Terms and Conditions of Sale
Please read these terms and conditions carefully before ordering any of the Digital or Physical products from our sites. They’re pretty straightforward really; we sell stuff, you buy stuff for your personal use, we treat the transaction fairly and we all get on with making a living.
If you have any queries concerning these terms please contact us by email at email@example.com before placing an order with us.
- Information about Us
- How these terms apply to the sale of products
- About You
- Digital Products
- Requirements to access the Digital Products
- Placing an order; and the contract between You and Us
- Availability and Delivery
- Price and Payment
- Cancellations and Refunds
- Termination of your Account
- Our liability to You
- Written communications
- Transfer of Rights and Obligations
- Events outside of our control
- Severability and 3rd Party Rights
- Entire Agreement
- Our right to vary these Terms and Conditions
- Law and Jurisdiction
- Questions or Complaints?
1. Information about Us
BusinessCoaching.co.uk, CPDforCoaches.com, BusinessSuccessNetwork.com and Notionltd.com (the "sites"), are websites operated by Notion Limited (“us” or "we"). We’re registered in England and Wales under company number 04422370 with our registered office at Fulford House, Newbold Terrace, Royal Leamington Spa, Warwickshire CV32 4EA, United Kingdom. Our VAT number is 887141400. Our telephone number is +44 1926 889885.
2. How these terms apply to the sale of Products
- Digital downloads of audio products to your computer or mobile device
- Digital downloads of video products to your computer or mobile device
- Streaming of video or audio products via this site
(collectively described as the "Digital Products")
- Other Merchandise (e.g. T-shirts, books, posters etc.)
- Gift vouchers
- Event tickets
(collectively described as the “Physical Products”).
2.1 Each time that you purchase Products through this site, you will be required to confirm that you have read, understood and accept our conditions of sale. You will not be able to purchase anything through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us at firstname.lastname@example.org before placing any order.
2.2 We recommend you review these terms and conditions each time you purchase either Digital or Physical Products and print a copy of these terms and conditions for your future reference.
3. About You
3.1 By placing an order for Digital or Physical Products through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts and that you are at least 18 years old.
3.1.2 You are purchasing our Video and Audio Products for your private, non-commercial use only and that you will not copy, record, edit, clip, rent, hire, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with individuals or other organisations for the purposes of viewing the content outside of your immediate setting in whole or in part other than may be allowed under the terms of any license agreement afforded to you as a part of the sale.
4. Digital Products
4.1 We provide a mechanism on our sites that allows you to access, stream or purchase permanent downloads of Digital Products (including information related to these products e.g. Action Sheets and other support materials).
4.2 All of the Digital Products available through our sites are owned or controlled by our group companies, our licensors, or us and are protected by intellectual property rights.
4.3 Any streaming or use of Audio and Video Digital or Physical Products purchased through this site are for your own personal, non-commercial use only. Upon payment of the price for any of these Products we grant you a non-exclusive, non-transferable license to use the Products for your own personal, non-commercial use in accordance with these terms of sale. If you are a business owner, you are additionally entitled to use our materials with groups of employees within your own business for the purposes of planning and overall business improvement.
4.4 You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and/or permanent downloads). Nothing in these terms of sale grants you any rights other than those expressly set out herein. These terms do not grant you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product.
4.5 We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorised use of this site, its storage facilities or other electronic services associated with the delivery of products to you.
4.6 Permanent downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. This is solely for your own personal, non-commercial use and you must adhere to any and all usage restrictions that apply to the Digital Product (including those set out at sections 4.3, 4.4).
4.7 You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence.
4.8 If you burn any permanent download of a Digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device.
4.9 Watermarking To prevent unauthorised use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.
4.10 Where you have purchased access to a Digital Product via streaming from one of our sites, we grant to you a non-exclusive, non-transferable right to access streams of Digital Products where these may be made available by us on any of our sites solely for your personal, non-commercial use. Such use shall be subject always to these terms of sale.
4.11 You may not in relation to any Digital Products available as streams through this site:
4.11.1 store, copy, "rip", reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;
4.11.2 circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site.
