Terms of Use
Please read the following below carefully
SERVICE TERMS AND CONDITIONS
Version number: [1.3]
Effective date: [June 2022]
1. Who we are
1.1 We are Success Psychology. Our detailed information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our assessment/report service and any related services. We’ve tried to make them user-friendly. Please read them carefully and tell us if anything isn’t clear.
3. VERY IMPORTANT – NATURE AND PURPOSE OF OUR SERVICE
3.1 You agree that our report can only be used for the exact purposes listed on the attached Order Form.
3.2 We agree to provide our service with reasonable skill and care.
3.3 However, we do not and cannot promise that our report will achieve your desired purpose, e.g., that it will result in you receiving the grant or additional time/support that you seek. You agree that we will not be involved in any dealings with other bodies such as schools, universities or grant-awarding organisations.
4. How you enter a legal contract with us
4.1 By signing and sending us the attached Order Form you offer to enter a legal contract with us.
4.2 We accept your offer and there is a binding legal contract when we send you a confirmation email or message.
5. Consumer legal right to cancel (“cooling off”)
5.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days of the start of the contract as further explained in the Annex at the end of this document. However, you lose the right to cancel contracts for the supply of services which have been fully performed, i.e., completed.
6. Providing us with accurate information
6.1 You agree to ensure that all information which you supply to us is accurate and you will tell us immediately if there are any important changes.
7. Paying us
7.1 Payment is in advance. You are legally committed to make your payment when you enter a contract with us.
7.2 You must pay the deposit (or the full fee if the assessment is remote) in advance within 24 hours of us sending you the payment request communication (or any alternative period given on our website or agreed with you). If the assessment is in-person, you must pay the balance of the fee at the start of the assessment.
7.3 We are entitled to end this contract if you do not make any payment when due including if you fail to make prompt payment of the balance when you arrive for an in-person assessment or if there is a chargeback.
8. Cancelling, rescheduling and attending assessments
8.1 You are entitled to cancel any assessment provided you tell us by email at least ten days in advance. If so, we will either provide a full refund or, if you request, we will take reasonable steps to reschedule the assessment within 14 days on up to two further occasions. (We are allowed to end the contract if you cancel three appointments.) Unless we agree otherwise, there is no refund if you cancel any appointment within the three days or simply don’t attend.
8.2 We are entitled to cancel or reschedule any assessment if there are exceptional circumstances, e.g., illness. If so, we will give you as much notice as possible and we will provide a full refund if you are unable to attend any rescheduled assessment or if we cancel the assessment without rescheduling it.
8.3 You agree that you and anyone you arrange to attend an assessment will behave in a reasonable and non-disruptive manner. We are entitled to suspend or end an assessment at any time if you break this contract or we reasonably consider that it is necessary to do so for safety reasons.
9. Sending our report
9.1 We will take reasonable steps to send you our draft report by email within the agreed timescale. We are entitled to extend the timescale if there are exceptional reasons, e.g., holiday or sickness.
9.2 You must make your comments within 7 days or any alternative timescale given on our site. If not, the report will be considered as final and there will be no further opportunity for comment. We do not guarantee to accept your comments.
10. Consultation service
10.1 If you take our optional consultation service to help with grant application forms, you are responsible for carefully checking the form before submitting it and for ensuring that it is correct. We are not responsible for any errors.
11. Ending or suspending the contract
11.1 We are entitled to cancel or end this contract or suspend part or all of our service at any time if, acting reasonably, we think that it is necessary to protect you, us or others or that you or anyone on your behalf has behaved inappropriately towards our staff.
12. Restrictions on our legal responsibility – very important
12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
12.2 We shall not be liable for any loss or damage where:
· there is no breach of a legal duty owed to you by us;
· such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
· (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
· such loss or damage relates to a business of yours.
12.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
13. Intellectual property rights
13.1 We own the copyright and other intellectual property rights in our report. We license, i.e., permit, you to use it only for the purposes stated on the Order Form. You must not otherwise use it including copying, publishing, selling or adapting it or taking extracts from it unless we specifically say so in writing (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
13.2 You are not entitled to have copies of any of testing material that you provide during and after the assessment is completed.
14. Your personal information – see our privacy policy
14.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
15. Things we can’t control
15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
16. Transferring this contract to someone else
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
17. English law and courts
17.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.
18. General but important information
18.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
19. Complaints
19.1 If you have any complaints, please contact us via the contact details shown below. You agree to contact us directly and to give us a reasonable opportunity to resolve any complaint before posting a public negative review or comment on the Internet .
20. Information about us
20.1 Name: “Success Psychology”
20.2 Contact address: Bainbridge Rd, Smethwick, B66 4SY, UK
20.3 Contact email address: info@successpsychology.co.uk
20.4 Other contact information: See our website/contact page
ANNEX
LEGAL RIGHT TO CANCEL THE CONTRACT] (“COOLING OFF”)
The following applies if you have the legal right to cancel this contract (as explained above).
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day when we enter a legal contract with you.
3. To exercise the right to cancel, you must inform Success Psychology, Bainbridge Rd, Smethwick, B66 4SY, UK (email address above) of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. 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.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. The reimbursement will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. (Please note that generally
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Success Psychology, Bainbridge Rd, Smethwick, B66 4SY, UK (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate