Terms and conditions
The following page covers using the Caroline King Copywriting website, buying e-commerce products or booking training with me. Before our project begins, I will provide you with the official Terms and Conditions of working together.
Downloads and media files
Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available, users are advised to verify their authenticity using third party anti-virus software or similar applications. I accept no responsibility for third party downloads and downloads provided by external third party websites. I advise users to verify their authenticity using third party anti-virus software or similar applications.
Contact and communication
Users contacting me through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use. Where I have clearly stated and made you aware of the fact, and where you have given your express permission, I may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in ‘The policy’ above.
External website links and third parties
Although I try to only include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website.
URL shortening is a technique used on the web to shorten URLs (Uniform Resource Locators) to something substantially shorter. This technique is especially used in social media and looks similar to those found on http://bit.ly.
Users should take caution before clicking on shortened URL links and verify their authenticity before proceeding. I cannot guarantee or verify the contents of any externally linked website despite my best efforts. Users should therefore note they click on external links at their own risk. I cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social media policy and usage
I adopt a Social Media Policy when I conduct myself online. While I may have official profiles on social media platforms users are advised to verify authenticity of such profiles before engaging with, or sharing information with such profiles. I will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with me on social media. There may be instances where this website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page.
Consent to communicate
Caroline King Copywriting is committed to protecting and respecting your privacy. I will only use your personal information to administer your account and to provide the products and services you requested. From time to time, I would like to contact you about my products and services, as well as other content that may be of interest to you.
Our terms for e-commerce products and training
1. These terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services (e.g. training) or digital content.
- Business customers. Our website is for business customers only. You are a business if you are buying products from us to use in connection with your trade, business, craft or profession.
- Orders from outside of the UK. We accept orders from outside of the UK.
2. Information about us and how to contact us
- Who we are. We are Caroline King trading as Caroline King Copywriting, a sole trader established in England and Wales. Our address is 29 Lincoln Street, Brighton, East Sussex, BN2 9UG
- How to contact us. You can contact us by telephoning 07561 049 010 or by emailing email@example.com or writing to us at 29 Lincoln Street, Brighton, East Sussex, BN2 9UG.
- 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 you provided to us in your order.
3. Definitions and Interpretation
In these Terms the following words and phrases shall have the following meanings:
Charges: our charges for the Training.
Contract: the contract between you and us for the supply of Digital Content or Training.
Customer or you: the person or firm who purchases the Digital Content or the Training from us.
Digital Content: the products provided by us through our Website in digital format.
Caroline King Copywriter, we or us: Caroline King Copywriter (whose details are set out in clause 2.1).
Intellectual Property Rights: 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, and rights to claim priority from, 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.
Price: the price for the Digital Content.
Products: the Digital Content and the Training which can be purchased through our Website.
Terms: these terms and conditions.
Training: the training courses which we provide to you which are (a) Caroline King Copywriter branded courses provided to a number of businesses; or (b) in-house training provided to a business.
Training Documents: the documents which we provide to you during the Training.
Website: our website at carolinekingcopy.com
- A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
- Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A reference to writing or written includes email.
4. Our contract with you
- Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Products specified in the order subject to these Terms.
- Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- Acknowledging receipt of your order for Training. After you place an order for Training, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.
- Accepting your order. Our acceptance of your order takes place when:
- if you are booking for Training, we send the email to you to accept it (Order Confirmation), at which point the Contract between you and us will come into existence;
- if you are purchasing Digital Content, we send you the link to download it.
- If we cannot accept your order. If we are unable to supply you with the Training for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Training, we will refund you the full amount.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Your copy. You should print a copy of these Terms or save them to your computer for future reference.
5. Our products
- Updates to Digital Content. We may update Digital Content, provided that the Digital Content shall always match the description of it that we provided to you before you bought it.
- Minor changes to the Products. We may change the Product:
- to reflect changes in relevant laws and regulatory requirements (for example, changes to the legislation on accessibility of websites); and
- to implement minor technical adjustments and improvements (for example, as a result of changes by Google to their search engine optimisation processes).
6. Providing the Products
- When we will provide the Products.
- If the Products are one-off services (e.g. a single training course). We will perform the Training on the date and time set out in the order.
- If the Product 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 order.
- If the Products are ongoing services (e.g. a training course delivered on more than one occasion). We will supply the Training on the dates and times set out in the order.
- Reasonable care and skill. We warrant to you that the Training will be provided using reasonable care and skill.
- Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Training by such dates will not give you the right to terminate the Contract.
7. Cancellation of Training
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
7.1 If you cancel your booking on a Caroline King Copywriting branded Training course. Cancellations made more than 2 weeks before the date of the course will be refunded in full apart from an administration fee of 3% of the booking fee (Administration Fee) if you paid by credit or debit card. This is to cover the charges made by our payment provider. The closer to the date of the course that you cancel the more difficult it is for us to resell the place. If you cancel less than 2 weeks before the date of the course, the Charge for the Training will not be refunded unless we can resell your place on the course in which case we will offer a full refund minus the Administration Fee.
7.2 If we cancel a Caroline King Copywriting branded Training course. We reserve the right to cancel a course at any time but will always give you as much notice of the cancellation as possible. If we cancel a course a full refund will be made.
7.3 If you rearrange your booking for an inhouse course to be delivered to your business. If you need to rearrange your booking we require at least 2 weeks’ notice prior to the scheduled date for the Training. We will work with you to find a suitable alternative date. If we do not receive 2 weeks’ notice there will be a charge of 20% of the Charges for the Training to cover our costs of rearranging the booking.
