This agreement applies as between you, the User of this
Website and ANXEND LTD, the owner(s) of this Website. Your
agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 26 of
these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do
not agree to be bound by these Terms and Conditions, you should stop using the
Website immediately.
No part of this Website is intended to constitute a contractual offer capable
of acceptance. Your order constitutes a contractual offer and Our acceptance of
that offer is deemed to occur upon Our sending a confirmation email to you
indicating that your order has been accepted.
In this Agreement the following terms shall have the
following meanings:
"Account": means collectively the personal
information, Payment Information and credentials used by Users to access Paid
Content and / or any communications System on the Website;
"Content": means any text, graphics, images,
audio, video, software, data compilations and any other form of information
capable of being stored in a computer that appears on or forms part of this
Website;
"Facilities": means collectively any online
facilities, tools, services or information that ANXEND LTD makes
available through the Website either now or in the future;
"Services": means the services available to you
through this Website, specifically use of the ANXEND LTD proprietary
e-learning platform and any coaching session you or your child may receive;
"Payment Information": means any details required
for the purchase of Services from this Website. This includes, but is not
limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located
at 14&16 Haydon Place, Guildford, GU1 4LL;
"System": means any online communications
infrastructure that ANXEND LTD makes available through the
Website either now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party
that accesses the Website and is not employed by ANXEND LTD Ltd
and acting in the course of their employment;
"Website": means the website that you are
currently using (bookings.anxend.com) and any sub-domains of this site
unless expressly excluded by their own terms and conditions; and
·
"We/Us/Our": means ANXEND LTD,
a company incorporated in the UK with Company registration Number 14550470 , with
registered office at 85 Great Portland Street, First Floor, London, England,
W1W 7LT.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- 4.1 Subject
to the exceptions in Clause 5 of these Terms and Conditions, all Content
included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of ANXEND LTD, our affiliates or other relevant third
parties. By continuing to use the Website you acknowledge that such
material is protected by applicable UK and International intellectual
property and other laws.
- 4.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use material from the Website unless otherwise indicated on the
Website or unless given Our express written permission to do so.
- 5.1 Unless
otherwise expressly indicated, all Intellectual Property rights including,
but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products
as may be applicable.
- 5.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the Website or
unless given express written permission to do so by the relevant
manufacturer or supplier.
Material from the Website may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless
expressly stated, these sites are not under the control of ANXEND LTD or
that of Our affiliates. We assume no responsibility for the content of such
websites and disclaim liability for any and all forms of loss or damage arising
out of the use of them. The inclusion of a link to another site on this Website
does not imply any endorsement of the sites themselves or of those in control
of them.
Those wishing to place a link to this Website on other sites
may do so only to the home page of the site bookings.anxend.com without
Our prior permission. Deep linking (i.e. links to specific pages within the
site) requires Our express written permission. To find out more please contact
Us by email at info@anxend.com.
- 9.1 When
using any System on the Website you should do so in accordance with the
following rules. Failure to comply with these rules may result in your
Account being suspended or closed:
- 9.1.1 You
must not use obscene or vulgar language;
- 9.1.2 You
must not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You
must not submit Content that is intended to promote or incite violence;
- 9.1.4 It
is advised that submissions are made using the English language as We may
be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The
means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
- 9.1.6 You
must not impersonate other people, particularly employees and
representatives of ANXEND LTD or Our affiliates; and
- 9.1.7 You
must not use Our System for unauthorised mass-communication such as
"spam" or "junk mail".
- 9.2 You
acknowledge that ANXEND LTD reserves the right to monitor
any and all communications made to Us or using Our System.
- 9.3 You
acknowledge that ANXEND LTD may retain copies of any and
all communications made to Us or using Our System.
- 9.4 You
acknowledge that any information you send to Us through Our System may be
modified by Us in any way and you hereby waive your moral right to be
identified as the author of such information. Any restrictions you may
wish to place upon Our use of such information must be communicated to Us
in advance and We reserve the right to reject such terms and associated
information.
