Terms & Conditions

Updated November 2024

These terms and conditions (together with any documents referred to in them) (Conditions) set out the basis on which you can purchase a subscription for our Sales Geek Sales Club (Sales Club) and/or any of workshops, masterclasses, cohorts or courses we deliver (each a course) listed on our website located at https://www.salesgeek.co.uk/our-services/open-courses/ (our site) or are otherwise made available to you by one of our franchisees via a unique booking link or QR Code.

Please read these Conditions carefully before ordering any courses or joining the Sales Club.

During the booking process, you will be requested to accept these Conditions in order to complete your purchase. If you choose not to accept the Conditions, unfortunately you will be unable to purchase courses from us or join the Sales Club.

Please note that Sales Geek services are only available to businesses. Our courses are not available to individual consumers.

1. Who we are

We are Sales Geek Ltd a company registered in England and Wales under number 10643449 whose registered office is at One Cathedral Square, 2nd Floor, Blackburn, Lancashire, BB1 1FB. With email address [email protected]; (Sales Geek/us/we).

2. Your status and obligations

2.1 Please note that joining the Sales Club or attending one of our courses is by invitation only and we reserve the right to refuse any order on this basis, including by way of cancellation and refund. By placing an order, if the course is by personal invite only, you confirm that you are a business who has been referred by one of our franchisees (Named Geeks). You also warrant that
a) you are legally capable of entering into binding contracts;
b) you will cooperate in all matters relating to our delivery of the courses or membership of the Sales Club;
c) you will comply with all requirements and instructions when attending our premises or those where courses are provided or the Sales Club meets; and
d) all information provided to us by you for the purposes of the Conditions is complete and accurate.

2.2 You are responsible for ensuring all personnel (delegates) attending the course or Sales Club comply with these Conditions and our reasonable instructions, and any failure by them to do so, will be deemed a failure by you.

3. Placing an order

3.1. In order to book a delegate on a course or join the Sales Club, you must first have been provided with a booking link or QR code to a booking webpage or to our site. Please note, you will only be permitted to book a course for which you have been referred or which has been offered publicly by us on a webpage/social media. If you book the incorrect course we will let you know and transfer the order to the correct course.

3.2. Once referred to the booking page, you will be able to join the Sales Club or book onto a course (for the number of desired delegates) by accepting these Conditions and making payment via our third party payment gateway. Following this, your order will only be accepted if we send you an email confirmation of the order. The order confirmation will also provide further details on the Sales Club and/or course including further details on the method of delivery (whether online or in person) and the location as applicable.  Only once the confirmation email is sent will the order be binding on you and us (a contract will be formed at this time).

3.3. The contract will relate only to the Sales Club, the specific courses and chosen course options which we have confirmed we will provide in the order confirmation.

3.4. If you have booked a course, prior to the course start date we or the Named Geek will send you details on accessing or attending the course and requirements on the day. Please note, if your course is scheduled soon after booking, all of this information may be provided in the original order confirmation, so please check this for full details.

3.5. If you have joined the Sales Club, we will provide details of the upcoming events and how to attend, as well as providing access to the Sales Club content and materials. Each membership of Sales Club will allow one delegate from your organisation to attend and participate in the Sales Club.

4. Delivery of the course & attendance

4.1 Our courses are provided by our Named Geeks, who determine as and when to make courses available for booking. Therefore, we make no commitment as to the ongoing availability or regularity of courses.

4.2 All the courses are delivered by the Named Geek, either online or in person as specified when booking the course. Access details or the course location will be specified in the order confirmation. We may update the location on notice to you, provided it is within a reasonable travelling distance of the original venue. We reserve the right to change all in-person courses to being delivered on-line and, if this happens, we will provide details on the course and how to access it, using the contact details provided when booking.

4.3 If the course is delivered at a third party event location then you will be responsible for all delegates complying with any attendance requirements of such third party. We exclude responsibility and liability for any act, omission or default of the third party supplier.

4.4. For in person events: (i) delegates must arrange their own transport to the course venue and if applicable arrange for their own accommodation; and (ii) Food and refreshments will only be provided if specified for the booked course, otherwise this will be the responsibility of delegates.

4.5 It is the delegates’ responsibility to attend on time. No refunds or discounts will be provided in the event of late or non-attendance.

5. Sales Club Specific Terms:

5.1 When placing an order to join the Sales Club, you will be required to select the membership package of your choice, being either monthly, quarterly or annual memberships. The content and benefits of each package will be as specified at the time of booking, and further detailed in the booking confirmation we will send to you.

5.2 We will provide full details of the upcoming and annual events, as well as content for members, as part of the Sales Club onboarding process and from time to time via the communication preferences provided when registering.

