Privacy policy
Introduction
These terms and conditions (together with the documents referred to in it) tells you information about us and contains the legal terms and conditions on which we supply the Services and Materials to you.
In these Terms, the words “We” “Us” and “Our” refer to Practomatics.com.
We strongly recommend you read these Terms carefully, as they will form part of the Contract between us. Please make sure you understand them before subscribing to the Services. Our relationship is subject to these Terms, and they impose certain responsibilities upon you and they exclude or limit Our liability to you in the event of loss or damage. Please note that by subscribing to the Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
Please tick the relevant box on the Order Form to indicate your agreement to these Terms. Please understand that if you do not accept these Terms, you will not be able to subscribe to the Services.
Definitions
1.1. When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control is defined in clause 12.2;
One on One Services means the Live Sessions mentoring that We are providing to you (and any Materials accompanying them),
Order your order form for the Services as set out on the document accompanying these Terms.
Materials all data, materials, information, commentary and/or advice made available to you by or on behalf of Us (whether via the Media Services, the One on One Services or otherwise howsoever).
Media Services means the online courses, webinars, newsletters, digital media services, and helpdesk services that We are providing to you (and any Materials accompanying them).
Services means the One on One Services and the Media Services. Terms these terms and conditions on which we supply the Services to you.
1.2. When We use the words "writing” or “written” in these Terms, this will include email unless We say otherwise.
1.3. Words in the singular include the plural and vice versa. A reference to one gender includes a reference to the other gender and the neuter.
Information about us
2.1. We are Practomatics.com, a trading name of Practomatics, with our registered office at Gibraltar.
2.2. Should you wish to contact us about these Terms, please do so using the following contact information:
2.2.1. Email: info@practomatics.com;
Our contract with you
3.1. These are the terms and conditions on which We supply Services to you.
3.2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate before you sign the Order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
3.3. When you sign and submit the Order to Us, this does not mean We take place as described in clause 3.4. If We are unable to supply you with the Services (for example if there is an Event Outside Our Control), We will inform you of this in writing, and We will not process the Order.
3.4. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order and when we have received payment from you (in full cleared funds) in accordance with clause 8.3, at which point a contract will come into existence between you and Us.
3.5. If any of these Terms conflict with any term of the Order, the Order will take priority.
Changes to Order
4.1. You may make a change to the Order for Services within 14 calendar days of placing an Order by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13.1 in these circumstances.
4.2. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13.
Providing services
5.1. You may only purchase Services from us if you are at least 18 years old.
5.2. We will supply the Media Services to you from the date we have accepted your Order; the period will depend on the order e.g. if you have purchased a 1-hour course or if you have signed up for an annual subscription, this will be for a period of 12 months from the date the order is accepted. We will send you an email on the date we accept your order. Please note that some Media Services (e.g. online courses) may not be available immediately but will become available as you progress through and complete various stages of the Services. At the end of your purchased period, the Media Services will cease to be available to you.
5.3. We will contact you (via email or via telephone) to arrange the dates on which you are available to attend the One on One Services. We will provide the One on One Services to you over a 12-month period. At the end of the 12-month period, the One on One Services will cease to be available to you.
5.4. We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 12 for our responsibilities when an Event Outside Our Control happens.
5.5. We will need certain information from you that is necessary for us to provide the Services, for example, your full name, address, and relevant payment details. We will contact you about this. If you do not, after being asked by Us, provide us with this information, or you provide us with incomplete or incorrect information, we may 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 providing the Services late or not providing any part of them if this is caused by you not giving us the information We need within a reasonable time of us asking for it.
5.6. We may have to suspend the Services if we have to deal with technical problems, or to make improvements. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause, but this does not affect your obligation to pay any invoices We have already sent you.
5.7. If you do not pay Us for the Services when you are supposed to as set out in clause 8.4, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 8.6). We will contact you to tell you this. This does not affect our right to charge you interest under clause 8.5.
