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

18.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

18.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Booking, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.

19 Law and Jurisdiction

19.1 These Terms of Sale, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

19.2 Any disputes concerning these Terms of Sale, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the [non-] exclusive jurisdiction of the courts of England and Wales.