Terms and Conditions of Supply
These are the Terms and Conditions on which we, YLK Mentors, agree to supply products to you whether the products consist of goods, services, digital content or a mixture of those things. Please read these terms and conditions carefully before you place an order with us.
Once we have accepted your order, these Terms and Conditions will form a legally binding contract between us. If you do not agree with any of the Terms and Conditions, please contact us to discuss this before placing an order.
What’s in these terms?
Click on the links below to go straight to more information on each area:
- Who we are and how to contact us
- How to book
- Price and payment
- Changing your mind
- Giving your booking to someone else
- Transferring to another event
- When we can end the contract
- Your Obligations
- Your choice to join in activities
- Changes to course details
- Our right to cancel
- Limitation of Liability – the customer’s attention is particularly drawn to this clause
- Using our materials
Who we are and how to contact us
We are YLK MENTORS (“We”) our main trading address is 3 The Stables Wellingore Hall Wellingore Lincoln LN5 0HX. To contact us, please do so in writing to the above address or by email firstname.lastname@example.org.
We will contact you by letter, phone or email at the addresses and phone numbers you gave us when you ordered the products.
How to book
You can place an order in person at one of our live events, or by post, phone, email or online.
We will confirm your order by email. Once we have confirmed your order, a legal contract will come into existence between you and us.
Price and payment
Payments made under this contract must be made by the means specified in the order form for the product you purchased. All payments must be made without set off, deduction or counterclaim unless otherwise agreed.
If we have agreed that you may pay by instalment, you must pay each instalment to us in full and without set off or deduction of the instalment on the instalment payment date.
Should you not pay to us an instalment payment by the due date then all monies owing by you to us shall become due and owing and must be immediately paid to us without set off or deduction nor counterclaim and without need for further demand.
If you have not paid the full price of the event at least 48 hours before the event starts or our product is due to be delivered, we reserve the right to refuse you entry to the event or to supply the product.
Changing your mind
You have the right to change your mind and cancel your order at any time within 14 days after the date we have emailed to confirm your order, but you cannot change your mind (even if the cancellation period is still running):
- if the order was for digital content and we have sent you the digital content or the necessary log-in details; or
- if the order was for a service, and we have already delivered the service.
You have no legal right to cancel your order if you change your mind after the 14 day period, but please contact us, if possible, we will try to give you a credit for your order or let you transfer the booking to someone else.
Giving your booking to someone else
In the event that you are unable to attend the event you have booked and paid for, you may be able to transfer your ticket to a nominated new attendee subject to receipt of our written consent/confirmation. Your request for transfer your booking to a new attendee must be made in writing at least 14 working days before the event start date and include the full contact details of your nominated new attendee. An administration fee will apply.
You must not sell your booking to anyone else for profit.
Transferring to another event
Should you wish to transfer yourself to the next run of the event you have booked and paid for, please send a written request at least 14 days prior to the booked event start date. We will use our reasonable endeavours to satisfy your request, our right to grant such request is reserved and shall be granted in our sole discretion. If a transfer to the next run of the event is possible you will receive written confirmation and a transfer fee will be applied.
When we can end the contract
We can end the contract with you by telling you by post or email:
- if any payment is not received by us when it is due; or
- if we are giving you coaching and mentoring, if we think you are behaving in such a way that it is not practical to carry on delivering the coaching or mentoring service to you.
For the avoidance of doubt, we shall not refund any sums to you as a result of your late arrival to, attendance of or withdrawal from any of our products.
- ensure that the terms of your order and any information provided to us is complete and accurate;
- co-operate with us in all matters relating to the supply of products;
- provide us with such information and materials as we may reasonably require in order to supply the products, and ensure that such information is complete and accurate in all material respects;
- comply with all applicable laws, including health and safety laws;
- comply with any additional obligations as set out in the order and confirmation
Your choice to join in activities
While attending some of our events, you may be invited to take part in activities which could, potentially, result in personal injury. By booking a place at an event, you expressly accept and acknowledge that you do not have to take part in any such activity and that, if you do take part, you do so of your own free will and at your own risk and you waive any and all claims you may have against us or any of our staff or presenters arising out of any injury or loss suffered while taking part in activities at our events unless the injury is caused directly by our negligence.
