James French Trust Technique Limited
Company No: 05613806
Trading as: The Trust Technique Centre
Registered office address: 8 Combe View Cottages, Woodside Road, Chiddingfold Surrey GU8 4RB
Tel: +44 (0) 1428 685944 E-mail: firstname.lastname@example.org Website: trust-technique.com
OUR CONSUMER TERMS
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8
1. THESE TERMS
What these terms cover. These terms and conditions govern the supply of products to you by James French Trust Technique Limited trading as “The Trust Technique Centre”. If you think that there is a mistake in these terms, please contact us to discuss.
WHO WE ARE
2.1 We are James French Trust Technique Limited with company number 05613806, trading as “The Trust Technique Centre”. The Company is registered in England and Wales have their registered office at 8 Combe View Cottages, Woodside Road, Chiddingfold, Surrey, England, GU8 4RB.
WANT TO CONTACT US?
2.2 How to contact us. You can contact us by telephone on +44 1428 685 944; by email at email@example.com or by writing to us at our registered office address:
8 Combe View Cottages, Woodside Road, Chiddingfold, Surrey, England, GU8 4RB.
2.3 Who you are. For the purposes of these terms and conditions you will either be a Consumer Customer or a Trade Customer.
2.3.1 Consumer Customer. You will be a Consumer Customer if you are an individual who is acting for purposes which are wholly or mainly outside of your trade, business, craft or profession.
2.3.2 Trade Customer. You will be a Trade Customer if you are buying goods or services from us in the course of your trade, business, craft or profession.
HOW WE WILL CONTACT YOU
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
FORMING OUR CONTRACT WITH YOU
3.1 How we will accept your order. We will accept your order by emailing you an order acceptance confirmation email to the email address you have provided us with. A contract will come into existence between you and us only once we have sent this confirmation email and we have received payment in full from you for the products.
4.1 Definition of products. These terms refer to the goods, digital content and services which we provide (together “products”).
4.2 Definition of goods. In these terms any reference to “goods” includes, but is not limited to, CDs (such as the Animal Communication Training Level 1 (ACT 1) CDs) which customers purchase as part of certain courses and/or qualification provided by us.
4.3 Definition of digital content. In these terms any reference to “digital content” includes, but is not limited to, certain information on our website including, but not limited to, The Trust Technique Video Course and the Crossfields Institute Level 3 Diploma in Mindfulness for people with their animals: Trust Technique Practitioner, online course, and social media pages.
4.4 Definition of services. Any reference to “services” in these terms includes (but is not limited to):
4.4.1 one-on-one consultations provided to you by James French and/ or Shelley Slingo;
4.4.2 all courses and/or qualification which we provide including, but not limited to The Trust Technique Video Course, the I Have a Dream Workshop, The Trust Technique Clinic, The Crossfields Institute Level 3 Diploma in Mindfulness for people with their animals: Trust Technique Practitioner, and on-line courses; and
4.4.3 the website listing services that we provide to certain practitioners. For example, to qualified Trust Technique Practitioners.
4.5 Products may vary slightly from their pictures or descriptions. We cannot guarantee that the website display accurately reflects the products.
WANT TO MAKE CHANGES TO OUR PRODUCTS OR SERVICES?
5.1 We have the right to accept or reject any and all proposed changes to our products or services.
5.2 If you wish to make a change to the product you have ordered please contact us and we will let you know if the change is possible.
5.3 If we deem, for any reason, it is not possible or desirable to change or alter our products or services you are forbidden from doing so.
5.4 Failure to comply with our determination could result in the forfeiture of your payment, cancellation or suspension of our products or services and any and all legal recourse options available to us.
PROVIDING THE PRODUCTS
6.1 Delivery costs for goods. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products.
6.2.1 If the products are goods. If the products are goods we will deliver them to you within 30 days after the day on which we accept your order.
6.2.2 If the products are services. If we are providing services on a set date or at a set time, for example a course or consultation, we will carry out the services on that date or at that time.