5.3 We reserve the right to amend the content, events and benefits available under the Sales Club, provided such changes  don’t materially detract from or reduce the benefits available to Sales Club members. We also reserve the right to substitute any listed events or content for those of comparable value and relevance for our members. You understand and agree that such rights of substitution are needed to reflect the changing needs of our members, the ongoing nature of Sales Club membership, as well as the need to ensure topics and content reflect current market trends and news.

5.4 Sales Club events or courses will either be online or in person as specified at the time of booking or by email from time to time. Access details or the course location will be provided in advance. For in person courses, we may update the location on notice to you, provided it is within a reasonable travelling distance of the original venue. We reserve the right to change all in-person events or courses to being delivered on-line and, if this happens, we will provide details on the event or course, and how to access it, using the contact details provided when booking.

5.5 If the event or course is delivered at a third party event location then you will be responsible for all delegates complying with any attendance requirements of such third party. We exclude responsibility and liability for any act, omission or default of the third party supplier.

5.6 Food and refreshments will only be provided if specified by us in advance, otherwise this will be the responsibility of delegates.

5.7 For in person events, delegates must arrange their own transport to the venue and if applicable arrange for their own accommodation.

5.8 It is the delegates’ responsibility to attend on time. No refunds or discounts will be provided in the event of late or non-attendance.

5.9. Sales Club members will also receive free access for your registered delegate to the Sales Geek Academy  (https://www.salesgeek.co.uk/our-services/sales-geek-academy/), which provides online training resources and materials. Such access will only be for the duration of your Sales Club membership and will be subject to the Academy Licence Terms & Conditions available here.

6. Fees and payment

6.1. Course fees will be as quoted when booking the course or Sales Club (Fees). Fees exclude VAT where appropriate.

6.2. Fees may be changed at any time by updating our quoted Fees on our site or when accessed via a link/QR code, but changes will not affect orders already accepted. For the Sales Club, we will notify you of any Fee increases via the contact details you provided when registering, but the Fees will not take effect until the end of your current membership cycle, whether monthly, quarterly or annual.

6.3. You will pay the Sales Club membership Fee in advance, either on a monthly, quarterly or annual basis. The Fee shall be payable by card payment under continuous payment authority and is payable for as long as the membership is active. You shall take any action necessary to set up the recurring payment in order to register for the relevant Sales Club member. Any failure to establish the recurring payment, or a failed payment collection, will result in suspension of the membership. We reserve the right to invoice the Customer for any outstanding membership Fees.

6.4 If there has been an error when taking payment or making the booking, and the correct fee is higher than the Fee paid, we will either contact you to see if you want to (i) cancel your order; or (ii) pay the additional amount. Any Fee paid will be refunded to you, but we will have no liability to you beyond the Fee paid. If you have overpaid, we will refund a proportion of the Fee, so that you only pay the correct Fee.

6.5 Bookings will not be confirmed until payment has been received. Payment must be made at the time of booking.

6.6 If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct amount, we reserve the right to adjust the total costs to ensure that it is the correct amount for the circumstances.

7. Cancellation, non-attendance, transfers and refunds

Cancellation by us and changes to courses

7.1. Whilst every effort is made to avoid changes to the courses we offer, we reserve the right to suspend, reschedule or cancel courses at any time. In such circumstances, we shall use reasonable endeavours to offer an alternative date within 12 months and only where this is not reasonably possible we will offer you a credit or a refund. We will not be liable for any costs or losses arising from cancellation or rescheduling, including without limitation liability travel and accommodation costs or other consequential or indirect losses.

7.2 Certain courses may require a minimum number of delegates. If courses do not reach the minimum number required, we reserve the right to cancel the course and the provisions of clause 7.1 will apply.

7.3 Whilst courses have a designated Named Geek, we reserve the right, in certain circumstances, to change such Named Geeks due to unavailability, illness and/or circumstances outside of our control.

7.4 For Sales Club events, whilst we also make every effort to avoid changes to scheduled events, courses and activities, it is likely that some rescheduling will occur over the course of your membership, due to factors such as venue closure, Named Geek illnesses, weather conditions and business priorities. Therefore, we reserve the right to reschedule such Sales Club events, courses and activities at our discretion, save that we shall try to provide reasonable notice of the same and seek to reschedule within a reasonable time period.

7.5. We reserve the right, without liability or an obligation to refund sums, to exclude you and any delegates from any course, event or activity after its commencement if in our absolute discretion we consider that you are impeding the provision of the course or other of our activities, or your presence is bringing or threatening to bring us into disrepute.

Cancellation or Rescheduling a course by you

7.6 Once the booking is confirmed you cannot cancel the order or reduce the number of delegates. If you choose to cancel an order, no refund will be payable and we will retain the full Fee amount.

7.7 You may reschedule the course up to 14 days before the course date, but any request after this time will be treated as a cancellation.  Requests to reschedule courses and/or delegates are made in writing to [email protected] or any other email address notified to you).

