1 Our contract with you
2 Your rights to make changes to your order
3 Providing our services to you
4 We may make changes to or suspend or withdraw the services
5 Price and payment
6 How you can cancel your order
7 Our rights to terminate the contract or suspend the services
8 Acceptable use
9 Proprietary rights
10 We may end your rights to use the services and/or terminate the contract
11 Our responsibility for loss or damage suffered by you
12 How we may use your personal information
13 General terms
INFORMATION ABOUT US AND HOW TO CONTACT US
Who are we: We are Modern Methods Marketing Limited (“WBECS”, “we”, “us” or “our” in these Terms), a company incorporated in England and Wales (with company number 07690097) and our registered office address is: C/O Xitax Ltd, Pera Business Park, Nottingham Road, Melton Mowbray, Leicestershire, England, LE13 0PB. Our registered VAT number is GB 126083628.
How to contact us: You can contact us via the chat function available through our website (wbecs.com), or by telephoning our customer service team at +1 415 228 6857 or by writing to us at firstname.lastname@example.org.
IMPORTANT INFORMATION ABOUT THESE TERMS
Do these Terms apply to you? Any reference to “you” or “your”, means you as a recipient of our Services.
What these Terms cover? These Terms set out the agreement between you and us and apply to all dealings in respect of your access to, and use of our Services (as defined in clause 1(a) below).
Why you should read these Terms? You should read these Terms carefully before you submit your order to us or use our Services. These Terms tell you who we are, how we will provide our Services to you, how you and we may change or end the Contract (as defined in clause 3 below), 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.
How will we contact you? If we have to contact you, we will usually do so by writing to you at the email address you provided to us in your order. We may also contact you by telephone or by writing to you at your postal address if you have provided us with these details.
If you do not agree to be bound by these Terms, you must not use our Services.
“Writing” includes emails: When we use the words “writing” or “written” in these Terms, this includes emails.
1.1 Our coaching programmes: On, or via the chat function available through, our website (www.wbecs.com) (together the “Website”), we have set out details of:
(a). the online coaching and certification programmes we provide, including, but not limited to, ‘ACE Coach Accelerator’, ‘Breakthrough Coaching’, ‘Full Summit’, ‘Business Development for Coaches’ and ‘Global Team Coaching Institute’ (each a “Programme”), with each Programme including the creation of specific online programme deliverables, such as, modules and live-virtual module sessions, soft copy handouts and activity sheets, audio and video recordings, soft copy workbooks, research articles, practicum sessions, mastermind groups, live-virtual Q&A and coaching sessions and online community support tools (together with the Website, the “Services”); and
(b). the fees payable for the Services (“Price”).
1.2 Your order: The Services and Price are set out in the purchase order form, which is made available to you, and submitted by you to us, via our Website. When you submit your purchase order form to us, you are making an order., You are agreeing to purchase the Services by making an order.
1.3 How we will accept your order: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us in respect of the Services you have purchased from us in that order (our acceptance of each order made is each a “Contract”).
1.4 If we cannot accept your order: If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the Price or in the description of a Programme or the Services, or for other reasons.
1.5 Promotional materials: Any free-sessions, demos, or advertising issued by us (including, in particular, via the Website), and any descriptions or illustrations provided by us in relation to our business, or a Programme, or the Services, are issued or published for the sole purpose of giving an approximate idea of the Programme and Services described in them. These will not form part of the Contract or have any contractual force.
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the Price or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (see clause 6 below).
3.1 Who we work with: We work with independent mentors, coaches, and trainers (each a “Thought Leader”) to provide the Programme(s) and Services set out in your order. We will use reasonable skill and care in supplying the Services and a Thought Leader to provide the Programme(s) as set out in the order.
3.2 How do our Thought Leaders deliver a Programme: As part of the Services, each Programme is delivered online by a Thought Leader, via our Website.
3.3 When will our Thought Leaders deliver the Programme: We will use all reasonable endeavours to ensure a Thought Leader meets any performance dates specified, in relation to a Programme purchased, in the order but any such dates shall be estimates only and time is not of the essence in respect of any time, date or period specified in the order for delivery of the Services.
3.4 We are not responsible for delays outside our control: If the delivery of the Services is delayed by an event outside our (or a Thought Leader’s) control, then we will contact you as soon as possible to let you know and we will take steps to try to minimise the effect of the delay. Provided that we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for the Services you have paid for but not received.
3.5 We cannot guarantee a Thought Leader: We will use all reasonable endeavours to provide the Thought Leader referred to on our Website in relation to a specific Programme. However, we do not guarantee that a Thought Leader referred to on our Website in relation to a specific Programme will be available to provide all (or part of) that Programme. In the event a Thought Leader referred to on our Website in relation to a specific Programme is not available to provide all (or part of) that Programme to you, we will use all reasonable endeavours to find a replacement Thought Leader. In the event we cannot find a replacement Thought Leader and are not rescheduling the Programme to be held on an alternative date, we will contact you to end or vary the Contract, and if you have not started that Programme, we will refund you the fees you paid for that Programme, or if you have started that Programme, we will refund you for part of the fees you paid for the Programme.
