Terms and Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY

You can find the following Terms & Conditions here:

Terms & Conditions of Website Use
Terms & Conditions of Supply of Services (External Online Training Events)
Terms & Conditions of Business – Available on request

Terms and Conditions of Website Use

These terms of use (together with the documents referred to in it) specify the terms of use on which you may make use of our website www.simonahamblet.com, (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other Applicable Terms
These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Our Cookie Policy.

Transactions Concluded Through Our Site
Contracts for the supply of services formed through our site or as a result of visits made by you are governed by the applicable Terms and Conditions referred to you at the time you purchased the services. Please see above for the list of Terms and Conditions Applicable.

Information About Us
Our trading address is 1 Eagle Road, Guildford, GU1 4HX

Changes To These Terms
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we make, as they are binding on you.

Changes To Our Site
We update our site regularly and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

Accessibility
If you need to customise your computer to help with accessibility needs, you may find the BBC web page my web my way useful.

Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No Reliance On Information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date and we disclaim all liability and responsibility arising from any reliance placed on any of the material on our site by any visitor to our site, or by anyone who may be informed of any of its contents.

Limitation Of Our Liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, income, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any Website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you, which will be set out in our Terms & Conditions of Business which is available on request.

Viruses, Hacking And Other Offences
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor must you establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact team@simonahamblet.com

Third Party Links And Resources In Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable Law
These terms of use, any contract arising out of them, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us
To contact us, please email team @simonahamblet.com
Thank you for visiting our site.

Terms and Conditions for the Supply of Services (External Online Training Events)

We are pleased you have decided to use my services or resources – please read the following important terms and conditions before you commit to using them.

This contract sets out:
• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.

The intention is that it will bring clarity to our relationship and provide a good solid foundation for our working relationship, so that we can focus on the important things for you! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

In this contract:
• ‘I’, ‘me’, ‘we’ or ‘my’ means Simona Hamblet, and
• ‘You’ or ‘your’ means the person buying or using my services and resources.

If you would like to speak to me about any aspect of this contract, please contact me at e-mail team@simonahamblet.com.

Background
Under this agreement I provide leadership, management, and business training to individuals in relation to their careers (‘services’) on specific dates set in advance. My services are not suitable for domestic tasks or consumers and therefore consumer protection legislation does not apply to this agreement. This agreement is only for individuals attending training events hosted by me externally from your business and does not apply to training provided in-house for businesses (for which there are separate Terms and Conditions).

I am a sole trader and my trading address is 1 Eagle Road, Guildford, GU1 4HX.

1.1 If you buy services from me you agree to be legally bound by this contract.
1.2 If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment.
1.3 When buying any services or using any resources you also agree to be legally bound by:
1.3.1 my website terms of use and privacy policy;
1.3.2 extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3 specific terms which apply to my services, for example service descriptions which may be set out on the webpage for those services or in email correspondence between us.

All these documents form part of this contract as though set out in full here.

2 Ordering services from me
2.1 Below, I set out how a legally binding contract to buy services between you and me is made:
2.1.1 You place an order either through a relevant site, ie Eventbrite by clicking on the relevant payment link, by transferring payment to my bank account or by making a paypal payment. Placing you order and making payment does not, however, mean that your order has been accepted.
2.1.2 Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 7 days.
2.1.3 When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
2.1.4 I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services.
2.1.5 I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and me, and
(b) I shall start to carry out the services as set out in the programme description on this website or in a services description agreed between us.

3 Carrying out the services
3.1 The services will be carried out with reasonable care and skill.
3.2 We shall use reasonable endeavours to carry out the relevant training on the dates provided at the date of your buying the services and, in carrying work in relation to the services, but time of performance is not of the essence of this contract. This means where we miss a timescale agreed with you, as long as we have used reasonable endeavours to meet the timescale, this will not entitle you to terminate the contract with us or ask for a refund or any form of compensation.
3.3 All services must be taken on the dates you have booked or they will expire.
3.4 Where, in any offering of the services, there is more than one training course or support session available or you have booked supplementary calls on offer, we will do our best to accommodate a change of date for you, providing we are given at least 7 days’ notice. For much of our training, the groups are small (6-8 people) and any last-minute postponements can therefore have an impact on the dynamics of the session. If you give us less than 7 days’ notice, fail to turn up for the services, or any part of them, or have already rearranged once, you will not be able to reschedule or be entitled to a refund or any compensation for missing it.
3.5 In order to avoid confusion and the possibility of missed or delayed communications, our main forms of communication are limited to emails and telephone calls. Although we may respond to other forms of communication, we can only guarantee a timely response to these forms of communication.
3.6 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances. We shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include internet failure or other IT problems, unexpected issues arising with the venue, or if one of our team is ill.
3.7 To the maximum extent permitted by law, we exclude any and all implied warranties in respect of the services, except as expressly set out in this agreement.

4 Your responsibilities
4.1 You will pay the price for the services as set out on the booking site (ie Eventbrite) or on the invoice provided.
4.2 You will provide us promptly with such information and assistance (and ensure that any information is complete and accurate) as we reasonably need to provide the services.
4.3 If you are in breach of this contract, we reserve the right to suspend or curtail the services as we see fit.
4.4 You agree:
4.4.1 to obtain and maintain all necessary licences and consents (where relevant) and comply with all relevant legislation in relation to the receipt by you of the services; and
4.4.2 to ensure that you have the right to share any information or materials you might choose to share with us, or other delegates, including any Intellectual Property Rights.
4.5 If the performance of our obligations under these terms is prevented or delayed by any of your acts or omissions, or those of your agents, subcontractors, consultants or employees, we shall not be liable for any costs or losses incurred by you that arise directly or indirectly from such prevention or delay.
4.6 You warrant that you have the right to disclose the confidential information and any materials to us and to authorise us to use it for the purpose of providing the services.

