TERMS & CONDITIONS
BY VISITING WWW.LAURAHURUBARU.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using www.laurahurubaru.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to TDKT LTD (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of information regarding women’s health and careers, as well as the blog, event hosting, coaching (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the United Kingdom, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be London, UK and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
OUR TERMS FOR SALE FOR DIGITAL CONTENT
- These terms
- What these terms cover. These are the terms and conditions on which we supply digital content products to you.
- 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 and other important information.
- If you are a business client this is our entire agreement with you. If you are a business client these terms, your order and our acceptance 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 will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
- How to work out whether you are a business client or a consumer. A consumer is defined by law as an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. You are a business client unless you fall within this definition of consumer.
- Information about us and how to contact us
- Who we are. We are Laura Hurubaru, a trading name for TDKT Limited a company registered in England and Wales. Our company registration number is 10694270 and our registered office is at DNS House, 382 Kenton Road, Harrow, Middlesex HA3 8DP. Our registered VAT number is GB 267059285.
- How to contact us. The best way to contact us is at https://www.facebook.com/laura.hurubaru/ on Facebook Messenger. You can also contact us by telephoning us at +44 7496 287579 or by writing to us at email@example.com.
- How we may contact you. If we have to contact you we will do so via Facebook Messenger, by telephone or by writing to you at the email address you provided to us in your order.
- “Writing” includes emails and messages on Facebook Messenger. When we use the words “writing” or “written” in these terms, this includes emails and messages on Facebook Messenger.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept your order, at which point a contract will come into existence between you and us.
- 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.
- Our products
- The products we provide. We provide coaching by way of digital content for your self-study to assist you to enhance your business or professional performance.
- How we provide our products. Some of our products are provided as digital downloads, others are provided by streaming; our website specifies which products are downloads and which are provided by streaming.
- Product quality. We will provide our products with reasonable skill and care. We have made every effort accurately to describe the products and their potential value to you. However, due to the nature of the products, we cannot guarantee any particular result for you. The testimonials and examples we use are not intended to guarantee that you will receive the same outcome from the products. Each client’s success depends on many factors, including his or her background, dedication, desire, motivation and input to the process.
- Our rights to make changes
- Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
- Updates to digital content. We may update digital content, provided that the digital content will always match the description of it that we provided to you before you bought it.
- Providing the products
- When we will provide the products. We will make the digital content available for download or streaming by you as soon as we accept your order and receive your payment. The digital content will remain available for you to download or stream for 6 months.
- 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.
- Intellectual property
- Our ownership of intellectual property. You acknowledge that we own all the intellectual property rights in the digital content that we provide to you,. You confirm that you will use the digital content only for your personal use to achieve the goals of the products. In particular, you will not make any of the digital content available publicly nor will you share them with anyone else.
- Limits on use of our products. You will not make any copies of any of the digital content we provide to you, other than copies for your own personal use to achieve the goals of the products.
- Our goodwill. You will not engage in any conduct detrimental to our interests which includes any conduct tending to bring us into disrepute or which results in the loss of custom or business for us.
- Your rights to end the contract
- You may end the contract if we break it. You may end the contract for a product at any time by writing to us if we break it in any way and we do not correct the break within 14 days of you pointing out the break to us and telling us you think it is breaking the contract.
- Exercising your right to cancel. You can cancel within 14 days and receive a refund. These rights are explained in more detail below.
- When you do not have a right to cancel. Your right to cancel does not apply in respect of digital content after you have started to download or stream them.
- How long do you have to cancel? 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 cancel.
- How to end the contract with us (including if you are exercising your right to cancel)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Message, phone or email. Message us a via Facebook Messenger, email us at firstname.lastname@example.org or call us on +44 7496 287579. Please provide your name, details of the order, your phone number and email address.
- By post. Print off the form HERE, complete it 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 it and your name and address.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- How we will refund you. If you are entitled to a refund under clause 8.2 of these terms we will refund you the price you paid for the products, by the method you used for payment.
- 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 cancel then your refund will be made within 14 days of your telling us you have cancelled.
- No refunds. All payments are non-refundable, non-transferable, and non-exchangeable except as set out in this clause 10.
- If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. The best way to contact us is via Facebook Messenger at https://www.facebook.com/laura.hurubaru/. You can also write to us at email@example.com or telephone us at +44 7496 287579.
- Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price on our website.
- 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.
- When you must pay and how you must pay. We accept payment via an online payment processor. You must pay when you make your order and we will not provide products until we have received payment.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms will limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Subject to clause 13.1:
- we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the greater of £500 and one hundred per cent (100%) of the total sums paid by you for products under such contract.
- Nothing in these terms will limit or exclude our liability for:
- Our responsibility for loss or damage suffered by you if you are a consumer
- 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.
- 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 including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.
- When we are liable for damage caused by defective digital content. 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.
- We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 13.
- How we may use your personal information
- Other important terms
- 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.
- 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.
- Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.
- 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.
- 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.
- Which laws apply to this contract and where you may bring legal proceedings 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) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.
- 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 products in the English courts. If 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.
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