Terms and Conditions
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, 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.
2 Information about us and how to contact us
2.1 Who we are. We are Guide Education, a limited company registered in England and Wales under 08571401, with our registered address at Bryn Llewelyn, High Street, Tywyn, Wales, LL36 9AD. Our registered VAT number is 08571401. We operate the website at www.guideplus.co.uk (the ‘Website’ or ‘our website’).
2.2 How to contact us. You can contact us by using our helpdesk contact form on our website here, or by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 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.
3.2 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 product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4 Your rights to make changes
If you wish to make a change to the product you have ordered 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 of the product, the timing of supply 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 end the contract (see 7- Your rights to end the contract).
5 Our rights to make changes
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
(a) Changes to our products and the availability of our products as explained on our website; or
(b) Changes to services provided to us by third parties.
5.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6 Providing the products
6.1 When we will provide the products. During the order process we will let you know when we will provide the products to you:
(a) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
(b) If the products are ongoing services or a subscription to receive digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in 7 or we end the contract by written notice to you as described in 9.
6.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided 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 any products you have paid for but not received.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, areas of interest. If so, this will have been stated in the description of the products 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 us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 9.2 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 products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b)update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see 5).
6.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 days in a 30 day period, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 10 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.6 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 11.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 11.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 11.5).
7 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see 7.2;
(c) If you have just changed your mind about the product, see 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see 7.7.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see 5.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee we offer, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below in clause 7.6. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see 10.1):
- Right under the Consumer Contracts Regulations 2013:
14 day period to change your mind.
- How our goodwill guarantee is more generous:
For digital content and/or services, up to 6 months from the date of your purchase, provided that we have not provided any digital content or services.
For gift cards purchased for digital content and/or services, up to 12 months from the date of your purchase, provided that the gift card has not been redeemed for any digital content or services.
7.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b)services, once these have been completed, even if the cancellation period is still running.
7.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, personalised mentoring)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming (for example, a monthly or annual subscription for educating masterclasses)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
7.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8 How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b)Online. Complete the helpdesk contact form on our website here.
8.2 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract
8.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you fail to adhere to any of the conditions for use of our website, as set out below in Section III.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10 If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us using our helpdesk contact form on our website here or email email@example.com.
11 Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we get the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's 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 unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment by credit, debit cards, Paypal or Gpay. When you must pay depends on what product you are buying:
(a) For digital content, you must pay for the products before you download them.
(b)For services, you must pay for the services in full before we start providing them.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12 Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: of satisfactory quality; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
12.3 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 installation instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 How we may use your personal information
III. TERMS & CONDITIONS FOR YOUR USE OF OUR WEBSITE
14 By using our Website you agree to be bound by these terms and conditions.
14.1 All of the terms, conditions, disclaimers and limitations that appear or are made available to you on our Website (for example, in connection with special offers or promotions) and all of these Terms & Conditions, as they may be amended from time to time.
14.2 If you do not agree to these terms, you must not use our site.
15 Other terms that apply to you.
16 We may make changes to these Website terms.
16.1 We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
17 We may make changes to our Website.
17.1 Your continued use of our Website will constitute your acceptance of any changes and your agreement to comply with all the current terms and conditions of the Website.
18 Our Website is available free of charge.
18.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
19 Our Website is directed to people residing in the United Kingdom.
19.1 We do not represent that content available on or through our site is appropriate for use or available in other locations.
19.2 If you have questions or concerns about our specific terms, please contact us using the customer service form on our website or by email at firstname.lastname@example.org.
20 YOUR OBLIGATIONS WHEN USING THE WEBSITE
20.1 You must keep your account details safe.
20.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
20.4 How you may use material on our Website.
20.5 All text, graphics, logos, icons, images, audio clips, video clips and software on the site (‘Content’) are protected materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned by us or by third parties and the term Content will be used and mean to include these as well.
20.6 Unless authorised in writing by us, you may not use any Content without our consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
20.7 You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium.
20.8 You may not use the Content in a networked computer environment for any purpose other than to transact with our Website as authorised by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site.
20.9 Nothing in these terms shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
20.10 You agree not to do any of the following while using the our Website:
- Intentionally or knowingly, violate any applicable law or regulation, agreement that you are bound by – including these terms – nor the rights of any other party.
- Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities.
- Exceed authorised access, tamper with, or misuse any areas of the Website or its related computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites.
- Frame or link to the Website or any of our other sites, unless permitted in writing by us.
21 INFORMATION ON OUR WEBSITE
21.1 Do not rely on information on our Website.
21.2 The content on our Website is provided for general information only and for the purchase of our products. It is not intended to amount to advice on which you should rely.
21.3 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date.
22 We are not responsible for websites we link to.
22.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
22.2 We have no control over the contents of those sites or resources.
23 User-generated content is not approved by us.
23.1 This Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. Any views expressed by other users on our site do not represent our views or values.
23.2 If you wish to complain about content uploaded by other users, please contact us using the helpdesk contact form on our website.
24 Other important terms
24.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 48 hours of us telling you about it and we will refund you any payments you have made in advance for products not provided.
24.2 You need our consent to transfer your rights to someone else (except that you can always transfer our goodwill guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our goodwill guarantee at 7.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the goodwill guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing a signed statement from you.
24.3 Nobody else has any rights under this contract (except someone you pass your goodwill guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in 24.2 in respect of our goodwill guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
24.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.5 Even if we delay in enforcing this contract, 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 if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
24.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.