7.8 Please note that, because courses are delivered by Named Geeks, then any rescheduled course may be with a different Named Geek and at a different location. Alternatively, you may elect a different course by the same Named Geek which is scheduled within 12 months of the original course date, or wait until the same Named Geek delivers the same course again. We make no guarantee as to when the course may be repeated by the same, or other, Named Geek.

Sales Club renewal and cancellation

7.9 Your Sales Club membership and contract between us will automatically renew at the end of your current membership cycle. Each renewal will be for the same duration as your previous cycle and you will be bound for the same minimum period (for example, if you have an annual membership and this renews, then you will again be committed for a further 12 months’ annual membership).

7.10 You may cancel your membership to the Sales Club at any time by giving us written notice via email to [email protected]. However, such cancellation shall only take effect at the end of your current membership cycle, being either monthly, quarterly or annual.

7.11 We may end the Sales Club at our discretion at any time by providing notice to you using the communication preferences you have provided. However, we shall refund any Fees paid, on a pro rata basis, which relate to the remainder of your membership cycle after the date of Sales Club ends.

Terminating for breach or insolvency

7.12 We may cancel a course and/or end your Sales Club membership and immediately terminate this contract if: (i)  you are in breach of any of these Conditions; or (ii) a petition or a resolution is passed for the winding up of your business or you stop or threaten to stop payment of your debts.

7.13 You may cancel your booking for a course or your Sales Club membership, and terminate the related contract, if we are in material breach of these Conditions and, having received written notice from you (to our email of [email protected]) of such material breach, we have then failed to remedy such breach within 30 days of the date we receive your notice.

Non-attendance

7.14 You remain liable to pay the total Fees: (i) for a course if a delegate fails to attend such course and no refund will be payable; (ii) for the Sales Club, even if you elect to not attend any events, courses or activities, or otherwise do not make use of the materials and content provided. You understand and accept it is your responsibility to ensure you and your delegates are engaged with the Sales Club membership benefits.

Refunds

7.15 Refunds, if applicable, will be made using the same method of payment as you used for the purchase.

8. Liability

8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions and any related contract that is caused by events outside our reasonable control.

8.2. Nothing in these Conditions will in any way limit our liability for: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability to the extent that it may not be excluded or limited as a matter of law.

8.3. We will not be liable under, or in connection with, these Conditions and any contract under them for: (i) loss of income; (ii) loss of business profits or contracts; (iii) business interruption; (iv) loss of the use of money or anticipated savings; (v) loss or opportunity, goodwill or reputational (vi) loss of, damage to or corruption of data; (vii) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

8.4 Our maximum aggregate liability under or in connection with: (i) each order/contract for a course, is limited to the total Fees which have been paid, or are payable, for the course in respect of that order; or (ii) in respect of an order/contract for Sales Club membership, to the total Fees paid by you for the Sales membership over the 12 months preceding the date on which the event occurred which has given rise to a claim or series of connected claims.

8.5. The courses are only provided to businesses and not consumers, and the provisions of this clause 8 reflect this. 

9. Intellectual property

9.1 At all times, all intellectual property rights in all materials and content provided during the course and/or your Sales Club membership remain the property of us or our licensors (Materials). No Materials may be reproduced, stored in a retrieval system or transmitted in any form without our prior written consent.

9.2 In consideration of receipt by us of the Fees, we grant to you a non- exclusive, non-transferable licence to use the Materials for the sole purpose of the course or receiving the benefit of a Sales Club Membership. You may not modify, copy, reproduce, re-publish, sub-licence or distribute in any way any of the Materials.

10. Data protection

10.1. We may process your, or your delegates’, personal data in order to book you onto and administer the course. For this purpose, we are the data controller (under the Data Protection Act 2018 and UK GDPR) and will process such personal data in accordance with our Privacy Policy available here.]

10.2 You warrant and undertake that you have all necessary permissions and consents to share personal data of your delegates with us, in order to book them onto the course. 

11. General

11.1. All formal notices given by you to us must be sent by email to [email protected] or by registered post to Sales Geek Limited, 2nd Floor, Geek Bunker, One Cathedral Square, Blackburn BB1 1FB. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and that a read receipt was received by you.

11.2. The contract between you and us is binding on you and us and on our respective successors and assigns.

11.3. You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.

11.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

11.5. If you breach these Conditions and we take no action to enforce our rights in respect of that breach, we will be able to enforce our rights in respect of any other breach of the conditions by you.

11.6. These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

11.7. We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these
Conditions.

11.8. We reserve the right to revise and amend these Conditions
from time to time for any reason, including changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. We will place any updated Conditions on our site which will then apply for any future orders.

11.9. These Conditions and any contract formed under them will be governed by English law. Any dispute arising from, or related to, these Conditions and contract under them will be subject to the exclusive jurisdiction of the courts of England and Wales.

Sales Geek Limited- Terms and Conditions of licence for Sales Geek App and Academy

Updated 21st April 2023

We draw your attention to clauses 14 Intellectual Property, 15 Liability and 16 Data Protection.

