Terms and Conditions

Rachael Troughton

Effective date: March 2021

1. DEFINITIONS

 1.1.  When the following words with capital letters are used in these Terms, this is what they will mean:  

  • Booking: your Booking for a Seminar, Workshop, Mentoring Programme, Online Mentoring Programme, Conference Call or other event or product we produce; 
  • Event Outside Our Control: is defined in clause 14.2;  
  • Excluded Services: means services, products or investment opportunities provided direct to you by our mentors or consultants which do not form part of the arrangement between you and Us; 
  • Terms: the terms and conditions set out in this document; 
  • Seminars(s): the Seminar(s), mentorship (s) and/or course(s) that We are providing to you as set out in the Booking; 
  • We/Our/Us: Rachael Troughton, a trading name of Trouton Bricks Ltd, 15 Palace St, Norwich, Norfolk, NR3 1RT. 

1.2   What these terms cover.  These are the terms and conditions on which We supply products to you, whether these are goods, services or digital content. 

1.3   Why you should read them.  Please read these terms carefully before you submit your Booking to Us.  These terms tell you who We are, how We will provide products to you, how you and We may change or end the contract, what to do if there is a problem and other important information.  If you think that there is a mistake in these terms or require any changes, please contact Us to discuss. 

1.4   Conflicts.  If any of these Terms conflict with any term of Booking, the Booking will take priority.   

2. INFORMATION ABOUT US AND HOW TO CONTACT US 

2.1   Who We are.  We are a Limited Company registered in England and Wales.  Our Company registration number is 5749989 and Our registered office is at 15 Palace St, Norwich, Norfolk, NR3 1RT. 

2.2.  How to contact US.  You can contact Us by e-mailing us at support@rachael.troughton.com or writing to Trouton Bricks Ltd, 15 Palace St, Norwich, Norfolk, NR3 1RT 

2.3   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 provide to Us in your booking. 

2.4   “Writing” includes emails.  When We use the words “writing “ or “written” in these terms, this includes emails.   

3. OUR CONTRACT WITH YOU 

3.   How We will accept your Booking.  Our acceptance of your Booking will take place when We email you to accept it, at which point a contract will come into existence between you and Us.  For Online Education, our acceptance of your booking is at the point that you purchase an online product, having agreed to these terms and conditions at checkout. 

3.2   If We cannot accept your Booking.  If We are unable to accept your Booking, We will inform you of this in writing and will not charge you.  This might be because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Seminar or because there are no spaces left.   

3.3  Your Booking Reference.  Your Booking Reference will be Your Name and the title of the Service You have purchased.  It will help Us if you can tell Us the Booking reference whenever you contact us about your Booking.

4. OUR RIGHTS TO MAKE CHANGES  

 4.1  Minor changes.  We may make changes: 

  • To reflect changes in relevant laws and regulatory requirements; 
  • To the location of any Seminar and/or speakers(s), mentor(s) or content, at any time without notice.  You will not be entitled to a refund as a result, unless you exercise your rights as stated in clause 9.  

5.   More Significant changes including changes to these terms.  In addition, as We informed you on Our website, We may make the following changes but if We do so We will notify you and you may then contact Us to end the contract and receive a full refund before the changes take effect: 

5.1   Changes in how We accept payment from you; and 

5.2  Changes in relevant laws and regulatory requirements. 

5.3  Updates to digital content.  We may update or require you to update digital content, provided that the digital content shall always match the description of it that We provided to you before you bought it.

6. Providing Seminars  

6.1   When We will provide the Seminar.  We will supply the Seminar to you on the date set out in the Booking unless otherwise varied by Us in accordance with clause 5. 

6.2   If the contract is a one-off purchase of digital content.  We will make the digital content available for download by you as soon as We accept your Booking. 

6.3   Filming and Photography.  Seminars may be filmed and recorded without prior notice and unless you inform Us before the Seminar begins, you will be deemed that you have given Us permission for any footage containing you to be used by Us for commercial purposes.   

6.4  We are not responsible for delays outside of Our control.  We will make every effort to provide the Seminar on the date(s) out in the Booking.  However, there may be delays due to an Event Outside Our Control.  See clause 14 for Our responsibilities when an Event Outside Our Control happens.  If Our supply of the Service is delayed by an even 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, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Seminar you have paid for but not received. 