7.4 If you cancel your booking for an inhouse course to be delivered to your business. Cancellations made more than 2 weeks before the date of the course will be refunded in full apart from an administration fee of 3% of the booking fee (“Administration Fee”) if you paid by credit or debit card. This is to cover the charges made by our payment provider. The closer to the date of the course that you cancel the more difficult it is for us to resell the place. If you cancel less than 2 weeks before the date of the course, the course fee will not be refundable.
7.5 If we cancel or rearrange your booking for an inhouse course to be delivered to your business. If we have to cancel your booking for an inhouse course we will endeavour to give you as much notice as possible. However we may need to cancel or rearrange on short notice due if the trainer cannot deliver the Training due to ill health or injury.
8. Your Obligations
8.1 Your obligations if we’re providing inhouse Training. You shall:
(a) ensure that the terms of your order are complete and accurate;
(b) co-operate with us in all matters relating to the Training;
(c) promptly confirm the date for the Training and where the Training is to take place at the Customer’s premises, meet our reasonable requests with regard to the provision of a suitable environment in which to deliver the Training;
(d) not exceed the agreed number of attendees for the Training;
(e) provide us with such information and materials as we may reasonable require in order to provide the Training and ensure that such information is complete and accurate in all material respects; and
(f) promptly respond to any queries raised by us.
8.2 What happens if you do not comply with your obligations. If our performance of any of our obligations under the Contract is prevented or delayed by your act or omission or your failure to perform any relevant obligation (Customer Default):
(a) we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 8.2; and
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default
9. Price for Digital Content
- Where to find the price for the Digital Content. In consideration of us providing the Digital Content, you must pay the Price in accordance with clause 11. The Price will be the price indicated on the order page on our Website when you placed your order. We use our best efforts to ensure that the price of the Digital Content advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Digital Content you order.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Digital Content may be incorrectly priced. We will normally check prices before accepting your order so that, where the Digital Content’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Digital Content’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10. Charges for Training
- Obligation to pay the Charges. In consideration of us providing the Training you must pay our Charges in accordance with clause 11. The Charges are quoted on our Website at the time you submit your order.
- Changes to inhouse Training. If you wish to change the Training (for example, by increasing the number of participants or changing the duration), and we agree to such a change, we will modify the Charges accordingly.
- Incorrect Charges. We take all reasonable care to ensure that the Charges stated for the Training are correct at the time when the relevant information was published on the Website. However, please see clause 10.6 for what happens if we discover an error in the price of the Training you ordered.
10.5 What happens if the Charges are incorrect. It is always possible that, despite our reasonable efforts, some of the Training on our Website may be incorrectly priced. Where the correct price for the Training is less than the Charges stated on our Website, we will charge the lower amount. If the correct price for the Training is higher than the Charges stated on our Website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to book the Training at the correct Charges or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the Training and refund you any sums you have paid.
- When you must pay and how you must pay. We accept payment by credit card, debit card, Paypal and Stripe. When you must pay depends on what you are buying:
- For Digital Content, you must pay the Price for the Digital Content before you download it.
- For Training, you must pay the Price for the Training in advance when you book the Training.
- Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge 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 4% a year above the base lending rate of the Bank of England 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 judgment. You must pay us interest together with any overdue amount.
12. Our responsibility for loss or damage suffered by you:
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- Circumstances when we are not liable to you. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Exclusion of statutory rights. Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Exclusion of indirect losses. Subject to clause 12.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- Circumstances when we are not liable to you. Nothing in these terms shall limit or exclude our liability for:
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
12.4 Limit on our liability under the Contract. Subject to clause 12.2, our total liability to you arising under or in connection with this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the lower of £1,000 and one hundred and fifty per cent (150%) of the total sums paid by you for the Products under this Contract.
13. Intellectual Property Rights
- Ownership of intellectual property rights. We are the owner or the licensee of all Intellectual Property Rights in the Products. The Products are protected by copyright laws and treaties around the world. All such rights are reserved.
- Your rights to use the Digital Content or Training Materials. When you purchase Digital Content we grant you a non-exclusive licence to use the Digital Content subject to the restrictions set out in clause 13.3. When you attend a Training Course we grant you a non-exclusive licence to use the Training Materials subject to the restrictions set out in clause 13.3.
- Restrictions on use of the Products. The Digital Content and Training Documents are for your internal business use only. The Digital Content and Training Documents shall not be modified, copied, reproduced or shared with anyone outside of your organisation. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14. How we may use your personal information
- Our obligation of confidentiality. We undertake that we will not at any time during the Contract, and for a period of three years after termination of the Contract, disclose to any person any confidential information concerning your business, affairs, customers, clients or suppliers, except as permitted by clause 2. We may only use your confidential information for the purpose of fulfilling our obligations under the Contract.
- When we may disclose information. We may disclose your confidential information:
- to such of our employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising their rights or carrying out their obligations under the Contract. We will ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 2; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16. Termination, consequences of termination and survival
- Termination Without limiting any of our other rights, we may suspend the performance of the Training, or terminate the Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do
- you fail to pay any amount due under the Contract on the due date for payment;
- you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy
- Consequences of termination. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
17. Other important terms
- Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may not agree if this would affect our ability to provide the Products to you.
- Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
- This is our entire agreement with you. These Terms constitute 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 these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract.
17.8 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
17.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.