Terms and Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY

You can find the following Terms & Conditions here:

Terms & Conditions of Website Use
Terms & Conditions of Supply of Services (External Online Training Events)
Terms & Conditions of Business – Available on request

Terms and Conditions of Website Use

1 About my Terms

1.1 Thank you so much for visiting my website (the Site).These Terms explain how you may use this Site.
1.2 References in these Terms to the Site includes all associated web pages.
1.3 You should read these Terms carefully before using the Site.
1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact me by e-mail: team@simonahambelt.com
1.7 Definitions
Content  –  means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Terms – means these terms and conditions of use as updated from time to time under clause 11;
Acceptable use policy – means the policy set out at the end of these Terms
Cookie policy –  means the policy here which governs how I use cookies in the Site;
I, me or my – Simona Hamblet of 1 Eagle Road, Guildford, GU1 4HX
Online terms and conditions for the supply of goods or services – means any terms and conditions which will apply to you ordering goods or services using the Site;
Privacy policy – means the policy here which governs how I process any personal data collected from you;
Submission –  means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;
You or your – means the person accessing or using the Site or its Content.
1.8 Your use of the Site means that you must also comply with my Acceptable Use policy, my Privacy policy, my Cookie policy and my Online terms and conditions for the supply of goods or services, where applicable.

2 Using the Site
2.1 The Site is for your personal use only.
2.2 You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.
2.3 I seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact me at team@simonahamblet.com
2.4 I may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3 Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by me. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). I reserve all of my rights in any intellectual property in connection with these Terms. This means, for example, that I remain owner of them and free to use them as I see fit.
3.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.

4 Submitting information to the Site
4.1 While I try to make sure that the Site is secure, I cannot guarantee the security of any information that you supply to me and therefore I cannot guarantee that it will be kept confidential. For that reason, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable.
4.2 I may use any Submissions as I see reasonably fit on a free-of-charge basis. I shall not be legally responsible to you or anybody else for any use of Submissions.

5 Accuracy of information and availability of the Site
5.1 While I try to make sure that the Site is accurate, up-to-date and free from bugs, I cannot promise that it will be. Furthermore, I cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.2 I may suspend or terminate operation of the Site at any time as I see fit.
5.3 Content is provided for your general information purposes only and to inform you about me and my products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5.4 While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise the uninterrupted use by you of the Site.

6 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. I have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that I endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Acceptable Use Policy
7 Acceptable use
7.1 As a condition of your use of the Site, you agree:
7.1.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms
7.1.2 not to use the Site to commit any act of fraud;
7.1.3 not to use the Site to distribute viruses or malware or other similar harmful software code;
7.1.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
7.1.5 not to use the Site to simulate communications from me or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
7.1.6 not to use the Site in any manner that disrupts the operation of my Site or business or the website or business of any other entity;
7.1.7 not to use the Site in any manner that harms minors;
7.1.8 not to promote any unlawful activity;
7.1.9 not to represent or suggest that I endorse any other business, product or service unless I have separately agreed to do so in writing;
7.1.10 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
7.1.11 not to attempt to circumvent password or user authentication methods.

8 Interactive services
8.1 I may make interactive services available on the Site, for example areas where you can comment on Content.
8.2 I am not obliged to monitor or moderate Submissions to my interactive services. Where I do monitor or moderate Submissions I shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
8.3 I may remove or edit any Submissions to any of my interactive services whether they are moderated or not.
8.4 Any Submission you make must comply with my Submission standards set out below.

9 Submission standards
9.1 Any Submission or communication to users of my Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in my discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
9.1.1 your own original work and lawfully submitted;
9.1.2 factually accurate or your own genuinely held belief;
9.1.3 provided with the necessary consent of any third party;
9.1.4 not defamatory or likely to give rise to an allegation of defamation;
9.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
9.1.6 unlikely to cause offence, embarrassment or annoyance to others.

10 Linking and framing
10.1 You may create a link to my Site from another website without my prior written consent provided no such link:
10.1.1 creates a frame or any other browser or border environment around the content of my Site;
10.1.2 implies that I endorse your products or services or any of the products or services of, or available through, the website on which you place a link to my Site;
10.1.3 displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or
10.1.4 is placed on a website that itself does not meet the acceptable use requirements of this Policy.
10.2 I reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by me to remove any such link.
11 Using my name and logo
11.1 You may not use my trademarks, logos or trade names except in accordance with these Terms.

12 Breach
12.1 I shall apply these Terms in my absolute discretion. In the event of your breach of the Terms I may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action I consider necessary to remedy the breach.

13 Limitation on my liability
13.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
13.1.1 losses that:
(a) were not foreseeable to you and me when these Terms were formed; or
(b) that were not caused by any breach on my part
13.1.2 business losses.

14 Variation
No changes to these Terms are valid or have any effect unless agreed by me in writing. I reserve the right to vary these Terms from time to time. My updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by me. It is your responsibility to check these Terms from time to time to verify such variations.

