TERMS AND CONDITIONS, PRIVACY & COOKIES POLICIES
1 INTRODUCTION
Please read this document carefully before using this site or our services. It sets out our policies and practices governing:
- the terms and conditions for how we provide products and services to you (see paragraphs 8 and 10),
- the terms and conditions for the use of our website (see paragraphs 7 and 10)
- how we manage your privacy and your personal information when visiting our website (see paragraphs 6 (our Cookie Policy)) and 9 (referring to our separate Privacy Policy), and
- what to do if have any issues or questions in relation to our website, or our products or services (see paragraph 3).
We recommend that you keep a copy of these terms for future reference.
2 INFORMATION ABOUT US
Helenharding.co.uk is a site owned and operated by Helen Harding Ltd ("We"). We are registered in England and Wales under company number 8718733 and have our registered office and main trading address at White House, Aberedw, Builth Wells, Powys LD2 3UW.
3 HAVE A CONCERN OR COMPLAINT?
If you have any concerns or complaints or questions about anything, please email [email protected]. This is the email address of our Director.
4 RELIANCE ON MATERIALS ON OR FROM OUR WEBSITE
There are a number of materials on or available from our website such as webpage content, blog posts, articles, Workbooks and other training course materials, etc which we call collectively ‘Content’. Some of the Content is freely available to visitors to our site; some is available only for a fee (which we call Services).
The Content has been prepared for the benefit of users/readers generally for training, education and general interest purposes only. It cannot and does not constitute advice of any kind for anyone who uses it. Users/readers will understand therefore why Helen Harding or her company Helen Harding Ltd cannot accept responsibility or liability for any loss or damage caused to you or any third party as a result of any reliance or use by you of the Content. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.
If you would like to receive advice tailored for your circumstances, please contact Helen Harding at [email protected] to discuss our Consultancy Services or Coaching Service.
5 CHANGES TO THESE TERMS
We may revise the terms of this document at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
6 COOKIE POLICY
6.1 Introduction
This website uses cookies – small text files that are placed on your device to help the site provide a better user experience. In general cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party application like Google Analytics. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
When you first open our website, you will see a message letting you know that the site sets a cookie, as explained above. If you do not wish the session cookie to be set, you can disable cookies in your browser. Most browsers give you the choice of:-
- Accepting all cookies
- Blocking all cookies
- Allowing or blocking cookies from specific web sites.
- Allowing or blocking cookies from third party sites
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit: http://www.allaboutcookies.org/
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site.
6.2 Third-Party Sites
Third-party sites are sites that are not directly controlled by the site that you are on.
Given the nature of the services we provide, in our Content, we often reference material on third-party sites and provide links to them, including social media links. However, we do not use any third-party cookies on this site itself but the links may lead to third-party sites which have different cookie settings for which we cannot be responsible.
See also paragraph 7.12 on third-party sites.
7 TERMS OF USE OF OUR WEBSITE
7.1 Introduction
This paragraph 7 tells you the terms of use on which you may make use of our website helenharding.co.uk(“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
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.
7.2 Location
Our website is solely for the promotion of our products and services in the UK.
Unfortunately, we do not accept online orders from addresses outside the UK. If you are outside the UK, please contact Helen Harding to discuss: [email protected]
7.3 Changes to Our Site
We may update our site from time to time and may change the content at any time. However:
although we make reasonable efforts to update the information on our site, we are under no obligation to update it and
we make no representations, warranties or guarantees, whether express or implied, that the Content on or available from our site is accurate, complete or up to date.
7.4 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.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
7.5 Your Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
7.6 Intellectual Property Rights & Fair Use
We are the owner or the licensee of all intellectual property rights in our site, and in the Content. 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) or other Content freely available 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 Content 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 will not attempt to re-sell any aspects of our Content whether for commercial gain or otherwise without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site or Content 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.
7.7 Limitation of Our Liability
Nothing in this document 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 or available from our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
In the unlikely event you are a consumer user, 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 or available from 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.
If you are making a purchase from us, different limitations and exclusions of liability will apply to liability arising as a result of the supply of what you purchase from us (see paragraph 8, Terms of Supply, in this document).
