Consumer T&Cs – Working Voices

OUR TERMS 

  1. THESE TERMS

1.1           What these terms cover. These are the terms and conditions on which we supply digital products to you, including our Virtual Classes or Learnflix. 

1.2           Why you should read them. Please read these terms carefully before you submit your order 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.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1           Who we are. We are Working Voices Limited, a company registered in England and Wales. Our company registration number is 04018115 and our registered office is at Berkeley Square House, Berkeley Square, London, England W1J 6BD. Our registered VAT number is 761 4989 89.

2.2           How to contact us. You can contact us by writing to us at info@workingvoices.com (email) or Berkeley Square House, Berkeley Square, London, England W1J 6BD (post).

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 provided to us in your order.

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

  1. OUR CONTRACT WITH YOU

3.1           How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2           If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. 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 product or because we are unable to meet a delivery deadline you have specified.

  1. TERMS APPLYING TO YOUR USE OF OUR PRODUCTS

                   Where you order our digital products, please note the following important terms which apply to your use of such products:

  • We remain the owners of the copyright and other intellectual property rights of whatever nature in the products (including any modifications made to them) at all times and grant you a licence to use the products on the terms and conditions described in this Clause 4. The period of such licence shall, unless a fixed licence term is set out in our email to you accepting your order, be a perpetual one (although for the avoidance of doubt any perpetual licence shall expire forthwith on written notice from us if you commit any material breach of these terms).
  • We shall enable you to access the products via the method set out on the order pages or via any other reasonable method as we shall inform you in writing.
  • We grant to you a non-exclusive, non-transferrable, limited licence to use the products for your own internal, non-business and personal training and development purposes only.
  • You shall not copy, or allow anyone else to copy, the products or any part of them, except where such copying is incidental to normal use of the products. You shall maintain adequate security measures to safeguard the products from unauthorized copying or from access or use by any unauthorised person. You shall notify us in writing immediately if you become aware of any unauthorised use of the whole or any part of the products by any person.
  • You acknowledge that, although the products must match the descriptions of them we have given to you prior to your order, the products are not bespoke products prepared to meet your individual requirements and that it is therefore your responsibility to ensure that the products meet your requirements.
  • Where applicable, you shall provide us with all information and assistance that we reasonably request from you in order to provide our products, ensuring that any information given is true, accurate, complete and not misleading in any material respect and you shall provide cooperate with us as may be reasonably necessary for us to perform the services in a timely manner.
  • Unless you have our prior written agreement or consent, you will not photograph, record the sounds of or film any aspect of our products.
  • You must not use the products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms.
  1. OUR RIGHTS TO MAKE CHANGES

5.1           Minor changes to the products. We may change the products:

  • to reflect changes in relevant laws and regulatory requirements;
  • to include additional content within the products for the purposes of supplementing or enhancing them; and

(b)            to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the products.

5.2           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.

  1. PROVIDING THE PRODUCTS

6.1           Delivery costs. The nature of our products is such that no physical delivery of them to you is required and delivery costs are therefore not applicable.

6.2           When we will provide the products. During the order process we will let you know when we will provide the products to you.

(a)             If the product is a one-off purchase of digital content, such as Learnflix. We will make the digital content available for download by you as soon as we accept your order.

(b)            For other digital products, such as our Virtual Classes. We will supply the digital products on the date set out in the order or on the date agreed with you during the order process.

6.3           We are not responsible for delays outside our control. If our supply of the products is delayed by an event 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 products you have paid for but not received.

6.4           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 products to you. If so, this will have been stated in the description of the products on our website. 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 9.2 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.

6.5           Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)             deal with technical problems or make minor technical changes;

(b)            update the product to reflect changes in relevant laws and regulatory requirements; or

(c)             make changes to the product (see Clause 5).

6.6           Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days in any one month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

6.7           We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 11.4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 11.5).

  1. YOUR RIGHTS TO END THE CONTRACT

7.1           You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)             If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 10;

(b)            If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;

(c)             If you have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d)            In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7.6.

7.2           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 (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)             we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 5.2);

(b)            we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)             there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)            we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e)            you have a legal right to end the contract because of something we have done wrong.

7.3           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.

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

(a)             digital products after you have started to download, stream or otherwise view these;

(b)           any products which become mixed inseparably with other items after their delivery.

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

(a)             Have you bought our Virtual Classes digital products? If so, you have 14 days after the day we email you to confirm we accept your order. However, if you have requested immediate provision of those products, then once we have completed delivery of them, you cannot change your mind, even if the period is still running. If you cancel after we have started delivery of them, you must pay us for the products provided up until the time you tell us that you have changed your mind.

(b)            Have you bought digital content for download or streaming (for example, Learnflix)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

7.6           Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for.

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

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

(a)             Email. Email us at info@workingvoices.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)            Online. Complete the form on our website.

(c)             By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

8.2           How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.

8.3           Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, 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.

8.4           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 your refund will be made within 14 days of your telling us you have changed your mind.

  1. OUR RIGHTS TO END THE CONTRACT

9.1           We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)             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;

(b)            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; or

(c)             you do not, within a reasonable time, allow us to supply the products to you.

9.2           You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3           We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT   

10.1        How to tell us about problems. If you have any questions or complaints about our products, please contact us. You can contact us by email at [info@workingvoices.com] or by post at Berkeley Square House, Berkeley Square, London, England W1J 6BD.

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

  1. PRICE AND PAYMENT

11.1        Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2        We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3        What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’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 product’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. If we 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 end the contract, refund you any sums you have paid and require the return of any products provided to you.

11.4        When you must pay and how you must pay. We accept payment with Mastercard, Visa, American Express & Paypal. You must pay at the time you place your order.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1        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 if, 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.

12.2        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 10.2.

12.3        If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12.4        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.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1        How we may use your personal information. We will only use your personal information as set out in our privacy policy.

  1. OTHER IMPORTANT TERMS   

14.1        We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2         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 to this in writing.

14.3        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.

14.4        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.

14.5        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.

14.6        Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

14.7        Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.

To avoid the consumer having the right to exercise the 14 days cancellation right after receiving / completing the Virtual Classes, get the consumer to tick accept a statement such as the following before submitting the order.

”Please provide [SERVICE] to me immediately. I acknowledge that I will lose my right to cancel the contract once [SERVICE] has been fully performed.”