ETHAN R WILKINSON LTD TERMS OF BUSINESS FOR THE SALE OF SOCIAL MEDIA STRATEGY CONSULTATIONS AND ONLINE COURSES IN THE UK

INTRODUCTION

• These are the Terms of Business which govern the sales of social media strategy consultations (Consultations) and online courses (Plans) hereby referred to as the “Services”.
• They should be read in conjunction with the Privacy Policy, which can be found on the website.
• This constitutes a legal agreement between us and you. Please read it carefully.
• Please note that we do not provide Electoral Commission advice. When following the advice provided by the Services you are doing so at your own risk, and you must take full responsibility for any guidance issued by the Electoral Commision. Any guidance we may provide is no substitute for professional legal advice. Always ask your Election Agent, political party or a representative at the Electoral Commission.

1. INFORMATION ABOUT HOW TO CONTACT US

1.1 Who we are. We are Ethan R Wilkinson Ltd, a company incorporated and registered in England and Wales with company number 12333719 whose registered office can be found on our Companies House record.

1.2 How to contact us. You can contact us by email at hello@erw.digital.

1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.4 ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.

2. THE SERVICES

2.1 Nature of the Services. Consultations allow us to discuss your specific social media needs and provide a personalised plan. Plans allow you to learn more about social media strategies at your own pace. There will be opportunities for you to receive feedback during office hours and in the invitation only Facebook group.

2.2 For the Services you must consent to sharing your social media analytics so that we can provide you with personalised information.

2.3 Timing. Consultations are one-off appointments that you can schedule as many times as you like. Plans provide lifetime access, unless otherwise stated or due to any other factor that we deem reasonable. Our Privacy Policy provides further information regarding any personal data we may hold for you.

2.4 Ebook. Purchase of an eBook grants one licence for individual use. You are not permitted to share eBook files with others. We reserve the right to lock your purchase if you share your eBook file with others, unless you have received explicit written consent. Please get in touch if you would like to buy multiple eBook licences.

2.5 Plan. Purchase of a Plan grants one licence for individual use. You are not permitted to share your Plan login details with others. We reserve the right to close your account without a refund if you share your Plan login details with others, unless you have received explicit written consent.

3. SERVICES SUPPORT: OFFICE HOURS

3.1 You may obtain support either from our Help page or by emailing hello@erw.digital. We will endeavour to reply within 24 hours (Monday-Friday, excluding Bank Holidays and other holiday periods).

3.2 We reserve the right to change the method and hours of client support at any point during your time on the Plan.

4. KEEP YOUR ACCOUNT DETAILS SAFE

4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business.

4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

5. HOW YOU MAY USE MATERIAL WE PROVIDE

5.1 We are the owner or the licensee of all intellectual property rights in our Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2 You must not use any part of the content of the Services for any purpose other than your personal social media strategies.

6. PROVIDING CONTENT

6.1 We will keep your private information confidential. We will take all reasonable precautions to ensure that all such information is stored securely and kept confidential. Please also see our Privacy Policy.

6.2 We may ask your permission to publish reviews.

7. OUR CONTRACT WITH YOU

7.1 When the contract for a purchase of our Services comes in force. When you tick the box confirming that you accept these Terms of Business and then click the PAY NOW button and make your payment, you are making an offer to purchase our Services. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.

7.2 Our Services are primarily aimed at customers in the UK. We reserve the right to reject any orders of Services from outside the UK. If we do so, you will be given a full refund.

8. SERVICES PROVISION

8.1 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.2 Reasons we may suspend the supply of the Services to you. We may have to suspend the supply of Services to:

(a) deal with technical problems or make minor technical changes; or

(b) update the Services to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the Services as requested by you or notified by us to you.

8.3 Your rights if we suspend the supply of our Services. We will contact you in advance to tell you we will be suspending supply of our Services, unless the problem is urgent or an emergency. If we have to suspend the provision of our Services for longer than one week in any 90 day period we will adjust the price so that you do not pay for our Services while it is suspended. You may contact us to end the contract for our services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for our Services in respect of the period after you end the contract.

8.4 We may also suspend supply of our Services if you do not pay. If you do not pay when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of any elements of the Plan until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply.

9. YOUR RIGHTS TO END THE CONTRACT

9.1 Rights and exclusions. You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.

9.2 You can end your contract with us as follows. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) if you have just changed your mind about our Services (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order. However, as the Consultations are personalised, they are non-refundable.

9.3 Ending the contract because of something we have done or are going to do. You can end your contract if:

(a) we have told you about an upcoming change to our Services or these terms that you do not agree to;

(b) we have told you about an error in the price or description of our Services you have ordered and you do not wish to proceed;

(c) we have suspended supply of our Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or

(d) you have a legal right to end the contract because of something we have done wrong in which case you may end the contract and we will refund you in full.

10. HOW TO END THE CONTRACT WITH US

10.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:

(a) Email. Send an email to hello@erw.digital.

10.2 How we will refund you. Where applicable, we will refund you the price you paid for our Services, by the method you used for payment. However, we may make deductions from the price, as described below.

10.3 When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.

11. OUR RIGHT TO END THE CONTRACT

11.1 We may end the contract if you break it. We may end the contract for our Services at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Plans.

12. IF THERE IS A PROBLEM WITH THE PRODUCT

12.1 How to tell us about problems. If you have any questions or complaints about our Services, please contact us by emailing us at hello@erw.digital.

12.2 Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this contract. See below for a summary of your key legal rights in relation to our Services. Nothing in these Terms of Business will affect your legal rights.

Summary of your key legal rights:

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says digital content, such as our Plan, must be as described, fit for purpose and of satisfactory quality:

• if your digital content is faulty, you are entitled to a repair or a replacement
• if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
• if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation

13. PRICE AND PAYMENT

13.1 Ways to pay. Goods must be paid for in advance.

13.2 Where to find the price of our Services. The price of our Services, will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of our Services advised to you is correct.

13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of our Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where our Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If our Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

13.4 We are not liable for any charges that your bank may add to transactions.

13.5 You will be charged at the exchange rate available on the day of transaction.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE

14.1 We do not provide legal or Electoral Commission advice.

14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Plans; and for defective Plans under the Consumer Protection Act 1987.

14.4 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.5 We are not liable for business losses. We only supply our Services for domestic and private use. If you use the Plans for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. HOW WE MAY USE YOUR INFORMATION

15.1 How we will use your personal information. Please see our privacy policy on the website.

16. OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by English law and you can bring legal proceedings in respect of the Plans in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Plans in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Plans in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.

16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Last updated: 20/6/2020.