4.1 We may suspend the supply of Services: We may suspend the supply of the Services:
(a). to update and change our Website or a Programme to reflect changes in relevant laws and regulatory requirements, or changes in practice and/or to implement minor technical adjustments and improvements, for example to address a security threat or add functionality; or
(b). to allow a Thought Leader to recover from period of illness or poor health and in such circumstances we would keep you updated and the provisions of clause 3.5 may apply; or
(c). if you are paying for your Programme via instalments and we have not received a payment that is due; or
(d). for other unforeseen reasons which may delay the delivery of the Services.
We aim to contact you as soon as practicable to tell you why we are suspending the delivery of a Programme and explain when and/or how such suspension will cease.
4.2 If you do not give required information to us: We may need certain information from you so that we can supply the Services to you. If so, this will have been stated in the description of the Programmes on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of our asking for it, or if you give us incomplete or incorrect information, we may either terminate the Contract (and clause 4.5 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of these if this is caused by you not giving us the information we need within a reasonable time of our asking for it.
4.3 Interruptions and errors in the Website: We do not guarantee that our Website, any content on it, or a Programme, or the Services delivered, will always be available or be uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of the Website, or a Programme, or the Services for business or operational (including technical) reasons. We aim to give you reasonable notice of any such suspension or withdrawal or restriction.
4.4 No liability for Services that we cannot provide due to an event outside of our control: If any suspension, withdrawal, or restriction to the Services is pursuant to an event outside our control, we will not be liable to you for any period during which the Website and/or a Programme is not available pursuant to such an event but we will aim to contact you as soon as practicable to inform you.
4.5 We may withdraw the Services and/or terminate the Contract: Subject to clauses 7, 8.3 and 10, we may write to you to let you know that we are going to stop providing the Services and/or terminate the Contract. We will let you know at least 24 hours in advance of our stopping the supply of the Services and/or terminating the Contract and will refund any sums you have paid in advance for the Services which will not be supplied.
5.1 Where to find the Price for a Programme: The Price of a Programme (which includes Value Added Tax (VAT) if applicable) will be the price indicated on the order page when you placed your order. We take all reasonable care to ensure that the Price of the Services advised to you is correctly reflected in the payment process. However, please see clause 5.2 for what happens if we discover an error in the Price of Services you order.
5.2 What happens if we got the price wrong: It is always possible that, despite our best efforts, some of the Services may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid under the Contract.
5.3 When you must pay and how you must pay: You must pay the price in accordance with the payment process and payment methods made available to you on our Website which may be provided by our processing partners. To receive the full value of the Services as set out in the order, you would have to pay us in full and in advance of our supplying the Services, either by a single payment or in instalments.
5.4 What happens if you miss an instalment: In cases where we accept payment for your order by instalments payable in advance, if any instalment is not paid on its due date, then we reserve the right to suspend your access to the Services until such payment is received by us.
5.5 What to do if you think an invoice is wrong: If you think an invoice is wrong please contact us promptly to let us know.
6.1 We offer a money-back guarantee: We offer a money back guarantee on each of our Programmes. The details of each money back guarantee varies for each Programme. Please contact us at email@example.com for details on the money-back guarantee for your specific Programme. Each Programme allows for a certain number of days starting on the day following the day on which you paid us for the Services under your order, for you to have changed your mind. If you have not used our Services and you send us your completed cancellation form (see Schedule 1) to firstname.lastname@example.org within the number of days applicable to your Programme, we will refund you in full for the applicable Services under the order.
6.2 No refunds available after the applicable refund period. Each of our Programmes offers a money back guarantee. However, we do not offer refunds after the applicable refund period for your specific Programme has expired, other than in exceptional circumstances which are determined by us in our sole discretion.
7.1 When we have not received your instalment payment: Where you choose to pay for the Services by instalments, if we do not receive your instalment payment and you do not make payment within five (5) days of the date of our reminder to you that payment is due, then we reserve the right at our sole discretion to suspend the supply of the Services until we have received the instalment payment that is due to us and, if we have not received payment within 14 (fourteen) days of the date the payment was due, we will be entitled to terminate the Contract without notice.
7.2 Compensation due to termination of Contract: If we end the Contract in the situation as set out in clause 7.1 above, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of the termination of contract due to your non-payment. This clause is subject to clauses 5.4, 8.3 and 10.
(a). in any way that breaches any applicable local, national, or international law or regulation;
(b). in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(c). for the purpose of harming or attempting to harm minors in any way;
(d). to bully, insult, intimidate or humiliate any person;
(e). to send, knowingly receive, upload, download, use, or re-use any material which we consider in our reasonable opinion to be inappropriate;
(f). to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(g). to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(b). not to access without authority, interfere with, damage, or disrupt any part of our Website or the Services; any equipment or network on which our Website is stored or via which the Services are provided; any software used in the provision of our Website or the Services; or any equipment or network or software owned or used by any third party; and
(c). not to record any Services, including sessions of the Programmes.
