TERMS AND CONDITIONS

 

These terms and conditions apply to Services provided by Navigation and Stability with Philip Ashton (“N&S” or “we” or “us”).

These terms and conditions apply to all Services we provide.  Please read these terms and conditions carefully before purchasing.

If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. Purchasing any of our Services, will be deemed as conclusive acceptance of these terms and conditions.

“Subscription Materials” means the information provided by N&S provided as part of the Services in electronic form.

“Services” means the provision of Subscription Materials by N&S via access to an online portal and the provision of Subscription Materials by email.

 

1. OUR TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply the Services to you.

1.2  Why you should read them. Please read these terms carefully before you subscribe to the Services. These terms tell you who we are, 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.

1.3  Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual and you are buying the Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4  If you are a business customer this is our entire agreement with you. If you are a business customer 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 agreement.

 

2.  INFORMATION AND HOW TO CONTACT US

2.1  Who we are. We are Navigation and Stability with Philip Ashton.

2.2  How to contact us. You can contact us by emailing us at info@navigationandstabilitywithphilipashton.com.

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 the postal address you have provided.

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

 

3.  OUR CONTRACT WITH YOU

3.1  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.  For telephone orders, you will be notified of our terms and conditions on the call and we shall confirm your acceptance of the terms and conditions by email once you have placed your order for the Services.

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Subscription Materials. This might be because the software is temporarily unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because your payment method has not been successful, or because we have identified an error in the price or description of the Services.

3.3 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.

3.4 Our agreement. On acceptance of your order we agree to provide the Services with reasonable skill and care in accordance with your order provided that you make the necessary payments relating to your order. We do not make any guarantee that you will obtain a particular outcome or employment opportunity as a result of your order.

We will use all reasonable endeavours to provide the Services on the dates and at the times agreed with you, but any such dates are estimates only and failure to perform the Services on the specified dates and at the specified times will not give you the right to terminate your contract.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

For the avoidance of any doubt, time shall not be of the essence for the purposes of our carrying out the Services pursuant to this contract

3.5  Your responsibilities. It is your responsibility to ensure that:

• You provide us with all accurate information that we request from you in order to provide the Services
• You keep your password for accessing the Services secure and do not share the password with any other individual

 

4.  SERVICES AND DELIVERY

4.1 Delivery. Once payment has been received for the Services and your order has been confirmed by us via email, the Subscription Materials will be immediately available through the online portal using the password provided to you in the email order confirmation.

This is a rolling subscription service, with payments occurring on the monthly renewal date.

 

5.  OUR RIGHTS

5.1 Changes to terms and conditions. We may need to change our terms and conditions from time to time, for business purposes or due to new legislation.  We will notify you of any changes to our terms and conditions that occur during your subscription to the Services, and by posting a notice on the website specifying the date on which the new terms will go into effect. This date will be at least 14 days following the date of the notice appearing on the site and being sent by email. If you do not agree to the new terms and conditions, please do not access the online portal from the date the new terms and conditions come into effect. If you do access the online portal after the date of the new terms and conditions coming into effect, then the new terms will apply to your subscription to the Services.

5.2 Updates to digital content. We may update digital content on the online portal provided that the digital content shall always match the description of it that we provided to you before you subscribed to the Services.

 

6. PROVIDING THE SCUBSCRIPTION MATERIALS

6.1 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:

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

(b) update the content to reflect changes in industry standards or practice, relevant laws and regulatory requirements;

(c) investigate any unacceptable conduct issues regarding your subscription to the Services.

6.2 Your rights if we suspend the supply of the Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the supply of the Services for longer than 30 days, we will adjust the price so that you do not pay for the Services whilst they are suspended. You may contact us to end the contract for the supply of Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.

 

7. YOUR RIGHTS TO END THE CONTRACT

7.1 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most Services bought online you have a legal right to change your mind within 14 days and receive a refund for the Services. You will be refunded within 14 days of us receiving your request for a refund. However, this right to change your mind does not apply to software products such as the Subscription Materials we provide through an online portal, once the digital content has begun to be accessed, streamed or downloaded, or the performance of the digital content has started. By providing payment and receiving the digital content to your device you will be deemed to have commenced the accessing, streaming or downloading of the digital content, and you are therefore waiving your right to withdraw from the contract.

