TERMS of Sale

 

Last Updated [09 May 2025.]

 

These Terms of Sale set out the terms under which Digital Content is sold by Us to business customers through this website, www.jenniferfuller.co.uk (“Our Site”). Please review these Terms of Sale thoroughly and make sure you understand them prior to acquiring Digital Content. Reading and acknowledging these Terms of Sale will be a mandatory step during the purchase process. If you do not consent to adhere to and be obligated by these Terms of Sale, you will not have the ability to buy or access Digital Content via Our Site. It's important to note that these Terms of Sale, along with all Contracts, are exclusively presented in the English language.

 

Terms and information that are specific to accessing Digital Content from Our Site are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms of Sale.

 

1.       Definitions

 

In these Sale Terms, unless the context dictates otherwise, the subsequent expressions carry the following meanings:

 

“Contract”       

means a contract for the purchase of and access to Digital Content, as explained in Clause 6

 

“Data Protection Legislation”

means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended

 

“Digital Content”

means the digital content namely a digital downloadable document or instructional and training courses sold by Us through Our Site which includes, but is not limited to, pre-recorded videos, live sessions, animated slides, video content, pdfs and info-graphics

 

“Purchase Confirmation”

means Our acceptance and confirmation of your purchase

 

“Purchase ID”

means the reference number for your purchase

 

“Trainer”

means the trainer, instructor, teacher, coach, mentor, counsellor or other individual who may appear in the Digital Content

 

“We/Us/Our”

means Jennifer Fuller of Hardwick House, 2 Agricultural Hall Plain, Norwich, Norfolk, NR1 3FS

 

 

2.       About Us

 

2.1     Our Site, www.jenniferfuller.co.uk is owned and operated by Jennifer Fuller at jennifer@jenniferfuller.co.uk at Hardwick House, 2 Agricultural Hall Plain, Norwich, Norfolk, NR1 3FS.

 

 

3.       Access to and Use of Our Site

 

3.1     You will not be charged to access Our Site. However, some parts of Our Site require you to purchase Digital Content.

 

3.2     You are responsible for arranging access to Our Site.

 

3.3     Access to Our Site is offered in its current state, without any warranties, and on an availability basis. We reserve the right to modify, suspend, or cease operations of Our Site, or any portion thereof, at any time and without prior notice. We shall not be held responsible for any inconvenience or harm caused if Our Site, or any segment of it, becomes inaccessible at any given time and for any duration.

 

3.4     Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

 

4.       Business Customers and Consumers

 

4.1     These Terms of Sale are exclusively relevant to business customers. They do not apply to individual consumers who acquire Digital Content for personal purposes, unrelated to their trade, business, craft, or profession. If you are a consumer, it is advisable to contact us for guidance before proceeding with a purchase.

 

4.2     These Terms of Sale form the complete agreement between you and Us regarding the purchase of Digital Content. You understand that you have not placed reliance on any statement, representation, warranty, assurance, or promise made by Us or on Our behalf that is not explicitly outlined in these Terms of Sale. Furthermore, you agree not to make any claims for innocent or negligent misrepresentation or negligent misstatement based on any statements herein.

 

5.       Digital Content, Pricing and Availability

 

5.1     We may from time to time change Our prices.  Price changes will not affect any purchases you already made but will apply to any subsequent purchases.

 

5.2     Occasional adjustments may be applied to specific Digital Content, such as updates to comply with alterations in applicable laws or regulatory requirements, or to address technical or security concerns. These modifications are not intended to substantially modify the fundamental attributes of the Digital Content and typically should not impact your utilisation of it. If any alteration is implemented that could impact your use of the Digital Content, pertinent information will be communicated to you.

 

5.3     In cases where updates are applied to Digital Content, the content will still align with the description provided by us at the time of your purchase. It's important to note, however, that this does not preclude us from improving the Digital Content, thereby surpassing the features initially described.

 

5.4     We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Price changes will not affect any order that you have already placed (please note sub-Clause 5.7 regarding VAT, however).

 

5.5     All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.

 

5.6     If We discover an error in the price or purchase after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.3.

 

5.7     Prices on Our Site are shown exclusive of VAT as we are not VAT registered

 

6.       Orders – How Contracts Are Formed

 

6.1     The purchase process on Our Site includes step-by-step guidance. Before finalising your purchase, you will have the chance to review and make amendments to your order. It is crucial to thoroughly examine your order before submission to ensure accuracy.