5. Requirements to access the Digital Product services
5.1 In order to access and download Digital Products you will need:
Internet access and a computer with at least the following minimum specifications:
Intel Pentium III 1GHz or faster processor, 512MB of RAM Recommended: Pentium 4 2GHZ or faster, 1GB RAM. Intel Core Duo 1.83GHz or faster processor; PowerPC G4 1GHz or faster processor
Windows 7, Windows Vista Home Premium, Business, Ultimate, or Enterprise including 64 bit editions, Windows Vista SP1, Windows XP Tablet PC Edition SP2 and SP3, Windows XP SP2 and SP3, Windows 2000 SP4, Windows 2003 Server, Mac OS X 10.4.11 or Mac OS X 10.5.4, 10.5.5, and 10.6.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Products functions correctly with this site.
5.2 We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets although our products are compatible with most mainstream devices.
5.3 You acknowledge that due to industry/technology developments, the nature of the Digital Products offered (including format of files, operating systems, downloading software etc.) and the system requirements may change from time to time. We shall use reasonable endeavours to update our site with information relating to system requirements.
6. Placing an order and the contract between You and Us
6.1 After placing an order for a Digital Product via our site, you will receive an on screen message and e-mail from us setting out the details of your order and acknowledging that we have received your order.
6.2 The contract for the purchase of any Digital Product will be between you and us and will only be formed when we have received payment in full for the Digital Product you are purchasing and we make the Digital Product available for download or provide you with streaming access that you have paid for. Until we make the Digital Product available for download and receive payment in full there is no contract between you and us for the Digital Products. We reserve the right, in our sole discretion to reject any order we receive.
6.3 The contract for purchase of a membership or subscription to some of our products will also be made between you and us when we have received payment for the part of the programme that a particular subscription payment covers, and we make Digital Product available for download, provide you with streaming access to that portion of the programme that has been paid for or send you the physical product in the form of a CD or DVD and accompanying materials.
6.3.1 Payments will always be requested from you or taken from you (depending on which payment methodology has been selected) in advance of the delivery of the next portion of any membership or subscription programme. Failure to make the next payment will result in the cancellation of the contract between us for the delivery of the next portion of the programme.
6.3.2 Product that is sent to you on approval with a deferred payment date set at a point in the future does not constitute a contract between you and us until payment is made or taken for the next part of the subscription programme. Neither does the acceptance of product on approval constitute the intention to enter into a contract to continue with the whole of the programme. Either party is free to cancel further payments or provision of the programme at any time by giving appropriate notice of cancellation (see 9.2.3 Cancellation of Subscription programmes). Product that has been sent to you on approval (e.g. 1st month free) and before a payment is taken will be considered as having been sent to you for free, and you may retain the right to enjoy this material in any regard in accordance with the license arrangements stipulated within this agreement.
6.4 For Physical Product, the contract is made between you and us when you have paid for a physical product to be delivered to you. You have the right to cancel the contract before shipment has been made, but not after it. (See Section 9 for cancellations)
7. Availability and Delivery
7.1 All Products featured on our site are subject to availability. We reserve the right to change or remove a Product or other content on the site at any time without notice or liability to you. For example we may have obtained rights from third parties to make a Digital Product available and, in the event we lose these rights, we may need to remove the Digital Product from the site and make it unavailable for purchase.
7.2 We will endeavour to make it clear where Products offered are available for a limited time or in limited numbers.
7.3 We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Product will be available at a particular time.
7.4 Digital Product will normally be available to download immediately upon purchase. There may be occasion from time to time when they are not available (e.g. for technical difficulties/unavailability of our site) and we make no guarantee that any Digital Product ordered will be made available immediately. We shall in such cases strive to give you access to your downloadable products as soon as we are able to restore functionality.
7.5 We endeavour to maintain stock of all of our physical products and these are normally shipped to you the same or next business day the order was received, unless the order was received after business hours on a Friday evening, where we will post on the next business day (typically the following Monday). We post all products via 1st Class post with the Royal Mail in the UK, and use Airsure™ ‘tracked and signed for’ airmail delivery for all orders outside the UK so that we can be sure your order reached you.
7.6 Where we are unable to provide you with a product that you have purchased, you agree that we can offer you alternative goods to a similar value, gift vouchers to a similar value, or a complete refund. We may not be held liable for our inability to fulfil a particular order from you.
8. Price and Payment
8.1 We shall determine at our discretion from time-to-time whether and which Digital Products are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration (for example by signing up to a mailing list).
8.2 Streaming of certain Digital Products may be provided as premium content (e.g. pre-release exclusives and live-event webcasts). In this case you may have to pay the appropriate price in order to access the relevant Digital Product.
