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Terms & Conditions

Use of Website – Terms and Conditions

These website terms and conditions may be changed by us at any time. Your use of this website is subject to these terms and conditions, which you are deemed to accept each time you use the website.

Whilst Amelia Brooke Career Vision (“ABCV”) have taken all reasonable steps to protect any information that you provide to us, please remember that the security of information transmitted over the Internet cannot be guaranteed. The following sections set out relevant information relating to the submission and handling of data through our website.

Liability

We accept no liability for any loss (whether direct or indirect, for loss of business, revenue, earnings or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this web site and your use of it to the maximum extent permitted by law.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, reasonable losses, costs and expenses, including legal fees, arising out of any breach of these Use of Website – Terms and Conditions by you or other liabilities arising out of your use of our services and our web sites. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.

Interruption and omissions in service

Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of services and delays may occur at any time. We do not accept any liability arising from such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on the website. We may vary the specification of this site from time to time without notice.

Information on this site

Whilst we make every effort to ensure that the information on this website is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liabilities arising from any inaccuracy or omission in any of the information on this site supplied by you, any other site user or any other person.

All content and underlying coding of the ABCV website is the property of ABCV. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the ABCV website without prior written permission from ABCV.

From time to time our website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that ABCV endorse the website(s), and ABCV have no responsibility for the content of the linked website(s) or for the protection and/or privacy of any information which you provide whilst visiting such sites. Your use of any links and access to any sites accessed through those links are not governed by our privacy policy or these terms and conditions.

You may not create a link to the ABCV website from another website or document without ABCVs prior written consent.

Your use of this site

You may only use this site for lawful purposes and must not under any circumstances seek to undermine the security of the site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the site.

Information Submitted by you

We will use information supplied during the course of providing services to you. ABCV will only process any data which you provide in accordance with UK Data Protection legislation.

Content Rights

The rights in material on this website are protected by copyright and you agree to use this site in a way which does not infringe these rights including for any commercial or business use.

 Business Terms and Conditions

Any use of the below listed terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. If you do not agree to be bound by these Terms and Conditions, you should not place an order. If you have any questions relating to these Terms and Conditions, please contact us by email hello@amelia-brooke.com.

  1. Definitions

“We”, “Us”, “Our”, “Amelia Brooke Career Vision” or “ABCV” shall mean Amelia Brooke Career Vision, a sole trading entity of Clovenfords Lodge, Caddonfoot Rd, Clovenfords, TD1 3LY

“Customer”, “Client”, “You”, “Your”, “User”, shall refer to the individual who has confirmed the requested Services and/or Goods from ABCV and has completed the appropriate payment in accordance with these Business Terms and Conditions.

“Services”, shall mean the specific services or work, including but not limited to the range of services that may be set out through the ABCV website located at www.amelia-brooke.com or any other subsequent URL which may replace it, that have been paid for by You and in consideration of which will be provided by ABCV.

“Order” shall mean the confirmation in writing, including but not limited by way or email or submission of an order through the ABCV website which sets out the agreed Services and/or Goods to be paid for by You and provided by ABCV.

“Agreement” shall mean these Business Terms and Conditions which shall be deemed accepted by you upon submission of an Order.

“Work Product” shall mean the final written document (summary of coaching session, action plan, CV, or any other written document) agreed to be provided to You by ABCV as further set out and identified in the Order.

  1. Services
  • Upon payment of the appropriate fees ABCV agrees to provide the Services as set out in the Order.
  • We will contact you as soon as reasonably practicable to arrange a time to discuss your Order further or request additional information, such as the signing of a Coaching Agreement, in order to commence the provision of the Services.
  • As identified within your Order, ABCV will provide any Work Products in writing including via Microsoft Word, Adobe PDF, email and our CRM software, Dubsado, unless otherwise agreed with you.
  • Whilst every attempt is made to check electronic documentation for viruses and bugs before transmitting by email it is your responsibility to ensure that your computer is adequately protected from viruses and bugs.
  • All correspondence will be undertaken in English.
  • Unless otherwise agreed with you, the Services may be provided through email, phone or Zoom. Where Zoom is required, you take responsibility for the installation and use of such applications and adherence to any terms and conditions imposed by any such third party.
  1. Payment
  • The price relevant to the Services you wish ABCV to provide will be as set out at amelia-brooke.com. All payments are required to be paid by You and received in full by ABCV prior to ABCV commencing any work in relation to your Order.
  • We only accept UK GBP Sterling as payment.

Payments may be made

Online – ABCV uses the services of PayPal and Stripe to be able to transact payments online. For the avoidance of doubt, ABCV do not store credit card details, nor do we share Your credit card details with any third parties.