Our terms

1. Definitions

1.1 Academy: means our online, paid for professional, training and community sales services, and related Content, which are 

accessed via the App and may be purchased by you under these terms and conditions.

1.2 Account: means the account registered to you under a Licence through which you will be granted access to the App and Academy 

(if applicable) under these terms and any applicable terms of use on the App.

1.3 Additional Services: means any additional, ad hoc, bespoke or other services which we may supply to you from time to time in 

addition to the Products.

1.4 App: means together our web application and Mobile App, and related Content, acting as a hub for professional, training and 

community sales services, through which the Academy may also be accessed, located at app.salesgeek.co.uk

1.5 Content: means all images, videos, articles, guidance, e-learning materials and any other digital content we make available as 

part of the App and Academy, as applicable.

1.6 Free Account: means a licence for an individual user account for your own business use to access the App, which may be granted 

at no charge to you in accordance with clause 8.5

1.7 Individual User Licence: means the Licence purchased by a customer (you/your) under a Company Licence, for individual Users 

up to a maximum of 9.

1.8 Large Business Licence: means any Licence provided for more than 50 Users.

1.9 Licence: means the licence(s) which may be purchased by a Company from Sales Geek Limited (we/us/our) by you under these 

terms and which relate to your, and any other Users, use of the Products.

1.10 Licence Manager: means the User nominated by you as the representative to manage the Licence and otherwise communicate 

with in respect of the Products and Fees.

1.11 Medium Business Licence: means any Licence provided for between 21 up to 50 Users.

1.12 Mobile App: Sales Geek mobile application as updated from time to time.

1.13 Our Materials: has the meaning given in clause 14.1

1.14 Products: means together the App and Academy.

1.15 Small Business Licence: means any Licence covering up to 20 Users.

1.16 Subscription Fee: means the fee payable by you for the Licence(s) and which is applicable for the Subscription Term.

1.17 Subscription Term: means the duration for which the Licence is made available to you under these terms, which will either be 1 

month or 12 month terms as confirmed at point of order in accordance with clause 4 .

1.18 Your Materials: has the meaning given in clause 14.3

1.19 User: means, if you have a Licence, any person you have nominated to be a User in accordance with clause 4.

1.20 Website: means www.salesgeek.co.uk (including subscribe.salesgeek.co.uk and app.salesgeek.co.uk)

1.21 White Label: means the branding of the App and/or Academy with your trade mark, logos and/or other brand images, or 

otherwise presenting the App and/or Academy as operated by you, for access and use by your personnel.

2. These Terms

2.1 What these terms cover. These are the terms and conditions on which we grant the Free Accounts and Licence/s to you.

2.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we 

are, how we will provide Licences to you, how you and we may change or end the contract, what to do if there is a problem and

other important information.

2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Information about us and how to contact us

3.1 Who we are. We are Sales Geek Ltd, a company registered in England and Wales. Our company registration number is 10643449 

and our registered office is at One Cathedral Square 2nd Floor, One Cathedral Square, Blackburn, Lancashire, England, BB1 1FB.

3.2 How to contact us. You, and any User, can contact us by using the Get in touch form on the Website, or contacting our customer 

service team using T: 01254 920 120 E: [email protected]

3.3 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 registered 

to your Account.

3.4 User subscriptions. If you have a Licence, subject to your payment of Fees, the restrictions set out in this clause 3.5 and these 

terms, we grant to you a non-exclusive, non-transferable right, without the right to grant sub-licences, to permit the Users to use 

the Academy during the Subscription Term solely for your internal business operations. In relation to the Users, you undertake 

that:

( ) the maximum number of Users that you authorise or otherwise permit to access and use the Academy not exceed 

the number of User subscriptions you have purchased under a Licence from time to time in accordance with these 

terms;

( ) you will not allow any User subscription to be used by more than one individual unless the User subscription has 

been reassigned in its entirety to another individual User, in which case the original User shall no longer have any 

right of access or use; and

( ) each User shall keep an individual email address secure password for their use of the Academy.

3.5 Audit. We will be entitled to conduct an audit on reasonable notice in order to confirm the number of Users or unauthorised 

individuals accessing your Account and if such an audit reveals you have underpaid Subscription Fees, then without prejudice to 

our other rights, you shall pay us an amount equal to such underpayment of Subscription Fee as calculated on a pro rata basis 

for the actual number of people using the Account.

3.6 Prohibited behaviour. You will not access, store, distribute or transmit any Viruses, or any material during the course of your use 

of the App and/or Academy that; is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or 

ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory 

based on race, gender, colour, religious belief, sexual orientation, disability; or is otherwise illegal or causes damage or injury to 

any person or property; and we reserve the right, without liability or prejudice to our other rights, to disable your, and any of 

your Users’, access to the Products.