6.5   What happens if you do not pay?  If you do not pay Us for a Seminar when you are supposed to as set out in clause 11.3 and you still do not make payment within 7 days of Us reminding you that payment is due, We may withdraw your enrolment on a Seminar with immediate effect (except where you dispute an invoice under clause 11.11). We will contact you to tell you this.  We can also charge you interest under clause 11.4 on overdue payments. 

6.6  What rights We retain.  You acknowledge that all copyright, design right and all other intellectual property rights in all Seminar materials (including but not limited to any drafts, drawings, PowerPoint’s or illustrations We make in connection with such materials) are owned by Us or Our licensors.   

 6.7   What is not included 

6.7.1   You acknowledge that We do not (nor any trainer, mentor, consultant, team member, agent or employee who is providing a course, mentoring or other training) provide financial, legal or accounting advice.  We are not authorised by the FCA or other body to do so and as such this does not form part of the Seminar or the contract between Us. 

6.7.2   You further acknowledge that the opinions and comments made by trainers, consultants and mentors (whether employed by Us or not) are their own and do not represent or reflect Our opinions or comments.  You acknowledge that any opinions or comments are followed at your own risk.  You agree not to hold Us responsible for any such opinions or claims.   

6.8   What will happen if you do not give required information to us?  We may need certain information from you so that We can supply the Seminar(s) to you.  If so, this will have been stated on Our website, Booking Form or Booking Platform.  We will contact you to ask for this information.  If you do not give Us this information within a reasonable time of Us asking for it, or if you give Us incomplete or incorrect information, We may either end the contract (and clause 9.13 will apply) or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result.  We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving Us the information We need within a reasonable time of Us asking for it.   

7. EXCLUDED SERVICES 

7.1  We may use self-employed consultants to assist us in providing Seminars.  They may offer you Excluded Services with Our consent.  If you accept or proceed with any Excluded Services, the contract will be between you and the consultant and not between you and Us. 

7.2   We do not recommend or endorse any of the Excluded Services or offer any guarantees as to the Excluded Services or any potential financial return arising from them.  If you agree to take Excluded Services you are doing so at your own risk. 

7.3   We suggest that you make your own investigations and enquiries regarding these services before acting upon any advice or investment opportunity provided to you. 

7.4  Because the Excluded Services are carried out between you and the consultant, we will not be responsible for any costs or losses you or any person connected with you, incur as a result of those Excluded Services. 

7.5   By placing a Booking you are agreeing to forever waive and release Us and our affiliate and partners from any claims you may have against Us arising out of or in connection with the Excluded Services. 

8. FAILURE TO ATTEND  

If you fail to attend a Seminar but have not varied your Booking in accordance with clause 4, you will forfeit any amounts that you have paid for that Seminar.  This covers the cost we have incurred in organising your Booking and attendance at the Seminar.  You will not receive any credits for a Seminar that has been paid for but for which you do not attend.  You acknowledge that this clause does not work harshly on you.  

9. YOUR RIGHTS TO END THE CONTRACT  

9.1   You can always end your contract with Us.  Your rights when you end the contract will depend on what you have booked, whether there is anything wrong, how We are performing and when you decide to end the contract: 

9.1.1   If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause10; 

 9.1.2   If you want to end the contract because of something We have done or have told you We are going to do, see clause 9.2; or 

9.1.3  If you have just changed your mind, see clause 9.3. You may be able to get a refund if you are within the cooling –off period, but this may be subject to deductions. 

9.2   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 9.1 to 9.2.4 below, the contract will end immediately and We will refund you in full for any Seminars which have not been provided and you may also be entitled to compensation.  The reasons are: 

9.2.1  We have told you about an upcoming change under clause 5.2 which you do not agree to; 

  • We have told you about an error in the price or description of the Seminar and you do not wish to proceed; 
  • There is a risk that supply of the Seminar or any Products(s) may be significantly delayed because of events outside Our control; or 
  • You have a legal right to end the contract because of something We have done wrong.   

9.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013).  For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.  

9.4   When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of: 

9.4.1 digital products after you have started to download or stream these; 

9.4.2   service (including Seminars), even if the cancellation period is still running.  The right to cancel will be lost during the cancellation period if the online service is provided in full before the 14 days elapses.   

9.4.3   sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and 

9.4.4  any Products which become mixed inseparably with other items after their delivery. 

9.5  How long do I have to change my mind?  How long you have depends on what you have ordered and how it is delivered. 

9.5.1  Have you purchased services (for example, Seminars)? If so, you have 14 days after the day We email you, either directly by a team member or through our online booking platform, to confirm We accept your Booking.  However, once We have completed the Seminar you cannot change your mind, even if the period is still running.  If you cancel after We have started the Seminar, you must pay Us for services provided up until the time you tell Us that you have changed your mind. 