7.8 Interactive Services
Entirely at our discretion we may from time to time provide interactive services on our site such as a chat room, bulletin board, comment facility or other means facilitating you uploading material to our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
When using our site, you will:
- use our site only for lawful purposes. Unlawful purposes include but are not limited to using our interactive services to discriminate against, bully, insult, intimidate, humiliate, threaten or defame any person or organisation and.
- not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in any guidance we provide. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or is otherwise unlawful.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our guidance on interactive services.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
7.9 Rights You Licence
When you upload or post content to our site, you grant the following licenses:
- A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
- A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
7.10 Viruses
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.
7.11 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.
You must not 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 [email protected]
7.12 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.
Our site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their approach to handling your personal information.
7.13 Breaching Terms of Use for Our Site
Breaching our terms of use for our site may result in our taking appropriate action including without limitation withdrawal of your right to use our site and/or legal action against you. We may also disclosure relevant information to law enforcement authorities where you are in breach of any policy for interactive services, such as inciting racial hatred.
8 PURCHASING FROM US – OUR TERMS AND CONDITIONS FOR SUPPLY
8.1 Introduction
This paragraph 8 sets out the terms and conditions on which we sell to you, whether we are selling goods, services or digital content (together we call these activities for sale ‘Services’). These terms tell you how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Given the nature of the Services available for sale online on our website, these terms and conditions assume you are purchasing as a business or in furtherance of your business or profession rather than as a consumer for personal consumption. In the unlikely event this is not the case, please let us know and we can discuss more appropriate terms and conditions.
Please read these terms carefully before you submit your order to us.
If you think that there is a mistake in these terms, please contact [email protected] so that we can discuss it.
8.2 Ordering
You may order Services via our site or direct from us after discussion in email, phone or in person.
After placing an order for a Service, you will receive an email confirming your order and acknowledging that we have received it.
The legal contract between us will only be formed at the point that we send your order confirmation email. The contract between us is based on these terms and conditions.
For online purchases, your credit or debit card, or (where accepted) PayPal account, will be authorised when your order is placed and processed. In relation to online Services, you may not be charged for the Service until the point that you are granted access to the online platform upon which you will access the Service.
Where our Services are not ordered online, we will send you an invoice and payment will be due in the timescale set out in the invoice.
Our approach to payment does not affect your statutory rights.
8.3 Rejection of Your Online Order
Occasionally, we may not be able to accept your online order. If this is the case, we will inform you by email and will not charge you for the Service. This might be because an online product is out of stock or temporarily unavailable, or because there is an error in the price or description of the Service, or because we are updating the content.
8.4 Content of Our Services
We make every effort to describe the content, usage and purpose of the Services which appear on our website as accurately and completely as possible. However, we do not give any assurance that the Service supplied will meet your exact need or the purpose for which you require it (unless we are providing a bespoke Service or Consultancy Service designed after discussion with you).
Where you are buying a Service online, it is your responsibility to take all necessary steps to ask questions prior to purchase to satisfy yourself that the course or programme is suitable for your individual needs.
Please contact us at [email protected] if you require further guidance, prior to purchase, as all sales are final.
If you wish to make a change or request for additional services to be added to the Service (such as additional coaching) you must contact us in advance of purchase. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
We may have to suspend the supply of a Service to:
- Deal with technical problems or make minor technical changes;
- Update it to reflect changes in relevant laws and regulatory requirements;
- Make changes as requested by you or notified by us to you.
- In these cases we will give you as much notice as is reasonably possible.
8.5 Accessing and Using Online Services
In the case of online training and education Services, you will usually receive access to the Service online within 24 hours. You will be supplied with a URL and a unique login username and password. This is strictly for your use only and not to be shared with anyone else. If you become aware that someone else has accessed your login details you must contact us immediately.
8.6 Delivery of Other Services
If you have purchased a bespoke or consultancy Service, we will begin the services on the date set out in the invoice or on the date agreed with you during the order process. The estimated completion date for the Service is as told to you during the order process.
8.7 Intellectual Property Rights in The Services
Unless the Service or an aspect of it is already covered by the intellectual property rights referred to in paragraph 7.6 (relating generally to free Content on our site, in which case the terms in that paragraph apply), you will not copy, modify, re-use or publish any aspects of our Service without our prior written consent. You will not attempt to re-sell any aspects of our Service (or the content within) whether for commercial gain or otherwise.
