General terms and conditions for the delivery of services from our website and Returns Policy
1. Shooksvensen, a trading name of shooksvensen limited, Incorporated in England and Wales, company no 7906622, reg. office: 53 Royal Court, 123 Connersville Way, CR0 4FS Croydon, UK.
(Supplier, us, or we)
2. The Customer, Consumer, Client or you
Please note: This agreement covers services sold from our website where you are, or act as an individual private person or sole trader.
If the services provided are to an organisation, business or company, we will, in conversation with your representative, agree to use your own T&Cs or a separate version of these T&Cs.
3. Please read all of these terms and conditions.
4. Please see clause 8 for interpretations and definitions.
5. We sell Services from our Website.
5.1. The Services are courses or other learning material delivered online; they are displayed on our Website and are:
5.1.1. Streaming content, which can consist of text and videos directly from website.
5.1.2. Streaming content accessed through other systems (like our Rewired to Relate accessed through TalentLMS, a learning management system).
5.1.3. Downloadable material in Adobe PDF format.
5.1.4. Sessions delivered at specific times (live webinars).
5.2. You have access to all Services online for at least 8 months after purchase.
Downloadable material is yours indefinitely.
5.3. You cannot grant access to these Services or the content of material to other people unless granted written permission by us.
5.4. You cannot record Sessions.
6.1. We offer refunds if you are not 100% satisfied with the Services. For our learning, we will ask you for a reason for your dissatisfaction. It is voluntary to answer this.
6.2. We offer refunds within 14 days of purchase.
7. Any notice that is required to be given in writing pursuant to this agreement shall be validly served by email but shall not be validly served by SMS message.
8. Interpretations and definitions
8.1. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
8.2. Services means anything advertised on the Website and description set out on the Website.
8.3. Session means a webinar (training session) which is delivered by a live person in real time (not recorded).
8.4. Participant is any person accessing a Service or attending a session.
8.5. Website means our website www.shooksvensen.com on which the Services are advertised and described.
8.6. Contract means the legally-binding agreement between you and us for the supply of the Services.
8.7. Order means your purchase of the Service from us following the process set out on the website.
8.9. Confidential Information: information in whatever form relating to you, that are confidential to you which may come to our knowledge in connection with the provision of the Services.
8.10. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
8.11. Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
9. Our duties
9.1. We shall provide the Services with due care, skill and ability.
9.2. All warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of training, we do not guarantee any particular results.
9.3. If we are unable for any reason to provide the Services at the agreed time, we will provide you with as much notice as possible and we shall reschedule the Session.
10. Confidential information
10.1. When registering to use the Services on our Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone and keep them secret.
10.2. We acknowledge that in the course of providing the Services we may have access to Confidential Information (as defined in clause 8).
10.3. We agree not to (except in the proper course of our duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
10.3.1. Any use or disclosure authorised by you or required by law.
10.3.2. Any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others.
10.3.3. Any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
10.4. For the avoidance of doubt, you confirm and understand that the content of each Session is confidential between you, other participants, and us.
10.5. We may, on receiving your written permission, disclose to third parties for marketing and promotional purposes the fact that you are our client and using our Services.
Cancellation and refunds
10.6. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
10.7. You can cancel the Contract by telling us no later than 14 days after the Contract was made if you simply wish to change your mind. Then we must without delay refund to you the price for the Services which have been paid for in advance. This does not affect your rights when the reason for the cancellation is any defective Services.
10.8. The cancellation period will expire after 14 days from the day the Contract was entered into. In a contract for the supply of Services over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
10.9. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
10.10. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
11. Data protection and intellectual property
11.1. You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing you with the Services.
11.2. You consent to the transfer of your personal data to our business contacts (such as server hosts) outside the European Economic Area.
11.3. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content and deliverables used or provided in relation to the Services and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material, content or deliverables to you or to any other person.
11.4. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the Sessions unless explicitly agreed in writing with us.
11.5. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
11.6. You may not without our prior written consent make any audio or visual recordings of all or any part of our Sessions.
11.7. Pre-existing Intellectual Property. Except for rights expressly granted under this agreement, each party will retain exclusive interest in and ownership of its Intellectual Property developed before this agreement or developed outside the scope of this agreement.
12.1. The relationship between us will be that of independent contractor and nothing in this agreement shall render us your employee, worker, agent or partner.
13. Limitation on liability
13.1. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and us providing the Services.
13.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Services.
13.3. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
13.4. The provisions of this clause 14 shall survive termination of this agreement.
14. Force majeure
14.1. Neither party shall be liable for any delay or failure of performance due solely to strikes, fires or other causes beyond its control and without its fault or negligence, provided that we have given notice in writing to you of any such cause for delay or anticipated delay promptly after first obtaining notice thereof and shall have used our best efforts to make deliveries as expeditiously as possible taking such cause for delay into account.
14.2. If we should be unable, due to such a cause, to meet all of our delivery commitments for the services as they become due, we shall not discriminate against Client in favour of any other customer in making deliveries of such services.
14.3. If you believe that the delay or anticipated delay in our deliveries may impair your ability to meet your production schedules or may otherwise interfere with your operations, we may at your option, and without liability to us, cancel outstanding deliveries hereunder wholly or in part.
14.4. We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
15. Entire agreement and previous contracts
15.1. Client acknowledges and agrees that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent).
16.1. No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
17. Third party rights
17.1. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
17.2. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
18.1. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under this agreement.
18.2. You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this agreement.
19.1. If any court or competent authority decides that any of the provisions of this agreement are invalid, unlawful, or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. Governing law and jurisdiction
20.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non‐contractual disputes or claims) shall be governed by and construed in accordance with English law.
20.2. We irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non‐contractual disputes or claims).