- 10.1 In
order to procure Services on this Website and to use certain other parts
of the System, you are required to create an Account which will contain
certain personal details and Payment Information which may vary based upon
your use of the Website as We may not require payment information until
you wish to make a purchase. By continuing to use this Website, you
represent and warrant that:
- 10.1.1 all
information you submit is accurate and truthful;
- 10.1.2 you
have permission to submit Payment Information where permission may be
required; and
- 10.1.3 you
will keep this information accurate and up-to-date. Your creation of an
Account is further affirmation of your representation and warranty.
- 10.2 It
is recommended that you do not share your Account details, particularly
your username and password. We accept no liability for any losses or
damages incurred as a result of your Account details being shared by you.
If you use a shared computer, it is recommended that you do not save your
Account details in your internet browser.
- 10.3 If
you have reason to believe that your Account details have been obtained by
another person without consent, you should contact Us immediately to
suspend your Account and cancel any unauthorised orders or payments that
may be pending. Please be aware that orders or payments can only be
cancelled up until provision of Services has commenced. In the event that
an unauthorised provision commences prior to your notifying Us of the
unauthorised nature of the order or payment then you shall be charged for
the period from the commencement of the provision of services until the
date you notified us and may be charged for a billing cycle of one month.
- 10.4 When
choosing your username you are required to adhere to the terms set out
above in Clause 9. Any failure to do so could result in the suspension
and/or deletion of your Account.
- 11.1 Either ANXEND
LTD or you may terminate your Account. If We terminate your
Account, you will be notified by email and an explanation for the
termination will be provided. Notwithstanding the foregoing, We reserve
the right to terminate without giving reasons.
- 11.2 If
We terminate your Account, any current or pending orders or payments on
your Account will be cancelled and provision of Services will not
commence.
- 12.1 Whilst
every effort has been made to ensure that all general descriptions of
Services available from ANXEND LTD correspond to the
actual Services that will be provided to you, We are not responsible for
any variations from these descriptions as the exact nature of the Services
may vary depending on your individual requirements and circumstances. This
does not exclude Our liability for mistakes due to negligence on Our part
and refers only to variations of the correct Services, not different
Services altogether. Please refer to sub-Clause 13.8 for incorrect
Services.
- 12.2 Where
appropriate, you may be required to select the required Plan of Services.
- 12.3 We
neither represent nor warrant that such Services will be available at all
times and cannot necessarily confirm availability until confirming your
Order. Availability indications are not provided on the Website.
- 12.4 All
pricing information on the Website is correct at the time of going online.
We reserve the right to change prices and alter or remove any special
offers from time to time and as necessary.
- 12.5 In
the event that prices are changed during the period between an order being
placed for Services and Us processing that order and taking payment, then
the price that was valid at the time of the order shall be used.
- 13.1 No
part of this Website constitutes a contractual offer capable of
acceptance. Your order constitutes a contractual offer that We may, at Our
sole discretion, accept. Our acceptance is indicated by Us sending to you
an order confirmation email. Only once We have sent you an order
confirmation email will there be a binding contract between ANXEND
LTD and you.
- 13.2 Order
confirmations under sub-Clause 13.1 will be sent to you before the
Services begin and shall contain the following information:
- 13.2.1 Confirmation
of the Services ordered including full details of the main characteristics
of those Services;
- 13.2.2 Fully
itemised pricing for the Services ordered including, where appropriate,
taxes, delivery and other additional charges;
- 13.2.3 Relevant
times and dates for the provision of the Services;
- 13.2.4 User
credentials and relevant information for accessing those services.
- 13.3 If
We, for any reason, do not accept your order, no payment shall be taken
under normal circumstances. In any event, any sums paid by you in relation
to that order will be refunded within 14 calendar days.
- 13.4 Payment
for the Services shall be taken via your chosen payment method,
immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”)
for charges accrued during the previous month (“billing cycle”) AND/OR as
indicated in the order confirmation you received.
- 13.5 We
aim to fulfill your Order within 2-3 working days or if not, within a
reasonable period following your Order, unless there are exceptional
circumstances. If we cannot fulfill your Order within a reasonable period,
we will inform you at the time you place the Order by a note on the
relevant web page or by contacting you directly after you place your
Order. Time is not of the essence of the Contract, which means we will aim
to fulfill your Order within any agreed timescales but this is not an essential
term of the Contract and we will not be liable to you if we do not do so.
If the Services are to begin within 14 calendar days of Our acceptance of
your order, at your express request, you will be required to expressly
acknowledge that your statutory cancellation rights, detailed below in
Clause 14, will be affected.
- 13.6 ANXEND
LTD shall use all Our reasonable endeavours to provide the
Services with reasonable skill and care, commensurate with best trade
practice.
- 13.7 In
the event that Services are provided that are not in conformity with your
order and thus incorrect, you should contact Us immediately to inform Us
of the mistake. We will ensure that any necessary corrections are made
within five (5) working days.
- Additional
terms and conditions may apply to the provision of certain Services. You
will be asked to read and confirm your acceptance of any such terms and
conditions when completing your Order.
- 13.8 ANXEND
LTD provides technical support via our online support forum
and/or phone. ANXEND LTD makes every effort possible to
respond in a timely manner but we do not guarantee a particular response
time.
We want you to be completely satisfied with the Products or
Services you order from ANXEND LTD. If you need to speak to us
about your Order, then please contact customer care on 08082960333, or by email
at info@anxend.com or write to us at our address (see section
1 above). You may cancel an Order that we have accepted or cancel the Contract.
If any Specific Terms accompanying the Service contain terms about cancelling
the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If
you are a consumer based within the European Union, you have a statutory
right to a “cooling off” period. This period begins once your order is
confirmed and the contract between ANXEND LTD and you is
formed and ends at the end of 14 calendar days after that date. If you
change your mind about the Services within this period and wish to cancel
your order, please inform Us immediately using the following email: Bookings@anxend.com.
Your right to cancel during the cooling off period is subject to the provisions
of sub-Clause 14.2.
- 14.2 As
specified in sub-Clause 13.6, if the Services are to begin within the
cooling off period you are required to make an express request to that
effect. By requesting that the Services begin within the 14 calendar day
cooling off period you acknowledge and agree to the following:
- 14.2.1 If
the Services are fully performed within the 14 calendar day cooling off
period, you will lose your right to cancel after the Services are
complete.
- 14.2.2 If
you cancel the Services after provision has begun but is not yet complete
you will still be required to pay for the Services supplied up until the
point at which you inform Us that you wish to cancel. The amount due shall
be calculated in proportion to the full price of the Services and the
actual Services already provided. Any sums that have already been paid for
the Services shall be refunded subject to deductions calculated in
accordance with the foregoing. Refunds, where applicable, will be issued within
5 working days and in any event no later than 14 calendar days after you
inform Us that you wish to cancel.
- 14.3 Cancellation
of Services after the 14 calendar day cooling off period has elapsed shall
be subject to the specific terms governing those Services and may be
subject to a minimum contract duration.
- 14.3 Cancellation
of Services after the 14 calendar day cooling off period has elapsed shall
be subject to the specific terms governing those Services and may be
subject to a minimum contract duration.
- 16.1 It is a requirement of the provision
of our Services to you, and more specifically in the provision of any of our live
session with our trained coaches, that we record all live sessions. Recording
is for the purposes of supervision and tailoring of training for our coaches
which improves quality control and Services to you. It is also necessary should
we need to escalate any safeguarding concerns. Should you not wish to be
recorded, we are unable to provide the Services to you and / or your child. We
will remind you that you are being recorded prior to the commencement of any
and all live coaching sessions
- 16.2 All recordings will be kept securely
in line with data protection legislation. Only staff that work with you, or
who work to improve the quality of our service will be able to access and view
the recordings. We won’t share the recordings with anyone outside of ANXEND
LTD unless we have a legal obligation to do so. Recordings are deleted
automatically within 12 months of creation.
17 . How We Use Your Personal Information (Data
Protection)
- 17.1 All
personal information that We may collect (including, but not limited to,
your name and address) will be collected, used and held in accordance with
the provisions of the Data Protection Act 1998 and your rights under that
Act.
- 17.2 We
may use your personal information to:
- 17.2.1 Provide
Our Services to you;
- 17.2.2 Process
your payment for the Services; and
- 17.2.3 Inform
you of new products and services available from Us. You may request that
We stop sending you this information at any time.
- 17.3 In
certain circumstances (if, for example, you wish to purchase Services on
credit), and with your consent, We may pass your personal information on
to credit reference agencies. These agencies are also bound by the Data
Protection Act 1998 and should use and hold your personal information
accordingly.
- 17.4 We
will not pass on your personal information to any other third parties
without first obtaining your express permission.
18. Disclaimers
- 18.1 We
make no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of our Service or Services.
- 18.2 No
part of this Website is intended to constitute advice and the Content of
this Website should not be relied upon when making any decisions or taking
any action of any kind.
- 18.3 No
part of this Website is intended to constitute a contractual offer capable
of acceptance.
- 18.4 Whilst
We use reasonable endeavours to ensure that the Website is secure and free
of errors, viruses and other malware, you are strongly advised to take
responsibility for your own internet security, that of your personal
details and your computers.
19. Changes to the Facilities and these Terms and
Conditions
We reserve the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes to the
Terms and Conditions from the first time you use the Website following the
changes. If We are required to make any changes to these Terms and Conditions
by law, these changes will apply automatically to any orders currently pending
in addition to any orders placed by you in the future.
20. Availability of the Website
- 20.1 The
Website is provided “as is” and on an “as available” basis. ANXEND
LTD uses industry best practices to provide a high uptime,
including a fault-tolerant architecture hosted in cloud servers. We give
no warranty that the Website or Facilities will be free of defects and /
or faults and we do not provide any kind of refund for outages. We provide
no warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
- 20.2 We
accept no liability for any disruption or non-availability of the Website
resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
21. Limitation of Liability
- 21.1 To
the maximum extent permitted by law, We accept no liability for any direct
or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use
of the Website or any information contained therein. You should be aware
that you use the Website and its Content at your own risk.
- 21.2 Nothing
in these Terms and Conditions excludes or restricts .
- 21.3 Nothing
in these Terms and Conditions excludes or restricts ANXEND LTD's liability
for any direct or indirect loss or damage arising out of the incorrect
provision of Services or out of reliance on incorrect information included
on the Website.
- 21.4 In
the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these
Terms and Conditions and shall not affect the validity and enforceability
of the remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any
rights upon any third party. The agreement created by these Terms and
Conditions is between you and ANXEND LTD.
25. Communications
- 25.1 All
notices / communications shall be given to Us either by post to Our
Premises (see address above) or by email to info@anxend.com.
Such notice will be deemed received 3 days after posting if sent by first
class post, the day of sending if the email is received in full on a
business day and on the next business day if the email is sent on a
weekend or public holiday.
- 25.2 We
may from time to time, if you opt to receive it, send you information
about Our products and/or services. If you do not wish to receive such
information, please click on the ‘Unsubscribe’ link in any email which you
receive from Us.
These Terms and Conditions and the relationship between you
and ANXEND LTD shall be governed by and construed in
accordance with the Law of England and Wales and ANXEND LTD and
you agree to submit to the exclusive jurisdiction of the United Kingdom.