Terms and Conditions
Terms and Conditions
1.1 makersbusinesstoolkit.com (“site”) is owned and operated by Nicola Taylor t/a Maker’s Business Toolkit.
Address: 33 Roseberry Road, Great Ayton, North Yorkshire, TS9 6EH, UK. VAT number: GB259027788
1.2. Please read these terms and conditions carefully before placing an order. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this site.
1.3 You must read the terms relating to the specific product you are purchasing AND the additional terms relating to ALL purchases as both will apply to your order.
TERMS OF PURCHASE FOR MAKERS MOMENTUM CLUB
1. YOUR STATUS
1.1 By applying for membership through our site, you warrant and confirm that:
1.1.1. You are legally capable of entering into binding contracts; and 1.1.2. You are at least 18 years old;
1.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US:
2.1. By applying to be a member of our Membership, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
2.2. The agreement between us and you, the person or entity applying to be a member of our Membership (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you applying to be a member of our Membership and shall continue until terminated in accordance with these Terms.
3.1. There are three of levels of Membership as follows:
3.1.1. Monthly Membership
3.1.2. Annual Membership
3.1.3. Maker’s Yearbook Special Offer Membership
3.2. We may at our absolute discretion refuse either type of membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
3.3. Memberships shall continue unless they are terminated by either of us in accordance with clause 7 below.
3.4. You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorized use of your account.
3.5. The online materials of the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances
3.6. The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.
3.7. Any content posted or submitted by you to our site or to our Facebook Group in the course of your Membership is subject at all times to the Acceptable Use Policy and to our Facebook Group Rules and Code of Conduct.
4.1. The total price payable for the Membership is as set out on the order form. You may make payment via the methods that are specified on the order form. Where the payments are stated on the order form to be made in instalments or are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you.
4.2. Where your order is for a Maker’s Yearbook Special Offer Membership your membership shall expire (and the Contract shall terminate) on December 31st of the year to which the Maker’s Yearbook relates.
For example, if you purchase this membership alongside the 2021 Maker’s Yearbook, your membership will expire on December 31st 2021. If you wish to continue to have access to the materials, you must renew your membership in the manner advised on our site.
4.3 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to:
4.3.1. charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of the Bank of England from time to time in force and/or
4.3.2. suspend the Membership until such time as payment is made or the Contract is terminated.
4.4. The total price payable as set out in the order form is exclusive of Value Added Tax.
4.5. All payments are non-refundable other than as set out in paragraph 7.2 below.
5. OUR OBLIGATIONS
5.1. We warrant to you that the Membership is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.
5.2. Other than as set out in paragraph 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
5.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6. INTELLECTUAL PROPERTY
6.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials provided to you by us as part of the Membership (“Materials”) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials to you or to any other person.
6.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials.
6.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the Materials for the purposes for which the Membership was provided only.
6.4. Except as set out in paragraph 6.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
6.5. You may not without our prior written consent make any audio or visual recordings of any part of our Materials.
6.6. We may from time to time record any or all or any part of the Materials being delivered during your attendance. You authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.
6.7. You acknowledge that certain information contained in the Materials is already in the public domain.
6.8. You are not permitted to sell or promote products or services to other members of our Membership at any time without our prior written permission.
6.9. The provisions of this paragraph 6 shall survive termination of the Contract.
7. TERM AND TERMINATION
7.1. The Contract shall continue until your membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.
7.2. You may terminate your Membership and the Contract at any time by emailing us at [email protected] Subject to paragraph 7.3 below, no refunds will be provided. Where you have set up recurring payments, it is your responsibility to terminate these payments.
IMPORTANT: If you click ‘unsubscribe’ (or similar) on any of our emails, this will stop you receiving emails but does not amount to valid notice of termination of this agreement.
7.3. You may terminate your Membership and the Contract and obtain a full refund of any amount paid by you for the Membership if you email us at [email protected] within the first 14 days of your membership clearly stating your wish to terminate.
7.4. Notwithstanding the provisions of paragraph 7.1 or 7.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
7.4.1. the other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
7.4.2. the other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
7.4.3. the other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
7.5. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
7.6. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
7.7. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
7.8. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
7.9. This paragraph 7 shall survive termination of the Contract.
7.10. Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”
8. BY APPLYING TO BECOME A MEMBER YOU ACKNOWLEDGE AND AGREE THAT
8.11. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);
8.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.
ADDITIONAL TERMS OF PURCHASE RELATING TO ALL PRODUCTS
2. CHANGES TO TERMS
2.1 We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes.
2.2. Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
2.3 If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges, if applicable.
We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a 2% tolerance. Products delivered and packaging may vary slightly from those images.
You shall not purchase any Products from our Site if you are below the age of 18 years old.
6. ENTIRE AGREEMENT
7.2. You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 . Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
8. OUR LIABILITY
8.1. Our Products are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Products as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
8.2. If, for any reason, we are liable for any damages, other than those for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law), our total liability shall be limited to the amount of the Product purchased or the price paid by you for the membership.
8.3. By purchasing a Product, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
8.3 1. loss of income or revenue
8.3.2. loss of business
8.3.3. loss of profits or contracts
8.3.4. Depletion of goodwill and/or similar losses
8.3.5. loss of anticipated savings
8.3.6. loss of goods
8.3.7. loss of contract
8.3.8. loss of or corruption of data
8.3.9 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable or
8.3.10. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you
arising out of or in any way connected with the use of a Product, you entering into a contract, or us providing the Membership, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
8.4. If there is failure to perform, or delay in performance of any of our obligations under these Terms due to your act or omission, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
8.5. The provisions of this paragraph 8 shall survive termination of the Contract.
9. CIRCUMSTANCES BEYOND OUR CONTROL
9.1. If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, or by your act or omission, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.2. Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
9.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
9.3.1. you will be notified as soon as reasonably possible; and
9.3.2. the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
9.4. If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 8 weeks in accordance with our cancellation rights in clause 10.
8.1. Any notice to us should be in writing and sent to us by e-mail, or by pre-paid post to Maker’s Business Toolkit at 33 Roseberry Road, Great Ayton, North Yorkshire, TS9 6EH, UK, [email protected]
Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
9.1. We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
9.2. You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
9.3. This contract is only between you and us. No other third person shall have any rights to enforce any terms
9.4. Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
9.5. Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
9.6. English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
11. CONTACT US
11.1 For any questions or queries you can contact us at [email protected]