6.2.3 If the product is digital content. We will make the digital content available for download by you as soon as we have accepted your order. In relation to some of our online courses and/or qualification, for example the Crossfields Institute Level 3 Diploma in Mindfulness for people with their animals: Trust Technique Practitioner; you will only have access to some digital content when we accept your order. You may be required to complete certain learning objectives to gain access to additional digital content. For example, Module 3 online tutorials in relation to this qualification cannot be accessed until you have completed Modules 1 and 2.
6.2.4 If the products are an ongoing subscription to receive services or digital content. We will supply the services or digital content to you until either the services are completed, the subscription expires, you end the contract as described in clause 9 or we end the contract as described in clause 11.
6.3 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. However, if you are a Consumer / Customer and 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.
6.4 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us.
6.5 When you own goods. You own the goods once we have received payment in full.
6.6 If we are providing services on your premises. If we are carrying out services for you on your premises we must agree a mutually acceptable date and time for us to have access to your premises to carry out the services agreed.
RESPONSIBILITIES WHEN WE ARE ON YOUR PREMISES
6.7 If we are carrying out services on your premises, you are responsible for:
6.7.1 providing adequate parking for us;
6.7.2 ensuring we can gain clear and safe access to your property to provide the services; and
6.7.3 ensuring that your premises and the surrounding area are safe and suitable for us to carry our work.
6.8 Reasons we may suspend performance of our services on your premises. We reserve the right to suspend, cancel or charge you additional fees for the provision of services on your premises in the following circumstances:
6.8.1 we have arrived at your premises at the agreed time and date but are unable to access the premises for any reason other than fault of our own;
6.8.2 legal parking is not provided or available at, or in close distance to, your premises;
6.8.3 we are unable to obtain clear and safe access to the premises; or
6.8.4 we have determined that our health and safety cannot be guaranteed.
6.9 Additional reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
6.9.1 deal with technical problems or make minor technical changes or updates;
6.9.2 update the product to reflect changes in relevant laws and regulatory requirements; or
6.9.3 make changes to the product as requested by you or notified by us to you (see clause 5).
YOUR RESPONSIBILITIES AND OBLIGATIONS
7.1 Your obligations if we are providing services to you.
7.1.1 Inappropriate behaviour. We operate a zero tolerance policy in relation to inappropriate behaviour and, in particular, abusive or violent behaviour directed at us, our staff or any other person or animal on the premises.
7.1.2 Health & Safety. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises or that have been notified to you by us or a member of our staff. Use of the premises. If the services are being provided to you on our premises you must only use the premises for the purposes of participating in the services.
7.1.3 Animals in your care. If we are providing services to you with an animal that is in your care present, you acknowledge the behaviour and actions of that animal are entirely your responsibility, regardless of whether you are the legal owner of the animal or not. You agree to make all reasonable endeavours to ensure that the animal in your care will not pose a danger or threat to any other person or animal during the provision of the services.
WHAT IF YOU DON’T COMPLY?
If you do not comply with the terms of this clause 7.1 we reserve the right, subject to our reasonable discretion, and without liability or an obligation to refund any sums you have paid, to:
188.8.131.52 suspend or cancel the provision of the services to you; and / or
184.108.40.206 if the services are being provided at our premises, ask you to leave the premises immediately.
7.2 Your obligations if we are providing digital content to you.
7.2.1 Use of the digital content. You agree not to use the website, members’ area or any other digital content which we have provided you access to, in any way that could harm the reputation or goodwill of our business, or is unlawful, illegal, fraudulent, or harmful.
7.2.2 You also agree that you will not use the website, members’ area or any other digital content we have provided you access to for:
220.127.116.11 marketing yourself, a company you run or any other company, unless:
18.104.22.168.1 we have given you our prior written consent for you to market yourself or a company in this way; and[/or
22.214.171.124.2 you have registered with us and paid your annual subscription to be on our online listings page as an Animal Communication Practitioner or a Trust Technique Practitioner.
126.96.36.199 data collection purposes;
188.8.131.52 unsolicited commercial communication; or
184.108.40.206 any other activity unconnected to the provision of the services.
7.2.3 Login Details. You agree to keep your user ID and password confidential.
7.3.1 Use of information we have provided you with. You agree not to use the materials and information we have provided you with for any purpose other than activities connected to the products (unless you have our prior written consent). Such an obligation means you must not:
220.127.116.11 republish information or materials from the website, CDs or other digital content;
18.104.22.168 sell, rent or licence information or materials we have provided you access to;
22.214.171.124 show any such information or materials to the public; or
126.96.36.199 redistribute the information or materials in any way.