Any costs involved in downloading, accessing, printing or using the content will be met by you.
Whilst we do our best to keep the content in our Services accurate and up to date at all times, we are not liable for any inaccuracies in the content and you will take responsibility for validating the information you receive before taking any active steps to implement it within your business.
8.8 Delays and Refunds
There is no general right of refund on the Service you have purchased. Sales are final.
We hope this never happens but we are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control - or suspended for a reason set out in paragraph 8.5 - 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Service you have paid for but not received.
If you are not happy with your purchase you may contact us within 30 days of purchase and provide feedback and reasons, in which case we may be willing to make a discretionary refund based upon the individual facts of the situation. You will be asked to give full details upon which we can make this decision.
8.9 Cancellation of Training Courses/Workshops by You
If you are an individual and have bought a place on one of our training courses/workshops, once you have paid for the event you have seven days to cancel your booking and receive a full refund as long as the event has not commenced. After this, we do not offer refunds in the event of a cancellation on your part, or a failure to complete the course/workshop. Please read the event description carefully and email Helen Harding, [email protected] with any questions you have before buying so you can ensure you are making the right decision to purchase.
In the case of training courses/workshops commissioned by organisations, separate terms and conditions apply which will be communicated directly to you.
8.10 Cancellation of Training Courses/Workshops by Us
On occasion, unforeseen circumstances may make it necessary for Helen Harding Ltd to cancel an event and accordingly we reserve the right to cancel events where appropriate. In such circumstances, you will be given as much notice as possible and we will either refund the full event fee or, if you request, move the event to an alternative date. Liability for any losses other than the event costs will not be accepted.
8.11 Ending the Contract
Unless provided for elsewhere in these terms and conditions on supply, the contract between us will terminate on fulfilment of the Service you have purchased.
If the Service you have bought is an ongoing service or subscription, we will tell you during the order process when and how you and we can end the contract.
8.12 Price and Payment
The price for the Service will be the price indicated on the order page or the shopping basket area of the website at the time you placed your order, or the agreed price for bespoke Services as set out in the invoice to you.
In the event of any invoice not having been paid when due we reserve the right to suspend providing Services and to decline to provide any further services. We reserve the right to charge interest if payment is not made within 1 month of the due date on the invoice. In this situation, interest will be charged on a daily basis at 8% over the Bank of England base rate and will accrue from the date falling 1 month after the due date.
We accept payment methods listed on the website at the time your place your order. You must pay for the Service at the time of purchase unless specifically agreed otherwise with us in writing.
8.13 Limitation of Our Liability
We need to protect our business and manage risk associated with providing products of services for sale. The content of this paragraph 8.14 aims to do just that, but we do not exclude or limit our liability for anything that cannot be excluded or limited by English law, such as our liability for personal injury or death caused by our negligence or for fraud.
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.
If we fail to comply with these terms of supply or fail to use reasonable care and skill, we are responsible to you for any loss and damage caused by us, provided that such loss or damage is foreseeable or obvious that it will happen. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, for any of the following arising under or in connection with the contract between us for supply of the Service:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
You must follow any instructions or manual provided with the Service and any other care or implementation advice we may give you. We may include disclaimers within the Service where we need to draw your attention to specific areas requiring us to limit our risk. We cannot accept liability for any damage caused by your failure to follow the advice provided.
Subject to the above, our total liability to you shall be limited to the purchase price paid by you for the Service.
Nothing in these Terms of Supply will affect your statutory rights as a consumer that may not be legally excluded.
8.14 Other Terms of Supply
The legal contract for the supply of our Service is between you and us. No other person shall have any rights to enforce any of its terms.
These terms of supply, in this paragraph 8 set out the entire agreement between us in relation to the Service we provide to you. They supersede any and all prior agreements, communications and proposals.
If a court finds part of these terms of supply unlawful, 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.
These terms of supply are governed by the laws of England and Wales and you and we have agreed to submit to the jurisdiction of the Courts of England and Wales.
9 DATA PRIVACY POLICY
We have a separate policy governing how we manage your personal information, including when you visit our website. Click here to view the Policy
10 APPLICABLE LAW
If you are a consumer, please note that these terms of use of our website and of supply of Services are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use of our website and terms of supply of our Services (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 [email protected]
Thank you for visiting our site.
Last updated 31 January 2021