15 Disputes
15.1 I shall try to resolve any disputes with you quickly and efficiently.
15.2 If you are unhappy with me please contact me as soon as possible to let me know.
15.3 If you want to take court proceedings, courts of England and Wales will have exclusive jurisdiction in relation to these Terms.
15.4 The laws of England and Wales will apply to these Terms.

Terms and Conditions for the Supply of Services (External Online Training Events)

We are pleased you have decided to use my services or resources – please read the following important terms and conditions before you commit to using them.

This contract sets out:
• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.

The intention is that it will bring clarity to our relationship and provide a good solid foundation for our working relationship, so that we can focus on the important things for you! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

In this contract:
• ‘I’, ‘me’, ‘we’ or ‘my’ means Simona Hamblet, and
• ‘You’ or ‘your’ means the person buying or using my services and resources.

If you would like to speak to me about any aspect of this contract, please contact me at e-mail team@simonahamblet.com.

Background
Under this agreement I provide leadership, management, and business training to individuals in relation to their careers (‘services’) on specific dates set in advance. My services are not suitable for domestic tasks or consumers and therefore consumer protection legislation does not apply to this agreement. This agreement is only for individuals attending training events hosted by me externally from your business and does not apply to training provided in-house for businesses (for which there are separate Terms and Conditions).

I am a sole trader and my trading address is 1 Eagle Road, Guildford, GU1 4HX.

1.1 If you buy services from me you agree to be legally bound by this contract.
1.2 If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment.
1.3 When buying any services or using any resources you also agree to be legally bound by:
1.3.1 my website terms of use and privacy policy;
1.3.2 extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3 specific terms which apply to my services, for example service descriptions which may be set out on the webpage for those services or in email correspondence between us.

All these documents form part of this contract as though set out in full here.

2 Ordering services from me
2.1 Below, I set out how a legally binding contract to buy services between you and me is made:
2.1.1 You place an order either through a relevant site, ie Eventbrite by clicking on the relevant payment link, by transferring payment to my bank account or by making a paypal payment. Placing you order and making payment does not, however, mean that your order has been accepted.
2.1.2 Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 7 days.
2.1.3 When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
2.1.4 I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services.
2.1.5 I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and me, and
(b) I shall start to carry out the services as set out in the programme description on this website or in a services description agreed between us.

3 Carrying out the services
3.1 The services will be carried out with reasonable care and skill.
3.2 We shall use reasonable endeavours to carry out the relevant training on the dates provided at the date of your buying the services and, in carrying work in relation to the services, but time of performance is not of the essence of this contract. This means where we miss a timescale agreed with you, as long as we have used reasonable endeavours to meet the timescale, this will not entitle you to terminate the contract with us or ask for a refund or any form of compensation.
3.3 All services must be taken on the dates you have booked or they will expire.
3.4 Where, in any offering of the services, there is more than one training course or support session available or you have booked supplementary calls on offer, we will do our best to accommodate a change of date for you, providing we are given at least 7 days’ notice. For much of our training, the groups are small (6-8 people) and any last-minute postponements can therefore have an impact on the dynamics of the session. If you give us less than 7 days’ notice, fail to turn up for the services, or any part of them, or have already rearranged once, you will not be able to reschedule or be entitled to a refund or any compensation for missing it.
3.5 In order to avoid confusion and the possibility of missed or delayed communications, our main forms of communication are limited to emails and telephone calls. Although we may respond to other forms of communication, we can only guarantee a timely response to these forms of communication.
3.6 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances. We shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include internet failure or other IT problems, unexpected issues arising with the venue, or if one of our team is ill.
3.7 To the maximum extent permitted by law, we exclude any and all implied warranties in respect of the services, except as expressly set out in this agreement.

4 Your responsibilities
4.1 You will pay the price for the services as set out on the booking site (ie Eventbrite) or on the invoice provided.
4.2 You will provide us promptly with such information and assistance (and ensure that any information is complete and accurate) as we reasonably need to provide the services.
4.3 If you are in breach of this contract, we reserve the right to suspend or curtail the services as we see fit.
4.4 You agree:
4.4.1 to obtain and maintain all necessary licences and consents (where relevant) and comply with all relevant legislation in relation to the receipt by you of the services; and
4.4.2 to ensure that you have the right to share any information or materials you might choose to share with us, or other delegates, including any Intellectual Property Rights.
4.5 If the performance of our obligations under these terms is prevented or delayed by any of your acts or omissions, or those of your agents, subcontractors, consultants or employees, we shall not be liable for any costs or losses incurred by you that arise directly or indirectly from such prevention or delay.
4.6 You warrant that you have the right to disclose the confidential information and any materials to us and to authorise us to use it for the purpose of providing the services.