7.3.2 Using our name in the course of business. Subject to clause 7.3.3 below, you shall not, at any time during or after the provision of the products, use our name, trading name, logo, slogan or any course name, or present yourself as connected with us in any capacity, if you are acting in the course of business. For the sake of clarity, you will be acting in the course of business if you are being paid (whether in monetary value or other) to provide goods, services or other products.
7.3.3 Clause 7.3.2 will not apply:
188.8.131.52 if we have given you our prior written consent for you to present yourself as connected to us, including in any terms and conditions we have asked you to agree to in connection with a course and/or qualification;
184.108.40.206 to any person, company or other body who is listed as a Trust Technique Practitioner on our website: trust-technique.com.
7.3.4 Other Restrictions: you agree to comply with any other restrictions on (amongst other things) the use of our name, trading name, logo, slogan or any course name, or any course materials or techniques which you sign or which are otherwise notified to you in connection with any course and/or qualification we provide.
HOW TO PROPERLY USE OUR METHODS AND TECHNIQUES
8.1 This clause 8 relates to the Animal Communication Training Level 1 (ACT 1) CD, The Trust Technique Video Course, I Have a Dream Workshop, the Trust Technique Clinic and the Crossfields Institute Level 3 Diploma in Mindfulness for people with their animals – Trust Technique Practitioner Qualification, on-line course (collectively the “ Courses”).
8.2 For the purposes of this clause 8, “ Techniques” means the methods and techniques of communicating with, and healing, animals and coaching and instructing others which are taught, described or explained on or in connection with the Courses.
8.3 If you are a learner on the Animal Communication Training Level 1 (ACT1) CD you:
8.3.1 may conduct practice communications with other people’s animals for the purpose of gaining experience;
8.3.2 shall not deliver consultations, courses or training on or relating to ACT1, in any way, for payment, payment in kind or otherwise.
8.3.3 If you are a learner on The Trust Technique Video Course, Trust Technique Clinic, I Have a Dream Workshop you:
8.3.4 shall only use the Techniques from those courses which you have successfully completed and no other;
8.3.5 may only use the Techniques directly on animals which are owned by, or are the direct responsibility of, you; and
8.3.6 shall not deliver workshops, courses or training on or relating to the Courses or the Techniques, and shall not use the “Trust Technique” name or suggest any connection with us in any way, for payment, payment in kind or otherwise.
8.4 If you are a learner on the Crossfields Institute, Level 3 Diploma in Mindfulness for people with their animals – Trust Technique Practitioner Qualification you:
8.4.1 shall read and adhere to our policies, procedures and code of conduct. These can be found in our Learner Handbook, on our website (trust-technique.com) or are available on request;
8.4.2 shall only use Techniques from those Courses and/or qualification which you have successfully completed (and been certificated for) and no other;
8.4.3 may only practice in the category for which you were enrolled. For example, if you were enrolled on the Module TTP – L3 – M5a “The Trust Technique in Practice – Domestic Animals”, you are not permitted to practice on large animals, as classified in Module TTP – L3 – M5b “The Trust Technique in practice – Large Animals”;
8.4.4 shall only conduct the “Trust Technique Consultation” following completion of the module entitled “Consultation Structure”, which includes (but is not limited to) completing the required risk assessments and the completion and recording of all required client documentation;”
8.4.5 (in relation to the module TTP – L3 – M3 “Gaining own experience in use of The Trust Technique with animals”) may only use the Techniques directly on animals which are owned by, or are the direct responsibility, you or your client and no one else. The client may or may not be present;
8.4.6 (in relation to the modules TTP – L3 – M5a “The Trust Technique in Practice – Domestic Animals” and M5b “The Trust Technique in practice – Large Animals”) may only:
8.4.7 demonstrate the Techniques directly on animals which are owned by, or are the responsibility, of you or your client, and only if your client is present; and
8.4.8 support a client, during a consultation, using the Techniques, on animals which are owned by, or are the responsibility of their client.