8.3 Subject to sections 8.5 and 8.6, the price of any Digital Product will be as quoted on this site at the then current time, except in the case of obvious error and will be shown exclusive of any VAT to be charged. The final price charged will be dependent on the address used for shipping and will include VAT for the UK and Europe (except where EEA customers can provide a European VAT number) and will exclude Vat for all international customers. We will not accept any offers for Digital Product other than at the then current price. Digital Products may be purchased individually, as selections, in promotional bundles, or as memberships or subscriptions. We reserve the right to make certain Digital Products available only as part of a larger product (e.g. particular episodes may only be available as part of a particular programme).
8.4 We use our best efforts to ensure the prices of our Products displayed on our sites are correct. However, our site contains a wide variety of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product's correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Digital Product available for download we will normally, at our discretion, either contact you for instructions before making the Digital Product available for download (i.e. to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Digital Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for Products in the case of obvious and unmistakable pricing errors.
8.6 Prices for Digital Products are liable to change at any time, but subject to sections 8.5 and changes will not affect orders in respect of which we have already taken payment and made the download available.
8.7 Please note that some Network / Service Providers may charge you an additional amount for downloading Digital Products to a Mobile Handset. We recommend that you contact your Network / Service Provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas Roaming Charges may also apply.
8.8 Payment for all Products must be by credit or debit card, by PayPal or via a gift certificate. We accept the credit and debit cards displayed on the payment page of our site from time to time.
8.9 By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the Products and that you have the permission of or are the holder of the credit or debit card or PayPal account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer.
8.10 In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps.
9. Cancellations and Refunds
9.1 For Digital Products (Download or Streaming) (membership or subscription products)
You may cancel any membership or subscription programme that you have signed up to and any subsequent recurring payments to us at any time by emailing us at email@example.com and including details of the particular membership or subscription product that you purchased and your billing details (in order that we can trace the order). Future payments for as yet undelivered portions of a membership or subscription product that you have subscribed to will be cancelled immediately save for those payments that are already being processed (e.g. a Direct Debit payment has already been initiated and is in the process of being transacted by the banks), wherein it will be considered without exception that this payment has been made and the relevant portion of the programme will still be made available to you for download).
9.1.1 For Digital Products (Downloads) (one-off products, membership or subscription products)
You may not cancel an order made by you for any permanent download of a Digital Product once it has been made available by us for download by you and each completed purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale. Payments for portions of a programme that have already been made available to you for download will not be refunded under any circumstances.
9.1.2 If Digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital product to functioning or offer you a repeat download. You shall not have the automatic right of refund in this case (see 9.1.1 above). You must notify us within a reasonable period of time of download of the Digital Product that it is defective. If you fail to notify us within 30 days from purchase date, we will have no liability to you. Please notify us at firstname.lastname@example.org of any technical issue with our products.
9.2 For Physical Products (CD, DVD, Materials)(one-off or membership or subscription products)
Where any Physical Product is shipped incorrectly or is found to be faulty or defective in some way, then we shall replace the product free of charge. In this instance, please contact us at email@example.com to arrange for the return and replacement of the product.
9.2.1 Cancellation of order for one-off, single item sales
If you wish to cancel an order that has been placed with us please email us immediately at firstname.lastname@example.org. Once you have notified us that you are cancelling your order and before shipment has been made, any sum debited to us from your credit or debit card or PayPal account will be refunded to your account as soon as possible and in any event within 30 days of your cancellation.
9.2.2 Refunds for one-off, single item sales
After having received the product from us you are dissatisfied in any way, you may apply for a refund by contacting email@example.com. Refunds will only be given where the product is returned to us in a clean, undamaged and re-saleable condition.
9.2.3 Cancellation of continued memberships or subscription products
You may cancel continued membership or any continued subscription programme that you have signed up to and any subsequent recurring payments to us at any time by emailing us at firstname.lastname@example.org and including details of the particular membership or subscription product that you purchased and your billing details (in order that we can trace the order). Future payments for as yet undelivered portions of a membership or subscription product that you have subscribed to will be cancelled.
9.2.4 Refunds – prior to receipt of goods
Once you have notified us that you are cancelling your continued membership or continued subscription, any sum debited to us from your credit or debit card or PayPal account will be refunded so long as shipment of the portion of the programme to which the payment pertains has not yet been made. Repayment to your account will be made as soon as possible and in any event within 30 days of your cancellation.