9.5.2  Have you bought digital content for downloading or streaming?  If your course starts within the 14 day period (but does not finish in that period).  You have 14 days from the day of your purchase to change your mind.  You must pay for the value of the product that has been provided to you to the point you cancel.  For example if you buy an online course, then change your mind within the 14 days time period, should be returned a proportionate sum.  You will be charged for any admin or material costs and the amount of teach time you use.   

9.5.2.1   If the course is provided in full within 14 days.  The right to cancel will be lost during the cancellation period if the service is provided in full before the 14 days elapses. 

9.5.3  Have you bought goods?  If so you have 14 days after the day you (or someone you nominate) receives the goods, unless 

9.5.3.1   Your goods are split into several deliveries over different days.  In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. 

9.5.3.2  Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods. 

9.6   Tell Us you want to end the contract.  To end the contract with Us, please let Us know by doing one of the following: 

9.6.1  By Email.  Email Us at [email protected].  Please provide your name, home address, details of the Booking and your phone number and email address. 

9.6.2   By post.  Simply write to Us at Our address, giving written notice that you cancel the contract of sale for the following goods, and identify which goods you are cancelling, your name, your contact details, including phone number, email and postal address, and also the date the goods were purchased. 

9.7  Returning products after ending the contract.  If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to Us.  You must either return the goods in person to where you bought them, post them back to Us or (if they are not suitable for posting) allow Us to collect them from you.  Please email Us at [email protected] to arrange collection.  If 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. 

9.8  When We will pay the costs of return.  We will pay the costs of return: 

9.8.1  if the products are faulty or misdescribed; or 

9.8.2  outside Our control or because you have a legal right to do so as a result If 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 of something We have done wrong. 

In all other circumstance (including where you are exercising your right to change your mind) you must pay the costs of return. 

9.9  How We will refund you.  We will refund you the price you paid for the Product and any Seminar(s) including delivery costs, by the method you used for payment.  However, We may make deductions from the price, as described below. 

9.10  Deductions from refunds.  If you are exercising your right to change your mind: 

9.10.1  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 you handling them in a way which would not be permitted in a shop.  If We refund you the price paid before We are able tinspect the goods and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount. 

9.10.2   The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer.  For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at higher cost, then We will only refund what you would have paid for the cheaper delivery option. 

9.10.3  Where the Product is 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. 

9.10.4   Refunds are not granted outside the 14 day cooling off period, unless there are exceptional circumstances.  Any refund is subject to an £100.00 Administrative fee. 

9.11  When your refund will be made.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

9.11.1   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.  For information about how to return a Product to Us, see clause 9.6, 9.7 and 9.8. 

9.11.2  In all other cases, your refund will be made within 14 days of your telling Us you have changed your mind. 

9.12  We may end the contract if you break it.  We may end the contract at any time by writing to you if: 

9.12.1  you do not make any payment to Us when it is due and you still do not make payment within 7 days of Us reminding you that payment is due; 

9.12.2  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(s) or Seminar(s); 

9.12.3  you do not, within a reasonable time, allow Us to deliver the products to you or collect them from Us. 

9.13  You must compensate Us if you break the contract.  If We end the contract in the situations set out in clause 9.12 We will refund any money you have paid in advance for products or Seminars We have not provided but We may deduct or charge you a proportion of the price based on our current charging rates depending on the date on which We end the contract, as compensation for the net cost We will incur as a result of your breaking the contract. 

10. IF THERE IS A PROBLEM  

10.1   How to tell Us about problems.  If you have any questions or complaints about the Product, please contact Us.  You can write to Us at [email protected] or Trouton Bricks Ltd, 15 Palace St, Norwich, Norfolk, NR3 1RT. 

10.2   Summary of your legal rights.  We are under a legal duty to supply products and services that are in conformity with this contract.  Nothing in these terms will affect your legal rights. 

Summary of your legal rights 

This is a summary of your key legal rights.  These are subject to certain exceptions.  For details information, please visit the Citizens Advice website www.adviceguide.org.uk. 

If you Product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says good must be described, fit for purpose and of satisfactory quality.  During the expected life of your Product your legal rights entitle you to the following: 

Up to 30 days: if your item is faulty, then you can get a refund. 