8.4.9 shall not deliver workshops, courses or training on or relating to the Course and/ or Techniques, to groups in return for payment.
8.4.10 agree to comply with all relevant laws and regulations that may be in place from time to time; and
8.4.11 must adhere to the “Learner Insurance Policy”, a copy of which can be found on our website or is available on request.
8.5 If you have successfully qualified and been certificated for the Crossfields Institute, Level 3 Diploma in Mindfulness for people with their animals – Trust Technique Practitioner you:
8.5.1 may only conduct the Techniques in the categories for which you are qualified and were certificated for. For example, if you are only certificated for Module TTP – L3 – M5a “The Trust Technique in Practice – Domestic Animals”, you are not qualified to practice on large animals, as classified in Module TTP – L3 – M5b “The Trust Technique in practice – Large Animals”;
8.5.2 may give free talks or presentations to groups of people on or relating to the Techniques, provided that neither the Practitioner nor any third party (such as a venue) charges for attending the talk or presentation.
9.1 Who will provide the products? The products will be provided by anyone who, in our sole discretion, we deem fit to provide the services.
9.2 Access to our digital content. We reserve the right to restrict access to our digital content including any parts of our website as we see fit.
9.3 We own any information or material which you upload to our website or social media sites.
9.4 Login Details. We reserve the right to change or disable your username and password at any time that we see fit.
WANT TO END YOUR SERVICES WITH US?
10.1 This clause 10 applies only if you are a Consumer Customer.
10.2 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 10.2.1 to 10.2.5 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:
10.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
10.2.2 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;
10.2.3 there is a risk of substantial delay to the supply of the products because of events outside our control;
10.2.4 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 14 days; or
10.2.5 you have a legal right to end the contract because of something we have done wrong.
WHAT IF I CHANGE MY MIND?
HOW LONG DO I HAVE?
The ‘cancellation period’ you are entitled to depends on what you have ordered and how it is delivered:
10.3.1.1 Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods to change your mind and receive a refund.
10.3.1.2 Have you bought digital content for download or streaming? 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 the duration of hours of content set forth in section 11.3.
10.3.1.3 Have you bought services? If so, you have 14 days after the day we confirm to you that we accepted your order to change your mind and receive a refund. If you cancel our provision of the services 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.
10.3.2 When you don’t have the right to change your mind. Your right to cancel the contract and obtain any refund will be lost if:
10.3.2.1 you have given us express consent to supply any services during the cancellation period and the services have been fully performed;
10.3.2.2 you do not attend a pre-arranged course and/or qualification, consultation or other service that we were providing at the agreed date and time;
10.3.2.3 you give us permission to supply digital content to you during the cancellation period or if you access, download or stream digital content during the cancellation period; and
10.3.2.4 you unseal any sealed audio or sealed video recordings, such as CDs, once you have received them.
11.2 In general, we strive to provide a full refund in reasonable and extenuating circumstances, however we reserve the right to issue a refund based on the following conditions:
11.3 The type of refund you are eligible for is dependent on the product you purchased.
11.4 You are eligible for a full refund up to two weeks after purchase and if you meet the following conditions:
11.3.1 A full refund, minus any other conditions met and set forth in Secs. 11.1.4, and Sec. 11.5 will be issued in the following circumstances:
11.3.2 For the product The Trust Technique Foundation Video Course you are eligible for a full refund if you have participated in less than three hours of course material or up to and not including the topic Mindful Regard.
11.3.3 For the product Section 1 (the first part of the Video Course) you are eligible for a full refund if you have participated in less than three hours of course material up to and not including the topic Mindful Regard.
11.3.4 For the product Animal Communication you are eligible for a full refund if you have participated in the lessons and topics up to and not including Audio 7 To 13.
11.3.5 A refund for the Trust Technique Practitioner can only be issued if it is within the T&C’s 14 Days.
DEDUCTIONS FROM REFUND
11.4.1 Where we have provided 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.
11.4.2 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
WHEN WE PAY FOR RETURNS
11.6 We will pay the costs of return if you are a Consumer Customer and:
11.6.1 the goods are faulty or mis-described; or
11.6.2 you are ending the contract because we have told you of an upcoming change to the product or these terms; an error in pricing or description; a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
WHEN YOU PAY FOR RETURNS
11.7 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
11.7.1 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must pay the full cost of postage to return them to us. If you are a Consumer Customer and you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
HOW WILL WE REFUND YOU?