5 Prices and payment
5.1 All prices quoted are exclusive of VAT.
5.2 The price for the services is set out on the relevant booking site, our website, or in the invoice sent to you.
5.3 We require full payment at the time of booking for online bookings, or within 48 hours where an invoice is submitted, but in any event and in all circumstances, we require full payment in advance in order to provide the services.
5.4 The fees are non-refundable except, where we cancel the services (other than under 10.3 below), you are entitled to a partial refund for services which you have paid for in advance and which you have not received.
5.5 In view of our clear no-refund policy, we do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, without you seeking repayment from us first: you shall be in breach of this contract; you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach; and we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
5.6 If any of your payments are not paid on the due date above, your space on the training event will be released, and we can no longer guarantee a place at the training event.
5.7 We shall be entitled to charge to you any sums reasonably incurred by us in recovering outstanding sums from you including professional and collection agency fees.

6 Intellectual property
6.1 In this agreement, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
6.2 If we provide you with any materials during the services, whether digital or printed, any Intellectual Property Rights in those materials belongs to us and unless we agree otherwise you can only use those materials for your own internal business purposes to obtain the benefit of our services. You may not use such materials for any other purpose and you may not share them with third parties.

7 Confidential Information
7.1 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
7.2 During the provision of the services you may become aware of confidential information shared by other delegates. You agree to keep strictly confidential any information shared by delegates and not to share it with any third parties. You will not use the confidential information of any delegates of any training or other group sessions, for your own benefit except with the explicit consent of that delegate.
7.3 For the purpose of these terms, confidential information means any information one party, or a delegate, supplies to the other which it reasonably expects to be kept confidential including but not limited to client or attendee lists or information, contacts, financial data, sales data, supply sources, business opportunities for new or developing business plans and models, or trade secrets.
7.4 Each party shall keep the confidential information disclosed to it confidential and, except for the purposes of providing the services, or with the other party’s prior written consent, shall not:
7.4.1 use or exploit the confidential information in any way; or
7.4.2 disclose or make available confidential information in whole or in part to any third party.
7.5 The obligations in 7.2 will not apply to confidential information which:
7.5.1 has ceased to be confidential through no fault of the other party;
7.5.2 was already in the possession of the recipient before being disclosed by the other party;
7.5.3 has been lawfully received from a third party who did not acquire it in confidence; or
7.5.4 is required to be disclosed by law.
7.6 Neither of us shall use the other party’s confidential information for any purpose other than to perform our obligations under this contract.

8 Personal Data and Data Processing
8.1 In this clause:
8.1.1 ‘Data Protection Legislation’ means as applicable and binding on you and/or us i) in the United Kingdom, the GDPR, and/or any corresponding or equivalent national laws or regulations; (ii) in member states of the European Union: the GDPR, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and (iii) any applicable laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Legislation from time to time;
8.1.2 ‘Personal Data’, ‘Data Subject’, ‘Data Processor’ and ‘Data Controller’ shall bear the defined meanings allocated to them in Data Protection Legislation; and
8.2 We will only use the personal information you give to us to:
8.2.1 provide the services;
8.2.2 process your payment for the services; and
8.2.3 inform you about any similar products and services that we provide (though you may stop receiving this information at any time by contacting us).
8.3 We shall not give your personal information to any third party unless you agree to it.
8.4 For full details, read our privacy notice.

9 Resolving problems
9.1 In the unlikely event that there is a problem with the services, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
9.2 The terms of this contract will apply to any re-performed services.

10 End of the contract
10.1 If a services description specifies a length of time for services to be provided, then subject to clause 10.3 below, the services will terminate at the end of that timeframe.
10.2 Either you or we may terminate the services and this agreement immediately if:
10.2.1 the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 14 days after being notified to make such payment;
10.2.2 the other party commits any other material breach of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the contract for services and this agreement will be terminated if the breach is not resolved; or
10.2.3 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
10.3 If this agreement is ended it will not affect our right to receive any money which you owe to us under it and it will not operate to affect any provisions that expressly or by implication survive termination.

11 Limit on our responsibility to you
11.1 Nothing in this agreement shall limit or exclude our liability for:
11.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
11.1.2 fraud or fraudulent misrepresentation; or
11.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.2 Subject to clause 11.1:
11.2.1 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit; loss of income; loss of sales or business; loss of management time; loss of business opportunity; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; or any indirect or consequential loss arising under or in connection with any contract between us; and
11.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for our services which gave rise to the loss.
11.3 This limitation on liability is an integral part of the commercial bargain between you and us and was a controlling factor in the setting of the fees payable to us under these terms.

12 Disputes
12.1 We shall try to resolve any disputes with you quickly and efficiently.
12.2 If we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to any contract entered into pursuant to this agreement.
12.3 The laws of England and Wales will apply to any contract entered into pursuant to this agreement

13 Non-disparagement
13.1 If there is a dispute between us, you agree not to publicly or privately make any negative or critical comments about our services, or to communicate with any other individual, company or entity in a way that disparages the services or harms our reputation in any way, including on social media.

14 General
14.1 Amending the agreement. No variation of this agreement shall be valid or effective unless it is in writing and is agreed to by us.
14.2 This is our entire agreement with you. This agreement constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

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