Up to six months: if your faulty item can’t be repaired or replace, then you’re entitled to a full refund, in most cases. 

Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back. 

If your Product is digital content, for example a mobile phone app or a subscription to online information or courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:  

if your digital content is faulty, you’re entitled to a repair or a replacement. 

if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back 

if you can show the fault has damaged your device and We haven’t used reasonable care and skill, you may be entitled to a repair or compensation  

iyour Product is services, for example the provision of a Seminar, the Consumer Rights Act 2015 says: 

you can ask Us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it. 

iyou haven’t agreed a price upfront, what you‘re asked to pay must be reasonable.  If you haven’t agreed a time upfront, it must be carried out within a reasonable time. 

10.3  Your obligation to return rejected products.  If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to Us or (if they are not suitable for posting) allow Us to collect them from you.  We will pay the costs of postage or collection.  Please email Us at [email protected] to arrange collection.

11. PRICE AND PAYMENT  

11.1   The price will be set out in Our price list in force at the time We confirm your Booking.  Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with you.  

11.2   These prices do not include VAT which will be added onto the price at the current rate.  If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Seminar in full before the change in the rate of VAT takes effect. 

11.3   Upon submitting a Booking, We will request a deposit from you to secure your place on a Seminar (Deposit) by way of credit or debit card.  We will not accept a Booking unless We receive your Deposit.  We will send you an invoice in respect of your Booking (by email or by post) and full payment of the balance for the Seminar must be made 30 days prior to the date of the Seminar.  Your rights to a refund on cancellation are set out in clause 9. 

11.4   If you do not make any payment due to Us by the due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclay’s Bank Plc from time to time.  This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement.  You must pay Us interest together with any overdue amount. 

11.5   We take all reasonable care to ensure that the price advised is correct.  However please see clause 11.9 for what happens if We discover an error in the price specified in your Booking. 

11.6   If We have to cancel a Booking before the start date for the Seminar, due to an Event Outside our Control persists or the unavailability of key personnel or key materials without which We cannot provide the Seminar are unavailable.  We will promptly contact you if this happens. 

11.7   We will pass on changes in the rate of VAT.   

11.9   What happens if We got the price wrong.  It is always possible that, despite Our best efforts, products and services may be incorrectly priced.  We will normally check prices before accepting our booking so that, where the Product’s correct price at your Booking date is less than Our stated price at your Booking Date, We will charge the lower amount.  If the correct price at your Booking date is higher than the price stated in Our price list, We will contact you for your instructions before We accept your Booking.  If We accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any goods provided to you. 

11.10   We can charge you interest if you pay late.  If you do not make any payment to Us by the due date We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time.  This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement.  You must pay Us interest together with any overdue amount.  

11.11   What to do if you think an invoice is wrong.  If you think an invoice is wrong please contact Us promptly to let Us know and We will not charge you interest until We have resolved the issue.  

12. RESCHEDULING A BOOKING  

If you would like to reschedule your enrolment on a Seminar from the original Seminar date, you must notify Us in writing providing Us with full details of the original date and your preferred Seminar date.  We are not obliged to reschedule your enrolment but may do so at Our own discretion.  You acknowledge that We may incur additional charges as a result and We will be entitled to recover these reasonable costs from you.  You further acknowledge that Our ability to reschedule will depend on the availably of places and that We shall, to the fullest extent permitted by law, have no liability to you in the event that no places are available.

 

13.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1   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 breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or it, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the sales process. 

13.2   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.  If defective digital content that We have supplied damages a device or digital content belonging to you We will ether repair the damage or pay you compensation.   

13.3   We are not liable for business losses. 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.

14.  EVENTS OUTSIDE OUR CONTROL OUR 

14.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control (including but not limited to Us having to rearrange or cancel a Seminar).  

14.2    An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks.  

14.3   If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: 

14.3.1   We will contact you as soon as reasonably possible to notify you; and 

14.3.2   Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects Our performance of the Seminar to you, We will rearrange the Seminar as soon as reasonably possible after the Event Outside Our Control is over.   

14.4  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Seminar. Please see your cancellation rights under clause 10.  We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in clause 10. 

15.  HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1   We will use the personal information you provide to Us to: 

15.1.1   provide the Seminar; 

15.1.2   process your payment for such Seminar; and 

15.1.3   If you agreed to this during the Booking process, to inform you about similar products that We provide, but you may stop receiving these at any time by contacting Us. 