11.8 How we will refund you. We will refund you the price you paid for the products including delivery costs. However, we may make deductions from the price, as described in Sect. 11.4.
WHEN WILL REFUND BE MADE?
11.9 We will make any refunds due to you within 14 days once a refund decision has been finally determined. If you are a Consumer Customer and you are exercising your right to change your mind then:
11.9.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
11.9.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
WHAT IF YOU BREACH THE CONTRACT?
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you breach it. We may end the contract for a product at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due as required by clause 13;
12.1.2 you do not comply with your obligations specified in clause 7;
12.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the delivery address where you would like to receive goods;
12.1.4 you do not, within a reasonable time, allow us to deliver the products to you; or
12.1.5 you do not, within a reasonable time, allow us access to your premises to supply the services.
12.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 11.1 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 breaching the contract.
12.3 We may withdraw the product. If you are a Consumer Customer 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 14 days in advance if we are stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
12.4 If you are a Trade Customer we may withdraw any product up to one working day in advance of us stopping the supply.
HAVE AN ISSUE?
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 Alternatively, you can telephone us on +44 1428 685 944 or write to us by email at: firstname.lastname@example.org or write to our registered office address: 8 Combe View Cottages, Woodside Road, Chiddingfold Surrey GU8 4RB
13.2 We will respond to your issue within 5 working days, which doesn’t include weekends or bank holidays.
13.3 If you have any questions or complaints about the practitioner qualification product please refer to our “Complaints and Appeal Policy and Procedure”. A copy of this can be found in our Learner Handbook, on our website or is available on request.
13.4 In the event of a required return of a rejected product, it is your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must post them back to us. The responsibility for payment of postage is set forth in Sec. 11.6 and 11.7
14. PRICE AND PAYMENT OF OUR PRODUCTS
14.1 Where to find the price for the product. The price of the product will be the price indicated on the website page when you placed your order.
14.2 VAT. If we charge VAT on a product you are purchasing you will be notified of this when you place your order. We reserve the right to charge VAT on any product at our entire discretion.
HOW AND WHEN TO PAY
14.3 We accept payment via PayPal, by credit or debit card and BACs. All products must be paid for at the point of order.
14.4 To purchase some of our products we require payment of a deposit. If a deposit is required for the product you are purchasing this will be indicated on the website page when you place your order.
14.5 Some products are payable by instalments. If this is applicable, it will be indicated to you on the website page when you place your order.
14.6.1 Digital content will only be accessible and available for download once payment has cleared. James French Trust Technique Limited Company No: 05613806 Trading as: The Trust Technique Centre Registered office address: 8 Combe View Cottages, Woodside Road, Chiddingfold Surrey GU8 4RB Tel: +44 (0) 1428 685944 E-mail: email@example.com Website: trust-technique.com
14.5.2 Goods will only be dispatched to you once payment has cleared.
14.6 For services, we reserve the right to suspend the provision of services to you and refuse to entry to any course and/or qualification or consultation if we have not received payment from you in full at least five working days prior to the start date of the services we are intending to provide.
14.7 You cannot purchase some of our products unless you have already purchased others. For example, you are only able to attend The Trust Technique Clinic or enroll on our; The Crossfields Institute Level 3 Diploma in Mindfulness for people with their animals – Trust Technique Practitioner Qualification, if you have first purchased and have successfully completed The Trust Technique Video Course. If you are required to purchase a certain product prior to purchasing another this will be indicated to you on the website page when you attempt to place your order.
DISCOUNTS AND RECEIPTS
14.8 Variations to price and discounts. The prices of our products may vary and we reserve the right to apply discounts to any product, at any time, at our entire discretion.
14.9 Receipts. For all online payments made via PayPal and Credit Card, an automatic receipt will be generated. For all other payment methods a receipt will be made available on request.
15.1 We make no representation, guarantee or commitment to you that our digital content, information provided during the provision of services, or information contained in any goods will be error free.
15.2 We do not make any commitment that the goods or digital content we provide to you will be compatible with or operate with your software or hardware.