3.7 Restricted acts. You will not (except as may be allowed by any applicable law which is incapable of exclusion by agreement 

between us):

( ) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, 

transmit, or distribute all or any portion of the Products in any form or media or by any means; or

( ) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable 

form all or any part of the Products; or

( ) access all or any part of the Products in order to build a competing product or service; or

( ) use the Products to provide services to third parties; or

( ) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise 

make the Content available to any third party except the Authorised Users, or

( ) attempt to obtain, or assist third parties in obtaining, access to the Products, other than as provided under these 

terms; or

( ) introduce or permit the introduction of any virus or other vulnerability into our network and information systems.

3.8 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Products and, in the event of any 

such unauthorised access or use, promptly notify us.

3.9 The rights provided under these terms are granted to you only and shall not be considered granted to any subsidiary or holding 

company unless otherwise agreed in writing between us.

4. Our contract with you

4.1 How we will accept your order. Our acceptance of your order will take place and a binding contract will come into effect when 

(i) in the case of online orders for Individual Licences, Small Business Licences, and Medium Business Licences, (made via webpage 

subscribe.salesgeek.co.uk) the screen confirming successful purchase of the Licence appears on the Website; (ii) in the case 

of orders for a Large Business Licence via our sales team, when we email you confirmation of the order and either take payment 

for the Subscription Fee at the time or provide payment details; (or iii) for Additional Services when the screen confirming 

successful purchase of the Additional Service appears on the Website, unless we have specified a different order process at that 

time.

4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this at the time of order and will not 

charge you for the Licence. This might be because of unexpected limits on our resources which we could not reasonably plan for 

or because we have identified an error in the price or description of the Licence or Products. This will also happen if your payment 

(under clause 13.7) is refused by our payment partner www.stripe.com.

4.3 User access. For Free Accounts, Users will be required to provide a unique email to access the App and will then be provided 

with a password by us. If you have purchased a Licence, we will enable the Licence Manager to assign individual User accounts

by inputting individual email addresses for each User you have designated, so they may log in to the App and Academy. Once 

registered, Users may reset their password following the in Product prompts and our password minimum standard requirements.

4.4 International customers. Our App and Academy are available to customers outside of England and Wales though we reserve the 

right at all times to decide and change which countries and jurisdictions at our discretion and/or to refuse orders and/or access 

to customers from any country based on legal requirements, Government advice and/or our discretion.

4.5 Account Security. Subject to 4.3, your Licence Manager’s username and password, and the usernames and passwords for each 

User, are confidential. You must not disclose this information to any third party and are responsible for ensuring any Users comply 

with this requirement. We have the right to disable your and/or any User access 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 use or any 

acceptable use or community guidelines we publish in the Products.

4.6 Notification. If you know or suspect that anyone other than you, or a User, knows your user (or one of your Users) password/s, 

you must immediately notify us using the Get in Touch form; T: 01254 920 120 ; or email: [email protected]

4.7 Liability for Users. Please note that, in accordance with these terms, you will remain fully liable for all acts and/or omissions of 

Users registered to your Account and/or any other person you permit to access the App and/or Academy.

4.8 Team Leaders. You can nominate team leaders to have oversight of other Users registered to your licence, in order to monitor 

engagement with the Academy and usage points accrued by each user. The team leader will not have any administrative rights 

for the Products and will only be able to see this information in relation to Users allocated to them by the Licence Manager. The 

Licence Manager has overall responsibility for nomination and allocation of both team leaders and Users.

5. Products, Content and User content

5.1 Products and Content may vary slightly from their description. The description of the Products on our App and Academy are for 

illustrative and information purposes only. Although we have made every effort to accurately describe the Products and Content, 

they may vary slightly from the description.

5.2 User Content. Users have the ability to use the ‘Community’ tab and functionality to post content, queries and communicate 

with other Users. We exclude liability for any such content provided as well as any reliance which you may make upon it. We 

require all User content to be in accordance with any acceptable use or community guidelines we may publish from time to time

and we reserve the right to remove any User content and/or restrict access for any User in contravention of our guidelines.

6. Your rights to make changes

If you wish to make a change to the Licence or Products, or would like to White Label the Website for your personnel, then 

please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the 

price of the Licence, the timing of supply or anything else which would be necessary as a result of your requested change and 

ask you to confirm whether you wish to go ahead with the change.

7. Our rights to make changes

7.1 Minor changes to the Licence or Products. We may change the Licence and/or Products:

( ) to reflect changes in relevant laws and regulatory requirements;

( ) by changing the timing and/or duration of the Content;

( ) by changing the personnel involved in or responsible for the Content;

( ) by changing, adding, amending, removing and/or otherwise determining the Content;

( ) to implement minor technical adjustments and improvements, for example to address a security threat. These 

changes will not materially affect your use of the Licence or digital content.

