1. The contract between us
1.1 This website is operated and maintained by Flourishing People (referred to below as “we” or “us”). Flourishing People is the trading name of Jacqueline Burke based at 5 East View, Bury St Edmunds, Suffolk IP28 8HU, UK.
1.2 Please read these terms and conditions carefully as they set out how we run the website and supply the goods and services which you may purchase through this website. By clicking the “Accept” button when asked, you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.
1.3 We reserve the rights to change the contents of this website, including these terms and conditions at any time without notice, by posting such changes on the website. It is your responsibility to familiarise yourself with the terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised terms and conditions.
1.4 If you do not accept these terms and conditions, you may not use certain facilities within this website.
1.5 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
2. Access to the website
2.1 We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
2.2 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the service. We will not be responsible for any loss suffered as a result of your failure to do so.
3. Copyright, authors’ rights and database rights
3.1 We grant you a limited licence to access and make personal use of our website, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
3.2 You may not be reproduce, duplicated copy, sell, resell, visit, or otherwise exploit for any commercial purpose without our express written consent this website or any portion of this website.
3.3 All content and software included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Flourishing People and is protected by UK and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Flourishing People and is protected by UK and international copyright and database right laws.
3.4 You may not systematically extract and/or re-utilise parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without our express written consent. You also may not create and/or publish your own database that features substantial parts of this website without our express written consent.
3.5 The Flourishing People logo, page headers, button icons, scripts and service names are the trade dress of Flourishing People. These may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flourishing People. All other trademarks not owned by Flourishing People that appear on this website are the property of their respective owners.
3.6 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Flourishing People without express written consent. You may not use any meta tags or any other “hidden text” utilising Flourishing People’s name or trademarks without our express written consent. Any unauthorised use terminates the permission or license granted by us.
3.7 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any pages of this website as long as the link does not portray Flourishing People, or our products or services in a false, misleading, derogatory, or otherwise offensive matter.
4. Use of products and other rights and restrictions
4.1 We are authorised to produce, distribute and sell any products or services offered on this website. Flourishing People and the appropriate copyright holders retain all rights, title and interest in and to this website, the service and the products including all copyrightable or otherwise legally protectable elements contained therein, together with the selection, sequence, “look and feel” and arrangements of this website.
4.2 This website, the services and the products are protected by intellectual property laws. You may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this website, the services, the products or any part thereof; and you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this website.
4.3 You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Products.
4.4 We respect the intellectual property of others and efforts have been made to identify appropriate copyrights on any materials used. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us immediately and provide to us, in writing, details of your alleged claim.
5. Our liability
5.1 Save as precluded by law, we will not be liable to you or any third party for any indirect, incidental, special, punitive or consequential loss, damage or expenses (including without limitation any loss of materials, interruption of service or wasted expenditure) howsoever arising out of your use of this website, the service and/or the products, even if advised of the possibility of such damages. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid for the products in question. The foregoing limitations shall apply regardless of theory under which such cause of action is brought, whether in contract, tort, warranty or otherwise.
5.2 Whilst we will use reasonable endeavours to verify the accuracy of any information placed on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided without any representation or endorsement made and no warranties are made whether express or implied in relation to the website or any transaction that may be conducted on or through the website.
5.3 This includes but it is not limited to implied warranties of non infringement, compatibility, security, accuracy, conditions of completeness or any implied warranty arising from a course of dealings or usage or trade. No warranty is made that the website will meet your requirements or will be uninterrupted, that response will be timely or error free, that defects will be corrected or that the site or the server is available free from viruses or bugs or represents the full functionality, accuracy or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted to the website.
5.4 Because the website may contain comments and reviews submitted buy users of the website, it is not possible for us to be aware of the contents of each comment or review that is displayed. We will endeavour to remove any content which causes or is likely to cause offence as soon as reasonably practical after we have been made aware of this. So if you believe that any content on the website contains a defamatory statement or other offensive content, please notify us immediately. Once this procedure has been followed, we will make all reasonable endeavours to remove the content complained about within a reasonable time.
5.5 The information contained in the website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the products you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.
5.6 We shall be under no liability in respect of any defect in the products arising from your failure to follow instructions when ordering of the products via the website, your use of the products or your misuse or alteration of the products.
