TERMS of Sale
Last Updated 22nd September 2022
BACKGROUND:
These Terms of Sale set out the terms under which Paid Content is sold by Us to business customers through this this website, https://kaffeinavirtualassistant.com/ (“Our Site”) or via https://www.podia.com/ Please read these Terms of Sale carefully and ensure that You understand them before purchasing Paid Content from Us. You will be required to read and accept these Terms of Sale when making a purchase. If You do not agree to comply with and be bound by these Terms of Sale, You will not be able to purchase Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” | means a contract for the purchase of Paid Content, as explained in Clause 6; |
“Data Protection Legislation” | means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended; |
“Paid Content” | means the digital content (to include but not limited to Canva templates, ebooks and PDFs) plus live or pre-recorded courses sold by Us through Our Site; |
“Purchase Confirmation” | means Our acceptance and confirmation of Your purchase; |
“Course(s)” | means a live or pre-recorded (as detailed in the description) cloud based session on the subject matter detailed in the description. Such Courses may be a single or series of sessions; |
“You/Your” | means the person or business making the purchase; |
“We”/”Us/Our” | means Francesca Scomparin t/a Kaffeina Virtual Assistant of 7 Warwick Road, 67 Warwickgate House, Old Trafford, Manchester, M16 0RZ |
2. Information About Us
Our Site, https://kaffeinavirtualassistant.com/ is owned and operated by. The website https://www.podia.com/ is a third party platform owed by Podia Labs Inc (“Podia”).
Where You purchase Digital Content via Podia Your purchase will be governed by these Terms of Sale in addition to any terms and conditions of Podia.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is Your responsibility to make any and all arrangements necessary in order to access Our Site. You must also ensure, prior to purchase, that Your computer or electronic device is capable of receiving the Digital Content. We take no responsibility for Your failure to access Digital Content due to technical errors on Your side. This includes, but is not limited to, failure in your internet connection, IT errors on Your devices or Your lack of suitable location to concentrate on the Digital Content.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Business Customers and Consumers
4.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). If You are a consumer please contact us via email at kaffeinava@gmail.com before making a purchase.
4.2 These Terms of Sale constitute the entire agreement between Us and You with respect to Your purchase of Paid Content from Us. You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5. Paid Content, Pricing and Availability
5.1 We may from time to time change Our prices. Changes in price will not affect any purchases You have already made and will apply to any subsequent purchases.
5.2 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
5.3 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will detail those changes prior to Your purchase.
5.4 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You.
5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.
5.6 At present We are not VAT registered and our prices do not therefore include VAT. If we subsequently become VAT registered the amount of VAT payable will be automatically adjusted prior to taking payment.
Courses
5.7 Where You attend a live Course You should be aware that other participants will also be in attendance. When signing into any such live Courses We recommend You only use Your first name. You should also ensure, if given the opportunity to speak, You do not divulge any sensitive information You do not want others to know. Similarly You must be respectful of other participants. In the event that You cause a disturbance You will be removed from the Course. Whether Your behaviour constitutes a disturbance is at Our sole discretion to determine. In the event that You are removed from a Course You will not be entitled to a refund of any payment made.
6. Orders – How Contracts Are Formed
6.1 Our Site or Podia will guide You through the process of purchasing. Before completing Your purchase, You will be given the opportunity to review Your order and amend it. Please ensure that You have checked Your order carefully before submitting it.
6.2 If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Purchase Confirmation by email. Only once We have sent You a Purchase Confirmation will there be a legally binding Contract between Us and You.
6.4 Purchase Confirmations shall contain the following information:
6.4.1 The item purchased;
6.4.2 What You may use the Paid Content for;
6.4.3 Details of the main characteristics of the Paid Content available as part of it;
6.4.4 The cost of Your purchase including, where appropriate, taxes, and other additional charges.
6.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.
6.6 Any refunds due under this Clause 6 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.7 Refunds under this Clause 6 will be made using the same payment method that You used when making Your purchase.
7. Payment
7.1 Payment must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Purchase Confirmation.
7.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
7.3 We accept the following methods of payment on Our Site:
7.3.1 Stripe
7.4 If You believe that We have charged You an incorrect amount, please contact Us at kaffeinava@gmail.com as soon as reasonably possible to let Us know.
8. Provision of Paid Content
8.1 The Paid Content will be available to You immediately when We send You a Purchase Confirmation.
8.2 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.2.1 To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.2;
8.2.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.2; or
8.2.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.3.
9. Licence
9.1 When You purchase Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
9.2 The licence granted to You under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
9.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
10. Cancelling Your Order and missed dates
10.1 We cannot offer any refunds should You chose to cancel Your order.
10.2 It is Your responsibility to ensure that You are able to attend any Courses on the dates and times detailed. However if You miss a Course session a recording will be made available to You on request. Your failure to attend any Course does not entitle You to any refund, whether in whole or part, of the payment made.
10.3 We aim to start Courses on the date and time specified. However, on occasions outside of Our control, Courses may start up to 15 minutes late.
11. Ending the Contract Because of Something We Have Done (or Will Do)
11.1 If availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. See sub-Clause 13.2.6 for more information. If You end the Contract for this reason, We will issue You with a refund.
11.2 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.
11.3 If You wish to exercise Your right to cancel under this Clause 11, You may inform Us of such via email to kaffeinava@gmail.com You should provide us with Your name, address and email address.
11.4 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
11.5 Refunds under this Clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel. Refunds under this Clause 11 will be made using the same payment method that You used when making Your purchase.
12. Our Liability
12.1 Subject to sub-Clause 12.3, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.
12.2 Subject to sub-Clause 12.3, Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by You under the contract in question.
12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 We will take all reasonable steps to minimise the delay;
13.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.4 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
13.2.5 If the event outside of Our control continues for more that 30 days We will cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that You used when making Your purchase.
13.2.6 If an event outside of Our control occurs and You wish to cancel the Contract as a result, You may do so by contacting us via email at kaffeinava@gmail.com You should provide us with Your name, address and email address.
14. Communication and Contact Details
If You wish to contact Us with general questions, complaints or feedback You may contact us by email at kaffeinava@gmail.com or by post using our correspondence address detailed at sub-Clause 2.1.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our combined Privacy & Cookie Policy at https://kaffeinavirtualassistant.com/privacy-policy/
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
17. Law and Jurisdiction
17.1 These Terms of Sale, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 Any disputes concerning these Terms of Sale, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.