15.3 All representations, warranties and/or terms and/or commitments not expressly set out in the terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
15.4 We are not responsible for the actions of any of our previous customers and we accept no liability whatsoever for their practices, actions, statements or other.
15.5 If you have been granted entry to the Balens Insurance block you acknowledge that the terms of service in this regard are governed by Balens and we have no responsibility or liability in regard to such.
15.6 We are not qualified to teach veterinary practices and the products we provide should not be used, interpreted or considered as a substitution for veterinary services.
15.7 You acknowledge and accept that we cannot be held responsible for any technical problems you encounter following the purchase of any digital content.
15.8 You acknowledge and accept that we cannot be held responsible for any delay or disruptions to your access to our digital content as a result of any of the following:
15.8.1 the operation of the internet and the world wide web, including but not limited to viruses;
15.8.2 any firewall restrictions that have been placed on your network or the computer you are using to access the digital content
15.8.3 failures of telecommunication links and equipment; or
15.8.4 updated browser issues.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 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 breaching this contract or our failing to use reasonable care and skill.
16.2 We are not liable for losses in respect of animals in your care. The animal(s) in your care are your sole responsibility during the provision of any services. We accept no responsibility and/or liability for any loss, damage or harm to any of your personal possessions or animal(s).
16.3 You are liable for the actions of any animal in your care. We accept no responsibility or liability for the actions of any animal in your care, regardless of whether you are the legal owner of such animal or not. It is your sole responsibility to ensure that the animal is safe to be around and you are entirely responsible and liable for the actions of that animal.
16.4 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; and, if you are a Consumer Customer, for defective products under the Consumer Protection Act 1987.
16.5 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.
16.6 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
16.7 Our total liability to you in respect of all other losses arising under or in connection with the products we have provided shall in no circumstances exceed £4,000,000.
16.8 We are not liable for losses in respect to personal possessions. We accept no responsibility and/or liability for any loss, damage or harm to any of your personal possessions.
16.9 We are not liable for business losses if you are a Consumer Customer. If you are a Consumer Customer we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.10 If you are a Trade Customer we shall not be liable, under any circumstances whatsoever, to you in contract, tort (including negligence), breach of statutory duty or otherwise for:
16.10.1 loss of profit; or
16.10.2 indirect or consequential loss arising under or in connection with the products we have provided to you.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will use the personal information you provide to us:
17.1.1 to supply the products to you and perform our obligations under these terms;
17.1.2 to process your payment for the products; and James French Trust Technique Limited Company No: 05613806 Trading as: The Trust Technique Centre Registered office address: 8 Combe View Cottages, Woodside Road, Chiddingfold Surrey GU8 4RB Tel: +44 (0) 1428 685944 E-mail: firstname.lastname@example.org Website: trust-technique.com
17.1.3 to give you information about other products that we provide, but you may stop receiving this at any time by contacting us.
17.2 We will only give your personal information to third parties:
17.2.1 if the law requires us to;
17.2.2 in order to comply with our contractual obligations;
17.2.3 if you allow us to do so;
17.2.4 If our awarding organisation, Crossfields Institute, requests this information to monitor our equal opportunities and diversity policy. A copy of these policies, and our data protection policy statement, can be found in your “Learner Handbook”, on our website (trust-technique.com) or are available on request; and/ or
17.2.5 in order for us to provide the products.
OTHER IMPORTANT TERMS
TRANSFER OF RIGHTS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 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.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 These terms and conditions constitute the entire agreement between you and us. These terms and conditions supersede and replace any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty arrangement or statement of any nature whatsoever made by us to you.
ENFORCEMENT OF CONTRACT
18.5 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.
WHICH LAWS APPLY AND WHERE TO BRING LEGAL PROCEEDINGS
18.6 In the unlikely event of a legal proceeding, 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.
18.8 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.
COMPANY CONTACT INFORMATION
James French Trust Technique Limited Company No: 05613806 Trading as: The Trust Technique Centre Registered office address: 8 Combe View Cottages, Woodside Road, Chiddingfold Surrey GU8 4RB Tel: +44 (0) 1428 685944 E-mail: email@example.com Website: trust-technique.com