 

6.2     If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Digital Content that results from you providing incorrect or incomplete information.

 

6.3     No section of Our Site is considered a contractual offer open for acceptance. When you place an order to make a purchase, it serves as a contractual offer that We may, at Our sole discretion, choose to accept. Our acceptance is communicated by sending you a Purchase Confirmation via email. The formation of a legally binding Contract between Us and you occurs only upon Our dispatch of the Purchase Confirmation.

 

6.4     Purchase Confirmation shall contain the following information:

 

6.4.1 Your Purchase Confirmation ID;

 

6.4.2 Confirmation of your purchase including full details of the main characteristics of the Digital Content available;

 

6.4.3 Fully itemised pricing for your purchase including, where appropriate, taxes, and other additional charges;

 

6.4.4 The duration of which the Digital Content will be made available to you.

 

6.5     Should We, for any reason, be unable to accept or fulfil your order, We will provide a written explanation for the circumstances. In normal circumstances, no payment will be processed. If We have already received payment, any such amounts will be promptly refunded to you.

 

6.6     Refunds under Clause 6 will be promptly issued to you, and in any case, within 14 calendar days from the occurrence of the event warranting the refund. Any reimbursements will be processed using the same payment method used for your initial purchase.

 

7.       Payment

 

7.1     Payment for Digital Content must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Purchase Confirmation.

 

7.2     We accept the following methods of payment on Our Site:

 

7.2.1 Google Pay, Visa, Mastercard and American Express

 

7.3     If you believe that We have charged you an incorrect amount, please contact Us using the contact details at sub-Clause 14.

 

8.       Providing the Digital Content

 

8.1     Digital Content appropriate to your purchase will be available to you immediately with the exception of any live elements (if applicable), which will be provided as and when available. Digital Content will continue to be available to you for 365 days, or until the Contract is otherwise ended.

 

8.2     Under specific conditions, We may find it necessary to temporarily suspend the provision of Digital Content, either in its entirety or in part, for the following reasons:

 

8.2.1 To address technical issues or implement essential minor technical adjustments, as explained in sub-Clause 5.2 above;

 

8.2.2 To update the Digital Content in alignment with appropriate alterations in the law or other regulatory necessities, as outlined in sub-Clause 5.2 above; or

 

8.2.3 To implement more substantial modifications to the Digital Content, as detailed in sub-Clause 5.3 above.

 

8.3     If We need to suspend availability of the Digital Content for any of the reasons set out in sub-Clause 8.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Digital Content, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than 30 days, you may end the Contract as described below in sub-clause 11.2.

 

9.       Licence

 

9.1     When you purchase access to Digital Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the relevant Digital Content for commercial purposes.  The licence granted to you does not give you any rights to Our Digital Content (including any material that We may licence from third parties).

 

9.2     The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:

 

9.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Digital Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

 

10.     Ending the Contract

 

10.1   You may end the Contract at any time. However, we cannot offer any refunds and you will continue to have access to the Digital Content for the remainder of the term detailed in sub-Clause 8.1 above thereafter the Contract will end.

 

11.     Terminating the Contract due to Our Actions or Future Actions

 

11.1   Should the availability of Digital Content be suspended for a duration exceeding 30 days or if We have notified you of an anticipated suspension exceeding 30 days, you have the right to terminate the Contract immediately, as specified in sub-Clause 8.3. In such a case, We will provide you with a pro-rata refund.

 

11.2   If We inform you of an error in the price or description of the Digital Content and you wish to end the Contract as a result, you may end it immediately.

 

11.3   You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation.

 

11.4   If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation using the contact details provided at sub-Clause 14. In each case, provide Us with your name, address, email, telephone number, and Purchase Confirmation ID.

 

11.5   Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 21 calendar days of the day on which you inform Us that you wish to cancel. Refunds under this Clause 11 will be made using the same payment method that you used when making your purchase.

 

12.     Liability

 

12.1   Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or any indirect or consequential loss arising out of or in connection with any contract between you and Us.

 

12.2   Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.

 

12.3   Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

13.     Events Outside of Our Control

 

13.1   We shall not be held responsible for any inability or delay in fulfilling Our obligations if such failure or delay is a result of causes beyond Our reasonable control. These causes include but are not limited to power failure, internet service provider failure, strikes, lockouts, or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic, pandemic or other natural disasters, or any other event that is considered beyond Our reasonable control.