7.2 Cancellation due to faulty goods or services. If the digital content we have supplied to you is faulty, you will have a right to cancel your contract immediately.

7.3 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 are not a consumer who has a right to change their mind (see Clause 7.1), you can still end the contract by giving at least 14 days’ notice prior to the next payment being due for the Services.

 

8.  HOW TO END YOUR CONTRACT WITH US

(Including if you are a consumer who has changed their mind)

8.1  Tell us you want to end the contract. To end the contract with us, please notify us in writing by email at info@navigationandstabilitywithphilipashton.com.

Please provide your name, phone number and email address
OR
Log onto the website and go to ‘My Account’ > ‘Order History’ > click on ‘View’ > then click ‘Cancel’.

8.2  How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Services, by the method you used for payment within 14 days of the date on which you have notified us of your wish to cancel the contract. However, we may make deductions from the price, as described below.

8.3  When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, 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.

8.3  When your refund will be made. We will make any refunds due to you as soon as possible, but in any event, within 14 days of you telling us that you have changed your mind. Please note that refunds will not be given for orders for digital content as customers are notified at the point of order that in providing payment and receiving the digital content to your device you will be deemed to have commenced the accessing, streaming or downloading of the digital content, and you are therefore waiving your right to withdraw from the contract or claim a refund.

 

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract for the Services at any time by writing to you if:

(a) you fail to keep secure, or intentionally share you password for the online portal and as a result any other individual is able to access the Subscription Materials using your password for the online portal; or

(b) are otherwise in breach of these terms and conditions.

9.2 We may withdraw the provision of the services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 1 month in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

 

10. IF THERE IS A PROBLEM WITH THE PROVISION OF SERVICES

How to tell us about problems. If you have any questions or complaints about the Services we provide, please contact us. You can email us at info@navigationandstabilitywithphilipashton.com.

 

11.  PRICE AND PAYMENT

11.1 Where to find the price for the Services. The price of the Services (which includes VAT at the rate applicable at the time of order) will be the price indicated on the order pages when you placed your subscription order. We use our best efforts to ensure that the price of the Services advised to you is correct. However please see Clause 11.2 for what happens if we discover an error in the price of the Services you order.

11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’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 Service’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.

11.3 When you must pay and how you must pay. We accept payment through Stripe. You must pay for all Services at the point when you place an order for the Services on our website.

11.4 No right of set-off if you are a business customer. If you are a business customer 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).

 

12.  OUR RESPONSIBILITY FOR LOSS AND DAMAGE

12.1 Liability. We do not accept any liability for:

• any loss or corruption of data resulting from using our online services or any other IT issues resulting therefrom
• any costs, fees or expenses arising directly or indirectly from your taking part in the Services
• any loss of profit, revenue or goodwill, or
• any indirect, special or consequential losses, costs or expenses arising from any breach of the terms of our contract.

12.2 Exclusion of conditions and warranties. Except to the extent that they are expressly set out in these terms and conditions, all other conditions and warranties given by us are excluded to the fullest extent permitted by law.

12.3 Limitation of liability. Subject to clause 12.4 below, and notwithstanding anything to the contrary contained or referred to herein, our total liability to you arising from or in connection with the Services (and whether the liability arises as a result of breach of contract, negligence or otherwise) shall be limited to 50% of the payment received by us from you in connection with the relevant Services.

12.4 Limit of exclusion of liability. Nothing in this Agreement shall exclude or limit our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.

12.5 No subsequent claims. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

12.6 Following termination of your agreement. This Clause 12 shall continue to apply following termination of your agreement with us.

 

13.  HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1  How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

 

14.  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. We will contact you to let you know if we plan to do this.

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. There shall be no obligation on us to agree to such transfer. You will remain liable to pay our fees for the transferred subscription in the event of the person to whom it has been transferred fails to pay the same to us when due.

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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. Under no circumstances are you permitted to redistribute or resell any element of the Services or to share your password account details with any third party.

14.4  If a court finds part of this contract illegal, the rest of the terms 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 Services, 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 if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

14.7  Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

 

Terms and Conditions last updated 17 February 2020.