By Bank Transfer – upon request we can provide you with the relevant bank details in order to complete payment by bank transfer. Please note that any provision of Services will not commence until confirmation that this payment has been received into the nominated bank account.

  • If you fail to attend a pre-arranged meeting, consultation or discussion or do not provide reasonable notice as to your inability to attend any such session ABCV reserves the right to retain in whole or in part, at its sole discretion, the price paid by You for that session.
  1. Non-acceptance of an Order

Non-acceptance of an order may be a result of one of the following.

  • Our inability to obtain authorisation for your payment,
  • Our inability to contact you with the Personal Information you provided,
  • Our inability to achieve reasonable Turnaround times due to the amount of work we take on.

As outlined in Clause 14, we shall have the right to refuse to meet or to cancel any Orders placed for a service whether the Order has been confirmed or payment has been made. If payment has been made and your Order is cancelled by Us, we shall immediately issue a credit in the amount of the payment made.

  1. Pricing

All prices are subject to change at any time without notice. We will not be liable to you or anyone else for changing any prices. Prices are stated in GBP (British Pound Sterling). PayPal and Stripe will automatically apply the relevant exchange rate for other currencies. We will not be liable for any currency conversion fees applied to your transaction.

  1. Your Responsibilities

You undertake and agree to:

  • Be bound by and comply with the terms as set out in these Business Terms and Conditions and to always adhere to ABCV’s privacy policy.
  • Provide us with all required information in which is complete and accurate, that any information that you provide is not false or inaccurate and that you will notify us immediately of any changes to such information prior to completion of the Order.
  • You warrant that the information submitted to us does not contain false or defamatory material, or that which infringes the copyright, trademark rights, commercial confidentiality, and intellectual rights of third parties or submit any information likely to damage ABCV.
  • Respond to any correspondence in a timely fashion. You acknowledge that We are dependent upon You to respond to requests or provide required information to complete the provision of the Services.
  • Confirm receipt of the Work Products no later than 48 hours following submission by ABCV to You and that You are solely responsible for the Work Product following such confirmation. If no confirmation is received within 48 hours the Work Product will be deemed completed.
  • ABCV retaining your contact details to contact You in the future with further information relating to the activities and services provided by ABCV. ABCV will never pass or share your information to third parties without having first received your prior written approval to do so.
  • Attend all arranged meetings at the designated time, and in the event that you are not able to attend any arranged meetings or sessions to provide ABCV with not less than 24 hours’ notice.
  1. Intellectual Property and Ownership of Work Product
  • You acknowledge and agree that the provision of Services is based and dependent upon the provision of similar or identical services to other clients and that You shall not have or obtain rights in proprietary products, materials of methodologies of ABCV.
  • Notwithstanding the provisions of this Clause 7 and subject to You having made full payment of the appropriate charges You shall have a right to use, adapt, copy, enhance or modify the Work Products provided to You through the Services for the purposes of your career advancement.
  • Except with the written permission of ABCV, you shall not disclose, copy, divulge, reproduce, publish or in any way disseminate any materials, logos, or Work Products to any third party or into the public domain for the purpose of monetary or commercial gain.
  1. Confidential Information

While performing Services for either Party may be given access to trade secrets, materials or information which is in writing and labelled confidential, which either party has told the other that it is of a confidential nature or which either Party might reasonably expect should be regarded as confidential (“Confidential Information”). The parties agree:

  • The Confidential Information may be used, copied and disclosed only in furtherance of providing the Services;
  • Each Party shall protect the confidentiality of the Confidential Information in the same manner that it protects the confidentiality of its/their own confidential information of like kind.
  • All Confidential Information made available to Us including copies thereof, shall be returned to Client upon the first to occur of (a) completion of the Services or (b) request by Client; and
  • Specifically in relation to ABCV, our access to Confidential Information shall not prevent ABCV from marketing, developing, or using services or products similar to or competitive with the Services or from using ideas, concepts, expressions, know-how, skill and experience acquired through the provision of Services to you, provided that the provisions of this Clause 8 are not breached.
  1. Data Protection
  • Both parties shall comply with its obligations under the Data Protection Act.
  • ABCV are subject to and will only handle data provided by You in accordance with your instructions as notified from time to time.
  • ABCV will only use and or handle data provided by You in accordance with the provision of the Services.
  • ABCV has a privacy policy and take steps to make sure these policies are implemented to protect your data when providing our Services. We make sure that we regularly review our privacy policy including related technical and organisational measures and, where necessary, improve them. Where applicable, we may also need to put other technical measures in place depending on our circumstances and the type of personal data we process.
  1. Liability and Indemnity
  • Neither party shall be liable to the other under or in connection with this Agreement, for any loss of actual or anticipated loss of business, loss of revenue, loss of earnings, loss of goodwill, loss of expended management time, loss of anticipated savings, or any indirect or consequential losses or damage of any kind, including failure of the Client in obtaining any position, occupation, promotion, an offer of employment or achieving any other career objective, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.
  • Nothing in this Clause 10 or otherwise in this Agreement shall exclude or in any way limit either party’s liability to the other for: (i) fraud or fraudulent misrepresentation (to the extent such an exclusion is not permitted by law), (ii) death or personal injury caused by negligence or that of its employees, directors, partners, agents or subcontractors (including negligence as defined in Section 1, Unfair Contract Terms Act 1977), (iii) any breach of warranties as to title and quiet possession implied into these business terms by s12 of the Sales of Goods Act 1979, or s2 of the Supply of Goods and Services Act 1982, or (iv) any liability to the extent that the same may not be excluded or limited as a matter of law.
  • Subject to the provisions of this Clause 10, ABCV maximum aggregate liability to you under or in connection with this Agreement or any collateral contract, whether arising from negligence, breach of contract, tort, breach of statutory duty, indemnity or otherwise shall not in aggregate exceed the charges paid to ABCV for the Services.
  • We cannot be held liable for any criminal proceedings which arise due to false or misleading information being included in your CV or any other Work Products prepared by us.
  • This Agreement sets forth the full extent of ABCV obligations and liabilities arising out of or in connection with this Agreement or any collateral contract, and there are no conditions, warranties, representations, or terms, express or implied, that are binding on us except as specifically stated or contemplated in this Agreement.
  • Any condition, warranty, representation, or term concerning the performance of the Services which might otherwise be implied into or incorporated in this Agreement or any collateral contract, whether by statute, common law or otherwise, is hereby expressly excluded.
  • For the avoidance of doubt this does not affect your statutory rights as a consumer.
  1. Governing Law and Jurisdiction

The construction, performance, and validity of the Polices and these terms and conditions shall be governed by English Law. The Parties hereby submit to the exclusive jurisdiction of the English courts.

  1. Changes to Terms and Conditions and Invalidity

If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

  1. Complaints
  • Criticism leads to improvement. If you want to let us know, please submit your complaint in writing using the email hello@amelia-brooke.com and you will receive a confirmation that we have received your complaint within 2 business days, and you will be contacted no later than 5 business days following that acknowledgment.
  • In many respects, the quality of our work is subjective and as such impossible to measure, so we are unable to offer refunds for such complaints. We will in every instance attempt to work with you to resolve any issues with any documents we prepared for you.
  1. Cancellation Policy and Distance Selling Regulations
  • Given the nature of our service, you acknowledge and agree that ABCV will start the provision of Services to you upon the payment of the relevant fees for the service that you wish ABCV to provide.
  • Accordingly, under Regulation 13 of the Distance Selling Regulations you do not have the right to cancel this contract once you have provided the relevant confirmation or payment as set out above, as out services are ‘made to the consumer’s specification or clearly personalised’ and are therefore exempt from any refund.
  • A refund in whole or in part as a consequence of you not proceeding with the contract is at the sole discretion of ABCV. We may allow cancellation on a non-express Service only if notification is received in writing within 24 hours of payment or is prior to Us commencing work, whichever comes first.
  • If you terminate any non-completed orders, you will not be entitled to a refund to any monies paid in relation to those orders.
  • We reserve the right to terminate any contract without a refund due to destructive, offensive, aggressive or abusive behaviour from a client.
  • Without prejudice to the provisions above, in the event that we do not receive any communication from you following a period of thirty (30) days from the date of order placement, then we will use the information we hold about you to notify you that your order is deemed closed without any refund provided.
  • ABCV have taken all reasonable care to ensure that the information contained within this site is accurate or up to date, however in the unlikely event that any information is found to be inaccurate we shall have the right to refuse to meet or to cancel any Orders placed for that service whether the Order has been confirmed or payment has been made. If payment has been made and your Order is cancelled by Us, we shall immediately issue a credit in the amount of the payment made.
  • ABCV reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period. ABCV shall make every effort to ensure prices are correct at the point at which You place an Order.  ABCV reserves the right to withdraw any Services from the Website at any time.
  1. Disclaimer and Warranty
  • You are solely responsible for determining whether to proceed with using any of the recommendations that ABCV may provide as a result of its Services and you agree that you remain solely liable for any use of these recommendations. You acknowledge and agree that ABCV cannot guarantee any benefits from the use of our Services.
  • ABCV shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers, incompatibility issues with a user’s individual computer, or acts of local or central Government or other competent authorities.
  • The provisions relating to Disclaimer, Liability, Intellectual Property and Indemnity shall survive beyond completion of any order.

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