15.2   We may pass  your personal information to credit reference agencies.  Where We extend credit to you, We may pass your personal information to credit reference agencies and they may keep a record of any search that they do. 

15.3   We will only give your personal information to other third parties where the law either requires or allows Us to do so. 

16.  OTHER IMPORTANT ITEMS

16.1   We may transfer this agreement to someone else.  We may transfer Our rights and obligations under the Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms. 

16.2   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 in writing. 

16.3   Nobody else has any rights under this Contract.  This contract is between you and Us.  No other person shall have any rights to enforce any of its terms. 

16.4   If a court find 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. 

16.5   Even if We delay in enforcing this contract, We can still enforce it later.  If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that we have waived Our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 

16.6   Which laws apply to this contract and where you may bring legal proceedings.  These Terms are governed by English Law.  You and We both agree to submit to the non-exclusive jurisdiction of the English courts.  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.

 

17.  WEBSITE TERMS

The Website is operated by Trouton Bricks ltd (“We” or “Us”).  We are a limited company registered in England and Wales under company number 5749989 and have our registered office at 15 Palace Street, Norwich, Norfolk, NR3 1RT.   

17.0   Accessing the Website:

17.1   Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below).  We will not be liable if, for any reason, the Website is unavailable at any time or for any period. 

17.2   From time to time, we may restrict access to some parts of the Website to users who have registered with us. 

17.3   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, and 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 opinion you have failed to comply with any of the provisions of these terms of use. 

17.4   You are responsible for making all arrangements necessary for you to have access to the Website,  You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.   

 

18.  INTELLECTUAL PROPERTY RIGHTS

18.1   We are the owner of all intellectual property rights in the Website and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. 

18.2   You may only download extracts, of any pages(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. 

18.3   You must not modify the paper or digital copies of any materials you have downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics  separately from any accompanying test.   

18.4   Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.  

18.5   You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us. 

18.6   If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

 

19.  RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance place on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

 

20.  OUR SITE CHANGES REGULARLY

We aim to update the Website regularly, and may change the content at any time.  If the need arises, we may suspend access to the Website or close it indefinitely.  Any of the material on the Website may be out of date any given time, and we are under no obligation to update such material.

21.  OUR LIABILITY

21.1   The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.  To the extent permitted by law, we and third parties connected to us hereby expressly exclude: 

21.1.1   All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 

21.1.2   Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: 

21.1.2.1  loss of income or revenue; 

21.1.2.2  loss of business;  

21.1.2.3  loss of profits or contracts; 

21.1.2.4  loss of anticipated savings; 

21.1.2.5   loss of date; 

21.1.2.6   loss of goodwill; 

21.1.2.7   wasted management or office time; and 

21.1.2.8   for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

21.1.2.9 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

22.  INFORMATION ABOUT YOUR VISITS TO THE WEBSITE

We process information about you in accordance with our privacy policy.  By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

23.  INFORMATION ABOUT YOUR VISITS TO THE WEBSITE

23.1   You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website.  You must not attack the Website via denial-of service attack or a distributed denial-of service attack. 

23.2  By breaching the provision in 23.1 above, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and, if so, we will co-operate with those authorities by disclosing your identify to them.  In the event of such a breach, your right to use the Website will cease immediately. 

23.3  Whilst we will not intentionally allow the Website to be used for such purposes, we will not be liable for any loss or damage caused by a distributed denial-of –service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

24.  LINKING TO THE WEBSITE

24.1   You may link to any page on the Website, provide you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.  Any links must be in a simple hyperlink text format. 

24.2   You must not establish a link from any website that is not owned by you. 

24.3   The Website must not be framed on any other site. 

24.4   The content of the Website may change from time to time.  It is your responsibility to ensure that any links are up to date. 

24.5   we reserve the right to withdraw linking permission without notice. 

24.6   If you wish to make any use of material on the Website other than that set out above (such as graphics and downloadable PDF documents), please address your request to support@rachaeltroughton.com

25.  LINKS FROM THE WEBSITE

Where the Website 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.  Any dealings you have with third party are solely between you and that third party.

 

26.  JURISDICTION AND APPLICABLE LAW

26.1   The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these terms in your country or residence or any other relevant country. 

26.2  These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

 

27.  VARIATIONS

We may revise these terms of use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.  Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.

 

28.  SEVERANCE

28.1   If any provision of these terms of use (or part of any provision is found by any court or other body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. 

28.2   If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

29.  YOUR CONCERNS

If you have nay concerns about material which appears on the Website, please contact us on: [email protected]