If there is a problem with the services
6.1. In the unlikely event that there is any defect with the Services:
6.1.1. Please contact Us and tell Us as soon as reasonably possible;
6.1.2. Please give Us a reasonable opportunity to repair or fix any defect;
6.1.3. We will use every effort to repair or fix the defect as soon as reasonably practicable;
6.1.4. You will not have to pay for Us to repair or fix a defect with the Services under this clause 6.
6.2. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the Materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Our “three strike” policy
7.1. We have a policy that if you do not attend a seminar/webinar (including both the Media Services and the One on One Services) on 3 consecutive occasions, We reserve the right to cancel your subscription to the Services and no refund will be payable to you in this event.
Price and payment
8.1. The price of the Services will be set out in the Order, or if not specified in the Order, the price will be the price set out on our website as at the date We accept your Order.
8.2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
8.3. These prices include delivery costs.
8.4. Payment for the Services will be made by you by credit card at the time of submitting your Order. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize payment to Us, we will not be liable for any delay or non-delivery of the Services.
8.5. If you think an invoice is wrong, please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved We will charge you interest on correctly invoiced sums from the original due date.
8.6. If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
Our liability to you
9.1. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time we entered into the Contract.
9.2. We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or resale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3. We do not exclude or limit in any way Our liability for:
9.3.1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
9.3.2. fraud or fraudulent misrepresentation;
9.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
9.3.4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
Disclaimer
10.1. You acknowledge that:
10.1.1. We are not financial advisors or investment advisors and We do not provide financial or investment advice. Any information or commentary provided by Us should not be construed as financial or investment advice. You should not rely on any information or commentary We provide when making any financial or investment decision.
10.1.2. Any decision to participate in any of the Services is solely at your own risk.
10.1.3. We are not responsible or liable for any loss or damage you suffer as a result of participating in any of the Services.
10.1.4. You should consider obtaining your own independent financial or investment advice before participating in any of the Services.
Our responsibility for claims relating to third parties
11.1. You agree to indemnify Us and keep Us indemnified from and against all costs, claims, damages, expenses, liabilities or losses arising out of or in connection with any claim made against Us by a third party arising out of or in connection with your participation in any of the Services.
Events Outside Our Control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
12.3.1. We will contact you as soon as reasonably possible to notify you; and
12.3.2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 13.
Your rights to cancel and applicable refund
13.1. Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 4.1, as follows:
13.1.1. You may cancel any Order for Services at any time before the start date for the Services by contacting Us. We will confirm your cancellation in writing to you.
13.1.2. If you cancel an Order under clause 13.1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
13.1.3. However, if you have entered into a contract for Services with Us and you fail to attend the One on One Services and/or the Media Services on 3 consecutive occasions, We reserve the right to cancel your subscription to the Services and no refund will be payable to you in this event.
13.2. Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
13.2.1. We break this contract in any material way and We do not correct or fix the situation within 30 days of you asking Us to in writing;
13.2.2. We go into liquidation or a receiver or an administrator is appointed over Our assets;
13.2.3. We change these Terms under clause 4.1 to your material disadvantage;
13.2.4. We are affected by an Event Outside Our Control.
13.3. Ending the contract for Services which have already begun. If you want to end a contract for Services which have already begun, We will refund any advance payment you have made for Services We have not provided but We may deduct or charge you reasonable compensation for the net costs We will incur as a result of your ending the contract.
13.4. We will refund you the price you paid for the Services by the method you used for payment. However, We may make deductions from the price, as described below.
13.5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
13.5.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Services, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Services and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.
13.5.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a Service within 3-5 days at one cost but you choose to have the Service delivered within 24 hours at a higher cost, then We will only refund what you would have paid for the cheaper delivery option.
13.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
13.6.1. If the Services are goods and We have not offered to collect them, your refund will be made within 14 days from the day on which We receive the Services back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Services back to Us. For information about how to return a Service to us, see clause 13.8;
13.6.2. In all other cases, your refund will be made within 14 days of your telling Us you have changed your mind.
13.7. Our rights to end the contract
13.7.1. We may end the contract for Services at any time by writing to you if:
13.7.1.1. you do not make any payment to Us when it is due and you still do not make payment within 7 days of Us reminding you that payment is due;
13.7.1.2. you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Services, for example, your full name, address, and relevant payment details.
