Our terms
1.1 What these terms cover. These are the terms and conditions on which we supply our digital products and support service to you. You waive any right you might otherwise have to rely on any term endorsed upon, delivered with or contained in any of your documents that is inconsistent with these terms and conditions.
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 our 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. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are How To Setup (referred to in this document as “we”, “us” or “our”).
2.2 How to contact us. You can contact us by e-mailing info@howtosetup.co.uk or by calling the number on our contact page.
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.
Please read these terms and conditions carefully. By submitting your order through our website for the purchase of our digital content you are agreeing to the terms and conditions that appear below. You are also agreeing to be bound by our following terms:
– Our Privacy Policy
– Our Licence for Digital Download
– Our Acceptable Use Policy
– Our Cookie Policy
These terms and conditions set out the basis on which you will purchase the digital content from us via our website.
You will agree to pay the price indicated on the order page when you place your order. You must pay when your order is placed and there is no obligation on us unless payment is received when your order is placed.
No representation or warranty, express or implied, is or will be made and no responsibility or liability is or will be accepted by How To Setup or completeness of the content of any product or digital content. How To Setup hereby expressly excludes, to the fullest extent permitted at law, any liability arising as result of use, application or reliance placed upon on the content of any product or digital content.
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when you place an order by our website and we email you documentation 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 or digital content.
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.
4 Our products
4.1 We will contact you usually within 24 hours after payment to send you over documentation and provide you assistance to start your training school business.
4.2 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 reasonably possible to let you know and we will take reasonable 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.
5 Your rights to end the contract.
5.1 Normally consumer would refer to the Consumer Contracts Regulations.
5.2 However, you do not have a right to change your mind in respect of digital products after you have started to download them or received them via e-mail from us. If you have not received an e-mail or downloaded the content from us yet, then you have 14 days to to claim a refund.
6 How to end the contract with us
6.1 Tell us you want to end the contract. To end the contract with us, please e-mail us at info@howtosetup.co.uk. Please provide your name, home address, details of the order, your order number, phone number and email address.
6.2 How we will refund you. If you are entitled to a refund under this contract we will refund you the price you paid.
6.3 When your refund will be made. If you are entitled to a refund under this contract we will make any refunds due to you as soon as possible.
7 Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract for any product, digital content or service at any time by writing to you if you do not make any payment to us when it is due.
7.2 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You e-mail us at info@howtosetup.co.uk or call us on the number on the contact us page.
8 When you must pay and how you must pay. We accept payment through Stripe, which includes credit cards, debit cards and Klarna payments.
8.1 For all our digital content, you must pay for the products before you download or receive them via e-mail.
9 Our responsibility for loss or damage suffered by you
9.1 Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this contract or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.
9.2 Nothing in these conditions shall limit or exclude our liability for:
9.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
9.2.2 fraud or fraudulent misrepresentation;
9.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
9.2.4 defective products under the Consumer Protection Act 1987; or
9.2.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
9.3 Subject to clause 9.1:
9.3.1 we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
(a) any loss of profit;
(b) any indirect or consequential loss;
(c) loss of use;
(d) loss of anticipated savings;
(e) loss of business opportunity;
(f) loss of contracts;
(g) loss of goodwill; or
(h) loss arising from damaged, corrupted or lost data,
arising under or in connection with this contract; and
9.3.2 our total liability to you in respect of all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products plus delivery costs.
9.4 We are not liable for business losses.
9.5 We have no liability to you for any indirect losses, loss of profit, loss of business, business interruption, or loss of business opportunity loss of use, loss of anticipated
savings, loss of business opportunity, loss of contracts and loss of goodwill arising under or in connection with this contract.
10 Intellectual property rights
10.1 You acknowledge that:
10.1.1 all Intellectual Property Rights in the products throughout the world belong to us;
10.1.2 all derivative works, including works generated or developed following the date of this contract which is based on the products or an underlying work in relation to this, throughout the world belong to us;
10.1.3 that rights in products are licensed (not sold) to you; and
10.1.4 that you have no intellectual property rights in, or to, the products other than the right to use the products in accordance with the terms of this contract.
10.2 You acknowledge that all rights not expressly granted to you in these terms are reserved to us.
10.3 In this contract the term “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) 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.
11 How we may use your personal information
11.1 How we may use your personal information. We will only use your personal information as set out in Our Privacy Notice.
11.2 Each party may disclose the other party’s confidential information:
11.2.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this Clause 11.2; and
11.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.3 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this contract.
12 Other important terms
12.1 Both parties to this contract shall comply with all applicable laws in performing its obligations and exercising its rights under this contract.
12.2 This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. The rights of the parties to rescind or vary this contract are not subject to the consent of any other person.
12.3 We may transfer this contract 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 the contract.
12.4 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.
12.5 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.
12.6 No variation of this contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.7 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.
12.8 Nothing in this contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
12.9 The contract, Our Privacy Policy, Our Acceptable Use Policy, Our Cookie Policy and Our Licence constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
12.10 Each party acknowledges that in entering into this contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this contract.
12.11 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
12.12 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. If you are a consumer under the Consumer Rights Act 2015 and you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.