7.2 More significant changes to the Products and these terms. In addition, we may make the following changes to these terms or 

the Products, but if we do so we will notify you and you may then contact us to end the Subscription Term before the changes 

take effect and receive a refund for any Licence or Subscription Term paid for but not received:

( ) Changes to the Subscription Fee other than as permitted under clause 13.3; or

( ) Changes to the overall purpose and scope of the App and/or Academy.

7.3 Upgrades, updates and new versions. We may update, upgrade and/or create new versions of the Products at our discretion 

and each update, upgrade or new version will be considered to constitute the Products for the purposes of these terms and your 

Licence.

7.4 Updates to digital content. We may update and/or provide new Content, from time to time in order to provide you with new or 

functioning Content, provided that the digital content shall always be relevant for the Licence purchased.

8. Providing the Products

8.1 When we will provide the Academy or Additional Services. As the Licences are ongoing services or subscriptions, we will supply 

the Academy to you until the Subscription term expires (if applicable) or you end the contract as described in clause 10 or we 

end the contract by notice to you as described in clause 11. If you have purchased Additional Services, these will be provided in 

accordance with the information provided at the time and, at least, within a reasonable time of payment by you.

8.2 What will happen if you do not give required information to us. We may need certain information from you so that we can 

enter the Licences, for example, business information, employee information, nominated Users, client details and services. If so, 

this will have been stated on our Website and will be requested when setting up the Account. 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 not be able to grant 

the Licence and may need to end the contract . We will not be responsible for any delays in setting up the Account, supplying the 

Products late or not supplying 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.

8.3 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of the Products to:

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

( ) update the Products to reflect changes in relevant laws and regulatory requirements;

( ) make changes to the Licence or Content as requested by you or as permitted for us (clause 7); or

( ) implement updates, upgrades and new versions.

8.4 We may suspend your Licence if you do not pay. If you do not pay us for the Licence when you are supposed to (see clause 13.7) 

we may suspend your Licence until you have paid us the outstanding amounts. We will contact you to tell you we are suspending

your Licence and restricting access to the App. We will not suspend the Licence where you reasonably dispute the unpaid invoice 

(see clause 13.9). As well as suspending the Licences we can also charge you interest on your overdue payments (see clause 13.8).

8.5 Free Account. By registering for a Free Account we will make available to you, access to our App on a free basis. The scope and 

extent of such Free Account shall be at our discretion and you will need to create an Account with us in order to obtain a Free 

Account. We reserve the right to refuse any requests for a Free Account, and/or to update, amend, suspend or end such Free 

Accounts at our discretion by providing notice to you. Your receipt of a Free Account and use of the App shall be in accordance 

with these terms, save as to duration/termination, charging and payment.

9. Our obligations

9.1 Skill and Care. We undertake that we will use reasonable skill and care in supplying the Products and that the Products will 

substantially conform with their description.

9.2 Non-conformance caused by you. The undertaking at clause 9.1 shall not apply to the extent of any non-conformance which is 

caused by your use of the Products, or is related to information, materials or content which you have provided. If our Products 

do not conform with the foregoing undertaking, we will use all reasonable commercial endeavours to correct any such nonconformance promptly. Such correction constitutes your sole and exclusive remedy for any breach of the undertaking set out in

clause 9.1.

9.3 No warranty. We do not warrant that:

( ) Your use of the Products will be uninterrupted or error-free;

( ) that the Products will meet your requirements; or

( ) the Products will be free from vulnerabilities or viruses.

9.4 No responsibility for external communications. We are not responsible for any delays, delivery failures, or any other loss or 

damage resulting from the transfer of data over communications networks and facilities, including the internet, and you 

acknowledge that the Products may be subject to limitations, delays and other problems inherent in the use of such 

communications facilities.

9.5 Necessary Licences. We warrant that we have and will maintain all necessary licences, consents, and permissions necessary for 

the performance of our obligations under these terms.

10. Your rights to end the Licence

10.1 Ending the Licence because of something we have done or are going to do. If you are ending the Licence for a reason set out at 

(a) to (e) below all Licences will end immediately and we will refund you for the Subscription Fee applicable for the remainder of 

the Subscription Term. The reasons are:

( ) we have told you about an upcoming material change to the Academy or these terms which you do not agree to 

(see clause 7.2);

( ) we have told you about an error in the price of the Subscription Fee and you do not wish to proceed;

( ) we have suspended supply of the Academy for technical reasons, or notify you we are going to suspend them for 

technical reasons, in each case for a period of more than 2 consecutive weeks; or

( ) you have a legal right to end the contract because we have materially breached these terms.