Changes to course details
We do our reasonable and best endeavours to ensure that our products are delivered as advertised or as arranged with you, but we reserve the right to change details of any product, including the timing, location, venue, content and speakers. In the case of events we will give you at least 14 days’ prior notice in writing of any change in the timing, location or venue. We reserve the right to make changes to the course content and speakers without prior notice.
If you are unable to attend an event because of changes in the timing, location or venue, you will be entitled to transfer your booking to someone else or to be given a credit for the booking. We will not be liable for any other costs or expenses which you may incur such as cancellation of travel or accommodation arrangements for attending the event.
Our right to cancel
We may cancel an event for any reason whatsoever by written notice to you. You hereby agree that in this event you are only entitled to a refund of the payment which you have paid to us free of any interest and charges and that you shall not be entitled to claim against us for any other costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such cancellation. You further acknowledge that we shall have no further liability to you in respect of the cancellation.
Limitation of Liability
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in this contract limits any liability which cannot legally be limited, including but not limited to liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation; and
- Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
We limit our liability to you for any claim (whether arising in contract, tort or statute) for any loss or damage whatsoever suffered by you in relation to purchasing our products to the total amount actually paid by you under this agreement.
We exclude all liability for consequential damage (including but not limited to, loss of revenue or loss of profit) suffered by you in any way relating to the revision of the opportunity for you to purchase our products or your exercise of rights under this agreement.
We shall not be liable to you for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of reputation, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of opportunity, loss of use or corruption of software, data or information, whether or not the type of loss was foreseen or reasonable foreseeable; or any special, indirect or consequential loss, costs, damages, charges or expenses suffered by you.
The presentations made and materials distributed at our events are intended for a general audience. We do not guarantee that the information provided or the concepts, techniques and methods presented will work for you or any other individual in their personal and business circumstances.
We will do our best to ensure that any advice we give you in the course of coaching sessions is factually accurate and appropriate for what you need, but we cannot promise that our advice will produce any particular result for you.
We are not financial advisers, and you should not treat any recommendations, suggestions or ideas we make or give you at our events or in the course of a coaching session as advice in relation to potential investments or the conduct of your personal or business financial affairs, for which you should rely on advice from your own professional advisers.
We cannot accept responsibility for the quality or effectiveness of any goods or services provided by third parties which we may mention or refer to, and any decision to buy any such goods or services is entirely at your own risk.
Using our materials
We own the intellectual property rights, including copyright, in any materials given to you in connection with the event you attend or any course you take part in, whether delivered in hard copy or electronically. This means that you must not copy or reproduce them in any format for the purpose of distributing them to anyone else, whether or not for payment and we have the right to bring legal proceedings to stop you from doing so.
We grant you a personal, non-exclusive, non-transferable, non-sublicensable, recoverable, license to use our materials strictly for personal non-commercial purposes only. Any other use or exploitation of our material is strictly prohibited and may result in criminal or civil action.
You may not:
- alter any of our intellectual property or materials; and/or
- use any recording device or record any event, seminar, workshop, course or coaching session; and/or
- sell the intellectual property or materials (“IP”) or supply the IP to any other third parties.
Neither party shall be in breach of the contract nor liable for delay in performing, or failure to perform, any of its obligations under the contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by the terms set out herein.
Each party may disclose the other party’s confidential information:
- to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with these terms; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the contract.
The contract 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.
Each party acknowledges that in entering into the 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 the contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract.
Nothing in this clause shall limit or exclude any liability for fraud.
Except as set out in these Conditions, no variation of the contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
A waiver of any right or remedy under the contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract.
Any notice or other communication given to a party under or in connection with the contract shall be in writing and shall be delivered by hand or sent by email to email@example.com.
Any notice or communication shall be deemed to have been received if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
Third party rights
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.