5 Prices and payment
5.1 All prices quoted are exclusive of VAT.
5.2 The price for the services is set out on the relevant booking site, our website, or in the invoice sent to you.
5.3 We require full payment at the time of booking for online bookings, or within 48 hours where an invoice is submitted, but in any event and in all circumstances, we require full payment in advance in order to provide the services.
5.4 The fees are non-refundable except, where we cancel the services (other than under 10.3 below), you are entitled to a partial refund for services which you have paid for in advance and which you have not received.
5.5 In view of our clear no-refund policy, we do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, without you seeking repayment from us first: you shall be in breach of this contract; you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach; and we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
5.6 If any of your payments are not paid on the due date above, your space on the training event will be released, and we can no longer guarantee a place at the training event.
5.7 We shall be entitled to charge to you any sums reasonably incurred by us in recovering outstanding sums from you including professional and collection agency fees.

6 Intellectual property
6.1 In this agreement, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
6.2 If we provide you with any materials during the services, whether digital or printed, any Intellectual Property Rights in those materials belongs to us and unless we agree otherwise you can only use those materials for your own internal business purposes to obtain the benefit of our services. You may not use such materials for any other purpose and you may not share them with third parties.

7 Confidential Information
7.1 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
7.2 During the provision of the services you may become aware of confidential information shared by other delegates. You agree to keep strictly confidential any information shared by delegates and not to share it with any third parties. You will not use the confidential information of any delegates of any training or other group sessions, for your own benefit except with the explicit consent of that delegate.
7.3 For the purpose of these terms, confidential information means any information one party, or a delegate, supplies to the other which it reasonably expects to be kept confidential including but not limited to client or attendee lists or information, contacts, financial data, sales data, supply sources, business opportunities for new or developing business plans and models, or trade secrets.
7.4 Each party shall keep the confidential information disclosed to it confidential and, except for the purposes of providing the services, or with the other party’s prior written consent, shall not:
7.4.1 use or exploit the confidential information in any way; or
7.4.2 disclose or make available confidential information in whole or in part to any third party.
7.5 The obligations in 7.2 will not apply to confidential information which:
7.5.1 has ceased to be confidential through no fault of the other party;
7.5.2 was already in the possession of the recipient before being disclosed by the other party;
7.5.3 has been lawfully received from a third party who did not acquire it in confidence; or
7.5.4 is required to be disclosed by law.
7.6 Neither of us shall use the other party’s confidential information for any purpose other than to perform our obligations under this contract.

8 Personal Data and Data Processing
8.1 In this clause:
8.1.1 ‘Data Protection Legislation’ means as applicable and binding on you and/or us i) in the United Kingdom, the GDPR, and/or any corresponding or equivalent national laws or regulations; (ii) in member states of the European Union: the GDPR, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and (iii) any applicable laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Legislation from time to time;
8.1.2 ‘Personal Data’, ‘Data Subject’, ‘Data Processor’ and ‘Data Controller’ shall bear the defined meanings allocated to them in Data Protection Legislation; and
8.2 We will only use the personal information you give to us to:
8.2.1 provide the services;
8.2.2 process your payment for the services; and
8.2.3 inform you about any similar products and services that we provide (though you may stop receiving this information at any time by contacting us).
8.3 We shall not give your personal information to any third party unless you agree to it.
8.4 For full details, read our privacy notice.

9 Resolving problems
9.1 In the unlikely event that there is a problem with the services, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
9.2 The terms of this contract will apply to any re-performed services.

10 End of the contract
10.1 If a services description specifies a length of time for services to be provided, then subject to clause 10.3 below, the services will terminate at the end of that timeframe.
10.2 Either you or we may terminate the services and this agreement immediately if:
10.2.1 the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 14 days after being notified to make such payment;
10.2.2 the other party commits any other material breach of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the contract for services and this agreement will be terminated if the breach is not resolved; or
10.2.3 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
10.3 If this agreement is ended it will not affect our right to receive any money which you owe to us under it and it will not operate to affect any provisions that expressly or by implication survive termination.

11 Limit on our responsibility to you
11.1 Nothing in this agreement shall limit or exclude our liability for:
11.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
11.1.2 fraud or fraudulent misrepresentation; or
11.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.2 Subject to clause 11.1:
11.2.1 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit; loss of income; loss of sales or business; loss of management time; loss of business opportunity; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; or any indirect or consequential loss arising under or in connection with any contract between us; and
11.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for our services which gave rise to the loss.
11.3 This limitation on liability is an integral part of the commercial bargain between you and us and was a controlling factor in the setting of the fees payable to us under these terms.

12 Disputes
12.1 We shall try to resolve any disputes with you quickly and efficiently.
12.2 If we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to any contract entered into pursuant to this agreement.
12.3 The laws of England and Wales will apply to any contract entered into pursuant to this agreement

13 Non-disparagement
13.1 If there is a dispute between us, you agree not to publicly or privately make any negative or critical comments about our services, or to communicate with any other individual, company or entity in a way that disparages the services or harms our reputation in any way, including on social media.

14 General
14.1 Amending the agreement. No variation of this agreement shall be valid or effective unless it is in writing and is agreed to by us.
14.2 This is our entire agreement with you. This agreement constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

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