10.2 Duration and cancellation: Subject to 10.1 the Licence will continue for the Subscription Term during which time you and any 

other Users will have access to the Academy subject to your Licence under these terms. At the end of the Subscription Term, the

Licence will automatically renew for subsequent terms of the same duration (each a Subscription Term), subject to these terms

and applicable Subscription Fees, unless the Licence Manager has cancelled the Licence using the cancellation functionality within 

the App. Such cancellation will be recorded immediately but will not take effect until the end of the Subscription Term and you

will receive access to the Academy for the remainder of your contracted Subscription Term. Please note, Subscription Fees will 

remain due and payable, or are not refundable, in respect of the remainder of the Subscription Term. Furthermore, we do not 

accept cancellation or termination of Licences by any other process or means of communication.

10.3 Individual Users. If the Licence has been cancelled under clause 10.2, then all Users registered to that Licence will be granted 

Free Accounts automatically using the same login and password details.

10.4 Free Account cancellation. To end your Free Account with us, please let us know by doing one of the following: 

( ) Phone or email. Call customer services on T: 01254 920 120 or email us at E: [email protected]. Please 

provide your name and email address.

( ) Online. Using the Get in Touch form on the website.

11. Our rights to end the contract

11.1 We may end the Licence if you breach these terms . We may end the Licence and delete your individual User account/s, at any 

time by writing to you if:

( ) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding 

you that payment is due;

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

the Licence or supply the Academy;

( ) we reasonably consider you are acting inappropriately or illegally, including by materially or consistently breaching 

our acceptable use/community guidelines for the Academy;

( ) you are using the Academy to advertise websites, services, businesses and/or business opportunities;

( ) you fail our or www.stripe.com credit checking processes; or

( ) you breach these terms and any such breach, if capable of remedy, is not remedied within 7 days.

11.2 You may need to compensate us if you break the contract. If we end the Licence in the situations set out in clause 11.1 we may 

(i) charge you for any Subscription Fees not already paid for the Subscription Term; (ii) charge you for Additional Services ordered 

or performed and not yet paid for; and/or (iii) retain any Subscription Fees already paid for the remainder of the Subscription 

Term. We are also entitled to claim reasonable compensation for the net costs we will incur as a result of your breaking the 

Licence contract.

11.3 We may withdraw the App and/or Academy. We may write to you to let you know that we are going to stop providing the App 

and/or Academy either completely or in the jurisdiction which you are based and/or trade. We will let you know at least 2 months 

in advance of our stopping the supply and will refund any Subscription Fees you have paid in advance for the period when the 

App and/or Academy will not be provided.

12. If there is a problem with the Licence

How to tell us about problems. If you have any questions or complaints about the Licence, please use the Get in Touch form on 

the website or call customer services on T: 01254 920 120 or email us at E: [email protected]. Please provide your name, 

email address, and, where available, your phone number.

13. Price and payment

13.1 The Subscription Fee. The Subscription Fee will be:

( ) for Individual Licences, Small Business Licences, and Medium Business Licences the price indicated on the order 

pages of the Website when you placed your order and VAT will apply as set out; or

( ) for Large Business Licences, the price communicated to you by our sales team in writing when placing the order and 

Vat will apply as set out.

We take all reasonable care to ensure that the Subscription Fee advised to you is correct. However please see clause 13.6 for 

what happens if we discover an error in the price of the Licence you order.

13.2 Additional Users. If you have a Licence and would like to add Users to your Account (more than the permitted Users under your 

current Licence), then the Licence Manager will be able to do this within their account section of the App, including adding further 

Individual Licences or upgrading your subscription to Small, Medium or Large Licences (as applicable). Once requested we will 

confirm any change to your Subscription Fee which will become due and payable pursuant to clause 13.7. However, please note 

that if the requested change means you will then have more than 50 Users, then a Large Business Licence will be required and 

we may contact you directly to arrange the order and take payment. Details of the Users will be added to your Account and the

Users will be provided with access details in accordance with clause 4.

13.3 Subscription Fee increase. We are entitled to increase the Subscription Fee once in each calendar year and in accordance with 

the average increase in the Retail Price Index over the three months preceding the change in Subscription Fee, as determined by 

the Office for National Statistics. We will let you know about such an increase at the time.

13.4 Promotional Code. If you have received a promotional code from one of our franchisees or other referral partner, then to benefit 

from the related promotional discount this code will need to be entered at the time the order for the Licence is made (in 

accordance with clause 4.1) and prior to first payment of the Subscription Fee. Any request to apply the discount after this time 

will be decided at our sole discretion and may not be accepted.

13.5 Additional Services fees. The price for the Additional Services will be the price specified at the time of purchase either on our 

Website or directly by us, and such price will be subject to VAT.

13.6 What happens if we got the price wrong. It is always possible that, despite our best efforts, we may have quoted the wrong 

Subscription Fee or other prices. We will normally check prices before accepting your order so that, where the Subscription Fee 

at your order date is less than our stated Subscription Fee at your order date, we will charge the lower amount. If the correct 

Subscription Fee at your order date is higher than the Subscription Fee stated to you, we will contact you for your instructions 

before we accept your order. If we accept and process your order where there is a pricing error, we may end the contract and 

refund you any sums you have paid.

