www.quietosophy.com is a site operated by Sophie Morris Trading as Quietosophy (“we” or “us”). Our address is 24 Eastview Road, Wargrave, RG10 8BH and our email address is email@example.com
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
LINKING TO OUR SITE
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
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.
This does not affect any liability which cannot be excluded or limited under applicable law.
E-book and other online educational products
This section tells you the terms and conditions (Terms) on which we supply any of the products (Products) listed on our website to you. Please read these Terms carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for your future reference.
By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.
1. Service availability
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
By placing an order through our site, you warrant and confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom;
(d) You are accessing our site from the United Kingdom; and
(e) You will only use a Product for your business use and you may not sell, publish or distribute such document or use it in whole or in part to create another document.
2. How the contract is formed between you and us
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is available for download (the Download Confirmation). The contract between us (Contract) will only be formed when we send you the Download Confirmation.
2.2 The Contract will relate only to those Products whose download we have confirmed in the Download Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the download of such Products has been confirmed in a separate Download Confirmation.
2.3 You agree that we may begin the supply of digital content not on a tangible medium (including e-books and other digital files) before the end of the cancellation period set out in paragraph 4.4 below and you acknowledge that you will lose your cancellation rights in relation to such digital content.
2.4 If you are purchasing a Product as a consumer, you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at email@example.com or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this contract. However please see clause 4.3 about digital content.
2.5 and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact firstname.lastname@example.org to advise us that the Product has not been made available for download. As our systems are automated, we shall not be liable for any delay in the download of any Product.
4. Title and Intellectual Property
4.1 You will only be entitled to use the Products when we receive full payment of all sums due in respect of the Products.
4.2 As between us and you, all Intellectual Property Rights and all other rights in any Products shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Product.
4.3 We shall enforce our Intellectual Property Rights in the Products to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A PRODUCT IS STRICTLY PROHIBITED.
5. Price and payment
5.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
5.2 These prices include VAT except where expressly stated otherwise.
5.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
5.4 Payment for all Products must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Product.
6.1 As you are able to download, make use of and copy the Product immediately, we will only offer refunds in limited circumstances at our discretion.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. Our liability
7.1 Our Products are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Products as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
7.2 If, for any reason, we are liable for any damages, other than those for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law), our total liability shall be limited to the amount of the Product purchased.
7.3 By purchasing a Product, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Product, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
8. Written communications
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Sophie Morris at24 Eastview Road, Wargrave, RG10 8BH. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10. Transfer of rights and obligations
You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Entire agreement
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
15. Our right to vary these terms and conditions
15.1 We have the right to revise and amend these terms and conditions from time to time.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
RELEASE AND DISCLAIMER
You agree that you are participating in Quietosophy Coaching Programmes, Courses and materials at your own risk and that I shall not be liable under any circumstances for any matter arising out of your participation (other than for matters for which I am not legally able to exclude or limit liability such as death or personal injury caused by our negligence or fraudulent misrepresentation).
Due to the nature of coaching, I do not guarantee any particular result. I will endeavour to ensure that all information that I provide is accurate and up-to-date but I shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
Copyright © Sophie Morris 2020
I Sophie Morris am the owner of (or licensee) of all intellectual property rights in all materials provided to you or information shared with you at/in Quietosophy Coaching Programmes, Courses and materials (“materials”).
The materials are protected by copyright laws and treaties around the world. Where I am legally able to do so, I grant you a worldwide, non-exclusive, royalty-free, revocable licence to use the materials for your own purposes only. You may not reproduce in any format or share or disclose to any person any part (or all of) the materials without our/my prior written consent.
Other than the above, I do not grant you any other rights in relation to the materials and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public any or all of the materials (in any form or media) without our/my prior written permission.
You may not without my prior written consent make any audio or visual recordings of any part of Quietosophy Coaching Programmes, Courses and materials.
I take the protection of my copyright very seriously. If I discover that you have breached the terms of the above licence, I may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using the materials. You could also be ordered to pay my legal costs.
Law and jurisdiction
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.