Terms and conditions
Please read all these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please call us on 01273 256612.
1. These Terms and Conditions will apply to the purchase of the services, including membership services, and goods by you (the Customer or you). We are Grow Mindfulness CIC a company registered in England and Wales under number 8956158 whose registered office is at Basepoint Shoreham , Little High Street, Shoreham-by-Sea , West Sussex, BN43 5EG with email address firstname.lastname@example.org; telephone number 01273 256612; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3.Contract means the legally-binding agreement between you and us for the supply of the Services;
4.Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
6. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
8. Services means the services advertised on the Website, including Membership Services and any Goods, of the number and description set out in the Order;
9. Website means our website www.growmindfulness.org on which the Services are advertised.
10. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies and changes in membership offers and terms over time.
11. All Services which appear on the Website are subject to availability. Membership is by application. We reserve the right to refuse or cancel membership if information indicates that the services we offer are not applicable to the applicants training and teaching profile.
12. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
13. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
14. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
15. When registering to use the Grow Mindfulness Membership Website at https://growmindfulness.igloocommunities.com you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
18. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
21. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer and offer Membership to you as an individual only. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. via an organisational membership agreement
Fees and Payment
23. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
24. Fees and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
26. We will deliver the Services,including your log-in details for the membership website, by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time
27. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
28. We will supply the Services with reasonable skill and care.
29. We will provide the following after-sales service: Grow Mindfulness CIC will be happy to help with any problems in logging-in to the membership website if this is included in your plan. Please contact us for support.
30. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
31. The Contract continues as long as it takes us to perform the Services.
32. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
33. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
Circumstances beyond the control of either party
34. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
35. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
36. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
37. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
38. We try to avoid any dispute, so we deal with complaints as follows: If you are unhappy with the services provided under our membership scheme, please contact email@example.com so that we can work with you to improve our services and respond to your complaint. We aim to respond to any concerns within 5 working days.
Withdrawal returns and cancellation
39. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
40. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 28 days after the Contract was made.
Right to cancel
41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
42. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into and no refunds will be made for annual membership after that time.
43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email).
44. 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 in the cancellation period
45. Except as set out below, if you cancel this Contract within 14 days, we will reimburse to you all payments received from you.
Timing of reimbursement
46. If you cancel membership within the 14 day cancellation period, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
47. We will make the reimbursement 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.
48. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.