9.1 You acknowledge and agree that we and/or our licensors own intellectual property rights in original work in the Website and the Services. Except as expressly stated in these Terms, we do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website or the Services.
9.2 We confirm that we control any intellectual property rights in relation to the Website and the Services that pursuant to which any grants of rights to you is expressly made under these Terms.
9.3 You may share different types of information and documents with us, or our Thought Leaders, when you make use of our Services. You have sole responsibility for such information and documents. You must own, or have the right or permission to submit and share, such information and documents, and you grant us a non-exclusive, irrevocable, royalty-free, worldwide licence to reproduce and use such information and documents.
9.4 We use access-control and copyright-protection technology. An on-line connection is required to authenticate our Services and verify your account with us. Our Services may require installation of additional components for our copyright-protection technology to work properly. We reserve the right to validate your account, from time to time, through online authentication. If your account is not authenticated, you may not be able to use our Services.
10.1 Notwithstanding any other clauses in these Terms, we may end your rights to use the Services and/or terminate the Contract at any time if you have breached these Terms.
10.2 If we end your rights to use the Services and/or terminate the Contract:
(a). you must stop all activities authorised by these Terms, including your use of the Services accessed via the Website; and
(b). we may disable your registration account with us and we shall have no lability to you in relation to any content stored or accessed by you via your account (as applicable);
(c). no refund will be available to you and we will not be liable to you for any fees paid by you in respect of Services paid for but not received; and
(d). all sums due and owing to us shall be immediately paid by you to us.
This section of the Terms is important. Please take your time and read it carefully before you agree to these Terms.
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes any liability on our part for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your statutory rights in relation to the Services including the right to receive digital content which are as described, fit for any particular purpose made known to us and of satisfactory quality.
11.2 You agree and accept that the Services are provided on an “as-is” basis and your use of the Services is at your own risk: We cannot and do not guarantee the accuracy or completeness of the Services or of any information or documentation contained in or shared or received via the Services and you rely on the Services at your own risk.
11.3 We are responsible to you for foreseeable direct loss and damage caused by us: If we fail to comply with these Terms, we are responsible for direct loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is indirect or not foreseeable. Loss or damage is indirect if the act or omission on our part was not the proximate cause of that loss or damage. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you accepted the Terms, both we and you knew it might happen.
11.4 When we are liable for damage caused by defective digital content: If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow user instructions or to have in place the minimum system requirements advised by us.
11.5 We are not liable for business losses: Where you are an individual consumer, we only supply Services for domestic and private use. If you use the Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other business related loss or damage.
11.6 Our liability is limited: Except as specified in clause 11.1, our liability to you for breach of these terms or on any other basis is limited to the Price you paid under the Contract.
12.2 Please be aware that internet transmissions are never completely private or secure and that any message, document, or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is, or that parts of the Services are stated as being, encrypted.
13.1 We reserve the right to amend these Terms and any Contracts between you and us: We reserve the right to amend these Terms and any Contracts between you and us by giving you advance written notice.
13.2 We may transfer any Contracts between you and us to someone else: We may transfer our rights and obligations under these Terms and Contracts between you and Us to another organisation. We aim to tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
13.3 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.
13.4 Nobody else has any rights under these Terms and any Contracts: These Terms and any Contracts between you and us do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
13.5 If a court finds any part of these Terms or any Contracts unlawful, the rest will continue in force: Each of the clauses of these Terms or any Contracts between you and us operates separately. If any Court or relevant authority decides that any of them is unlawful, the remaining clauses will remain in full force and effect.
13.6 Even if we delay in enforcing these Terms or any Contract, we can still enforce these later: Even if we delay in enforcing these Terms or any Contracts between you and us, 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 any Contracts between you and us, or if we delay in taking steps against you in respect of your breaches, that will not prevent us taking steps against you at a later date.
13.7 Which country’s laws apply to these Terms or any Contract, and to any disputes between us: These Term or any Contracts between you and us, their subject matter and their formation are governed by the laws of England and Wales. You and we both agree that the Courts of England and Wales will have the exclusive jurisdiction, except that if you are a resident of Scotland you may also bring legal proceedings in Scotland and if you are a resident in Northern Ireland you may also bring legal proceedings in Northern Ireland.
MODEL CANCELLATION FORM
You will have to complete and return this form to us by email to email@example.com if you wish to cancel your order.
To: Modern Methods Marketing Limited, t/a WBECS
C/O Xitax Ltd, Pera Business Park, Nottingham Road, Melton Mowbray, Leicestershire, England, LE13 0PB
Telephone no.: +1 415 228 6857
I hereby give notice that I cancel my contract of sale of the following services:
[INSERT SERVICES WHICH YOU ORDERED BUT WOULD NOW LIKE TO CANCEL]
The services above were ordered on [INSERT DATE] by:
[INSERT YOUR NAME]
[INSERT YOUR ADDRESS]
[SIGN OFF WITH YOUR NAME]
[INSERT DATE OF YOUR SENDING THIS FORM TO US]