13.7 When you must pay and how you must pay. For Individual Licences, Small Business Licences, and Medium Business Licences, we 

accept payment on a Direct Debit basis via payment platform www.stripe.com and payments will be subject to Stripe payment 

terms and conditions. The Subscription Fee applicable for the entirety of a Subscription Term must be paid at the time of order 

and prior to the date of renewal for each Subscription Term. We will provide a receipt of payment for your records at this time. 

For Large Business Licences we will take payment directly from you at the time we agree the order and confirm the Subscription 

Fee, such payment to be made by Direct Debit or other method designated at the time. Payment will then be taken by the same 

method prior to the renewal of any Subscription Term. For any other Additional Services, amounts and/or changes to the 

Subscription Fees, we will take payment at the time of purchase or change either via www.stripe.com or directly from you in 

accordance with this clause. All payments will be made at the time of purchase or in advance of any change, unless at our sole 

discretion we have agreed to increase your regular Direct Debit payment accordingly. We reserve the right to agree any other 

payment processes or prices with you in writing and will invoice you for these if applicable, such invoices to be paid within 30 

days of the date of invoice.

13.8 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on 

the overdue amount at the rate of 5% 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 

judgement. You must pay us interest together with any overdue amount.

13.9 What to do if you think an invoice or payment is wrong. If you think an invoice or payment made is incorrect 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.

14. Intellectual Property

14.1 Our Materials. You acknowledge and agree that we own all intellectual property rights in the Products, Additional Services and 

any other materials or content which we supply or make accessible via the Website, App and/or Academy (‘Our Materials’). 

Except as expressly stated in these terms, we do not grant you or any Users any rights to, under or in, any patents, copyright, 

database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in 

respect of Our Materials.

14.2 All rights confirmed. We confirm that we have all the rights in relation to Our Materials that are necessary to grant all the rights 

we purport to grant under, and in accordance with, these terms and your Licence.

14.3 Your Materials. In relation to any materials you provide in order to receive White Label Products (‘Your Materials’), you:

( ) and your licensors shall retain ownership of all intellectual property rights in the Your Materials; and

( ) grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify the Your Materials 

for the duration of your Licence for the purpose of providing the Products to you.

14.4 Responsibility for Your Materials. You:

( ) warrant that the receipt and use of the Your Materials in the supply of the White Label Products by us, our agents, 

subcontractors or consultants shall not infringe the rights, including any intellectual property rights, of any third 

party; and

( ) shall indemnify us in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or 

consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full 

indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of 

or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged 

infringement of a third party’s intellectual property rights arising out of, or in connection with, the receipt or use of 

the Your Materials in accordance with these terms.

15. Responsibility and liability

15.1 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 or for fraud or 

fraudulent misrepresentation.

15.2 When we are liable for damage to your property. If defective Content which 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 be entitled to elect to repair 

the damage at our cost and, in this event, this will be your sole remedy for such damage. However, we will not be liable for 

damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage 

which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements 

advised by us.

15.3 Consequential loss. Subject to clause 15.1 , we will not be liable to you, whether in contract, tort (including negligence), for 

breach of statutory duty, or otherwise, arising under or in connection with the Contract for loss of profits; loss of sales or business; 

loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or 

damage to goodwill; and any indirect or consequential loss.

15.4 Liability Cap. Subject to clause 15.1, our total liability to you arising under or in connection with these terms and your use of the 

Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to, in any and 

each Subscription Term, the total Subscription Fee and any other fees paid and/or payable by you to us in that Subscription Term.

15.5 Exclusion of warranties. We have given commitments as to performance of the services and provision of the Licences in clause 

4 In view of these commitments, the terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the 

fullest extent permitted by law, excluded from the Contract.

16. How we may use your personal information

16.1 How we may use your personal information. We will only use your personal information as set out in our PRIVACY POLICY.

16.2 User personal information. If you provide any personal information on behalf of a User then you must ensure that you have a 

legal basis for doing so and such sharing of personal information is compliant with the Data Protection Act 2018. To the extent 

that we rely on and process such personal information in provision of the Products to you, you shall indemnify us in full against 

all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of 

reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional 

costs and expenses) suffered or incurred by us arising out of or in connection with any claim brought against us, our agents, 

subcontractors or consultants for actual or alleged breach of this clause 16.2, the Data Protection Act and/or any other applicable 

data protection law relating to the processing of User personal information you share.

17. Other important terms

17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another 

organisation. We will contact you to let you know if we plan to do this.

17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these 

terms to another person if we agree to this in writing.

17.3 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.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses and sub clauses 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.

17.5 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, 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. For example, 

if you miss a payment and we do not chase you but we continue to provide the Products and operate the Account, we can still 

require you to make the payment at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and 

subject to the exclusive jurisdiction of the Courts of England and Wales.