9.2.5 Refunds – after receipt of goods
Where shipment has already taken place, and you wish to cancel your continued membership or continued subscription we shall refund you the last month’s payment only if the most recent package delivered to you is returned to us in a clean, undamaged and re-saleable condition. Prior months for which payments have been taken will not be refunded.
10. Termination of Your Account
If you are in breach of, or we suspect you are in breach of, these Product Terms of Sale (including if you use any Downloaded or Streamed Digital Products or the site for business purposes or you breach usage rules) then we may take any or all of the following actions:-
- Issue a warning to you;
- Immediate, temporary or permanent withdrawal of your access to any membership account and/or the site however you will remain responsible for all outstanding amounts on your account;
- Legal action against you;
- disclosure of information to law enforcement authorities as we reasonably feel is necessary. The responses described above are not limited and we may take any action we reasonably deem appropriate.
11. Our liability to You
Please read this section carefully as it sets out the limitations of our liability to You
11.1 You agree you will have no claim against us, in respect of any decision to remove Products from this site or any decision to suspend or terminate your access to this site or to membership accounts for the viewing of any streamed Digital Products (including by way of purchase) through the site.
11.2 We warrant to you that any Products purchased from us through our sites is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Products. You agree that use of this site to access or purchase Products is at your sole risk.
11.3 If you or we are in breach of the contract for the Products, neither of us will be responsible for any losses that the other suffers as a result, except for those losses, which are a foreseeable consequence of the breach. Losses are foreseeable where they should have been apparent by you and to us at the time we accepted your order.
11.4 Our liabilities for any losses you suffer as a result of us breaking a contract for the supply of Product(s) is strictly limited to the purchase price of the relevant Product(s) affected.
11.5 We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
11.5.1 third party loss (as these Products are for personal non-commercial use only);
11.5.2 loss of income or revenue;
11.5.3 loss of business;
11.5.4 loss of profits or contracts;
11.5.5 loss of anticipated savings;
11.5.6 loss of, damage to or corruption of data;
11.5.7 loss of opportunity or goodwill;
11.5.8 indirect or consequential loss of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 This section 11 does not exclude or limit in any way our liability:
11.6.1 for death or personal injury caused by our negligence;
11.6.2 for fraud or fraudulent misrepresentation;
11.6.3 for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us relating to the Digital Products; or
11.6.4 for any matter for which we cannot exclude, or limit our liability under applicable law.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given to Notion Ltd., 7 Clarendon Place, Royal Leamington Spa, Warwickshire, CV32 5QL, United Kingdom or by email to email@example.com. We will give notice to you at either the e-mail or postal address you provide to us as part of the order process or your account registration where applicable. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
Neither you nor we may transfer, assign, charge or otherwise dispose of a contract for Products, or any rights or obligations arising under it, without the other's prior written consent. You agree however that we may sub-contract our obligations (for example contracting with a third party company to deliver Digital or Physical Products) provided that we remain responsible to you for the performance of the contract.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital or Physical Product that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance of the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Products may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a contract for any of our Audio or Video Products, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the contract relating to the Digital Products, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with sections 12 and 13 above.
17. Severability and 3rd Party Rights
17.1 If any of these terms or any provisions of a contract for a Digital Product are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.
17.2 A person who is not a party to these terms of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
18. Entire Agreement
We intend to rely upon these terms and conditions of sale and any document expressly referred to in them in relation to the subject matter of any contract relating to the Products that we sell. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer service representatives, please contact us before placing an order in order to discuss your concerns as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract concerning the purchase and use of any of our products
19. Our right to vary these Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities.
19.2 You will be subject to the policies and terms and conditions of sale in force at the time that you order Digital Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions of sale before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products you have purchased or our entering into the contract for the supply of Products to you (as applicable)).
20. Law and Jurisdiction
Any dispute or claim arising out of or in connection with contracts for the purchase of Products through our sites or their formation (including non-contractual disputes or claims) shall be governed by English Law and subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Questions or Complaints?
If you have any queries at all regarding this site, the products featured on the site or any of the terms set out above, please do not hesitate to contact us via e-mail at firstname.lastname@example.org and our Customer Service advisors will be more than happy to assist you.