 

13.2   If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

 

13.2.1    We will inform you as soon as is reasonably possible and We will take all reasonable steps to minimise the delay;

 

13.2.2    To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

 

13.2.3    We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of Digital Content as necessary;

 

13.2.4    If the event outside of Our control continues for more 90 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 21 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when making your purchase.

 

13.2.5    If an event outside of Our control occurs and continues for more than 90 days and you wish to cancel the Contract as a result, you may do so by contacting Us using the contact details found at Clause 14.

 

              In each case, provide Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you because of such cancellation will be paid to you as soon as is reasonably possible and in any event within 21 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when making your purchase.

 

14.     How to Communicate and Contact Us

 

If you wish to contact Us with any questions, complaints, or feedback you may contact Us by by email at jennifer@jenniferfuller.co.uk, or by post at Hardwick House, 2 Agricultural Hall Plain, Norwich, Norfolk, NR1 3FS

 

15.     How We Use Your Personal Information

 

15.1   All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

 

15.2   For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

 

16.     Additional Terms

 

16.1   We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

 

16.2   You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

 

16.3   The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

 

16.4   If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

 

16.5   No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

 

16.6   We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your purchase, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

 

17.     Law and Jurisdiction

 

17.1   These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed under English law.

 

17.2   Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Attachment

 

1. Our services, via means of Digital Content, are available online. We use technology that allows Us to provide Our services provided that you have the appropriate technology (see below) to access the Digital Content.

 

2. We will subscribe to Wix and will pay the necessary fees to Wix to maintain the availability of the Digital Content to You. It will enable Us to provide Digital Content to You over the internet.

 

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any other App or other software for us on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to access the Digital Content.

 

3.The technology and other items that You will be responsible for providing

 

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Digital Content.

 

You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

 

a.       An appropriate functioning Device which is adequately charged;

 

b.       Stable, reliable, internet access with adequate speed;

 

c.       A location at Your premises (or other premises that you use) with a suitable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other non-participating person to distract You;

 

d.       Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the Digital Content, external microphone and/or speakers as reasonably necessary will be required.

 

4.       Scope of what We make available to access

 

We do not, and cannot, assist you to obtain, set up, maintain, or operate any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. We do not, and cannot, give you any advice about what technology is needed or how to use it.

 

We do not claim to have any expertise or skill in relation to any technology that you need or use for the purpose of accessing the Digital Content. However, We may offer suggestions in good faith to resolve any problem with that technology that you report, but it will not be in the nature of advice to you. We do not therefore take on any responsibility or accept any liability to you if any such suggestion does not help you to resolve any problem or if by following any such suggestion you experience any other problem, loss or damage to your Device, your digital content or any other technology or other thing.

 

Without in any way limiting anything in Clause 13 of the Terms of Sale, for the purposes of Clause 13, causes beyond Our reasonable control may include any of the following:

 

a.       Where you are unable to resolve any technology problem (whether or not you have asked Us for or We have offered any suggestions as to how to resolve the problem); or

 

b.       Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that you use or rely on; or

 

c.       Failure of or a defect in any other platform used by Us or you to make the Digital Content available to you; or

 

d.       Lack of an appropriate functioning Device or any failure of or defect in a Device; or

 

e.       Your inability to access the Digital Content due to failure of or defects in Our Site etc.

 

4. We only offer Digital Content for use by businesses.

 

5. Your responsibility for your account and its security

 

6.Nature and result of a session of training provided to you or your staff

We will use Our reasonable endeavours to provide you with the necessary Digital Content using reasonable care and skill. However, the nature of digital products is such that there may be intrinsic limitations due to the online nature of it. Consequently, although dependent on various factors, the effectiveness or result of any one or more sessions will differ in each case.

​

7. We make no warranty or representation that, and give no undertaking that any, or any particular, result will be brought about as a result of you or your staff taking part in any training session(s) or receiving or using any other Digital Content.

 

8. Privacy and security during live sessions (if appliable)

 

9. Where any live session is accessed by means of two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), it will be accessed by other attendees simultaneously.  You are, therefore, reminded that where the sessions takes place and other people are in the vicinity we recommend the following:

 

​​​​​​​​​​10. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.