13.7.2. If We end the contract in the situations set out in clause 13.7.1, We will refund any money you have paid in advance for Services We have not provided but We may deduct or charge you reasonable compensation for the net costs We will incur as a result of your breaking the contract.
13.8. Returning Services after ending the contract. If you end the contract for any reason after Services have been dispatched to you or you have received them, you must return them to Us. You must either return the Services in person to where you bought them, post them back to Us at Gibraltar, or (if they are not suitable for posting) allow Us to collect them from you. Please call customer services on the contact details provided in clause 2.2 for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling Us you wish to end the contract.
13.9. When we will pay the costs of return. We will pay the costs of return:
13.9.1. if the Services are faulty or misdescribed;
13.9.2. if you are ending the contract because We have told you of an upcoming change to the Services or these Terms, an error in pricing or description, a delay in delivery due to Event Outside Our Control or because you have a legal right to do so as a result of something We have done wrong.
13.10. How we will refund you. We will refund you the price you paid for the Services including delivery costs, by the method you used for payment. However, We may make deductions from the price, as described below.
13.11. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
13.11.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Services, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Services and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.
13.11.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a Service within 3-5 days at one cost but you choose to have the Service delivered within 24 hours at a higher cost, then We will only refund what you would have paid for the cheaper delivery option.
13.12. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
13.12.1. If the Services are goods and We have not offered to collect them, your refund will be made within 14 days from the day on which We receive the Services back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Services back to Us. For information about how to return a Service to us, see clause 13.8;
13.12.2. In all other cases, your refund will be made within 14 days of your telling Us you have changed your mind.
Our rights to end the contract
14.1. We may end the contract for Services at any time by writing to you if:
14.1.1. you do not make any payment to Us when it is due and you still do not make payment within 7 days of Us reminding you that payment is due;
14.1.2. you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Services, for example, your full name, address, and relevant payment details.
14.2. If We end the contract in the situations set out in clause 13.7.1, We will refund any money you have paid in advance for Services We have not provided but We may deduct or charge you reasonable compensation for the net costs We will incur as a result of your breaking the contract.
Our rights to make changes
15.1. We may change the Services:
15.1.1. to reflect changes in relevant laws and regulatory requirements; and
15.1.2. to implement minor technical adjustments and improvements, for example, to address a security threat.
Intellectual property rights
All intellectual property rights in respect of the Materials and the Services remain the property of Practomatics.com or its licensors.
How we may use your personal information
16.1. We will use the personal information you provide to Us to:
16.1.1. provide the Services;
16.1.2. process your payment for such Services; and
16.1.3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
Sharing of Information
We will not share the personal information we hold about you except in the following circumstances:
17.1. between and among the Practomatics Entity, Practomatics and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
17.2. with professional advisors, vendors, consultants, and other service providers, such as payment service providers, IT hosting companies, banks, other financial institutions and credit reporting/reference agencies who need access to such information to carry out work on our behalf;
17.3. in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of Practomatics by another company;
17.4. disclosure in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
17.5. if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Practomatics or others; or
17.6. where we have your consent.
Notices
18.1. Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at info@practomatics.com, or by post to office Weidekampsgade 6, Copenhagen, 2300, Denmark
We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. If you are a consumer and exercising your right to cancel under clause 13, please see clause 13 for how to tell us this.
Our right to vary these terms
19.1. We may update or amend these Terms from time to time. Please time you and place an Order with us.
Our right not to accept orders and applicable refund
20.1. We may decide not to accept an order from you for Services. If we do and if you have made any payment in advance for the Services, we will refund you the full amount you have paid as soon as possible.
Entire agreement
21.1. These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
21.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms.
21.3. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
Severability
22.1. If any of the Terms of the contract between us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Terms will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Other important terms
23.1. We may transfer Our rights and obligations under these Terms to another organization, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
23.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
23.3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
23.4. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
23.5. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by law.