5.7 Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence. Further, some countries and states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusions may not apply to you and you may have other right, that vary from country to country and from state to state.
5.8 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
5.9 We may provide links to certain third party websites. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. We do not warrant or endorse and we do not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
6. Privacy
6.1 You acknowledge and agree to be bound by the terms of our privacy policy, which is incorporated herein by reference.
7. Acceptable use
7.1 You shall not breach or attempt to breach the security of this website or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches. Unauthorised use of this website may give rise to a claim for damages and / or be a criminal offence.
7.2 You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.
7.3 You must not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity or to cause annoyance, inconvenience or needless anxiety. You may also not use the website to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
7.4 Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
7.5 You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content and to block access to any person or entity who in our reasonable opinion has posted material which is in breach of the policies set out in this section.
7.6 If you do post content or submit material, then unless we indicate otherwise, you grant Flourishing People a non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and the right to use the name that you submit in connection with such content, if they choose.
7.7 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you by us, including the execution of deeds and documents, at our request.
7.8 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to the website, the content and material is accurate and use of the content and material you supply does not breach any applicable Flourishing People policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Flourishing People for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
8. Orders
8.1 All orders placed by you through our website will be subject to these terms and conditions.
8.2 All orders shall be deemed to be an offer by you to purchase the products or services. We are under no obligation to accept your order (whether or not the order has been acknowledged).
8.3 We will send you an email to acknowledge receipt of your order; this does not constitute our acceptance of your order. Once payment for the products or services has been received, we will confirm that your order has been accepted.
8.4 Our acceptance of your order brings into existence a legally binding contract between us with respect to such order.
8.5 If there are any problems with your order, we will contact you using the information you provided in your order.
8.6 You are personally liable for any orders that you place and charges that you incur.
8.7 We have made every reasonable effort to display on the website as accurately as possible a description of the products and services.
9. Price and payment
9.1 The price for the products or services that you order will be the price quoted on the website at the date the order is received.
9.2 Please note that we only accept payment in Pound Sterling. If you purchase products or services using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.
9.3 If you are purchasing products or services from within the EU, including the UK, prices include any applicable taxes. If you are purchasing products or services from any other country, including the USA, you will be responsible for paying any applicable sales, use, excise, value added, consumption and other such taxes (at the then-current rate).
9.4 Prices include delivery, unless otherwise stated on the website.
9.5 Payments for online training can be made by credit or debit card. Such payments are not handled by Flourishing People. These payments are handled by VideoTile via PayPal.
9.6 All payments directly to Flourishing People will be by invoice.
10. Delivery
10.1 We aim to deliver your products as soon as possible after you have placed your order. If we cannot deliver products within 10 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the products however caused.
10.2 All deliveries will be dispatched by standard post. You are required to notify us within 14 days if any products are missing or damaged on delivery.
10.3 It is your responsibility to ascertain and obey all applicable local, national and international laws in regard to the possession, use and sale of any products purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
10.4 We shall have no liability to you for any failure to deliver the products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.
11. Your right to cancel
11.1 Some products, such as PDF reports, ordered on this site are custom-made to your specification. Therefore, you cannot cancel your order. For all other orders, you may cancel your order before and up to seven working days after the products are delivered to you provided you notify us in writing that you wish to cancel the order; and if the products have been delivered to you, you will return them to us (at your own cost) in an ‘as new’ condition as they were on delivery.
11.2 If you cancel an order in accordance with the procedures at paragraph 11.1, we will (at your request) either exchange the product or refund the amount you have paid. Refunds will be credited to you using a payment method to be determined by us which may differ from the payment method used to make the original purchase.
11.3 Until you return the products to us you are responsible for their safe keeping and taking reasonable care of them. It is your responsibility to package the products adequately and safely, as we do not accept liability for packages damaged during transit back to us.
12. Cancellation by us
12.1 We reserve the right to cancel any order (or any part of the order) if for any reason the products ordered by you are no longer available or are withdrawn by the authorised licensees or the copyright owners; or cannot be supplied to you in the country where you reside; in which event we will notify you by email and refund any payments you have made for that order or that part of the order.
12.2 We endeavour to make sure that all prices advertised on the website are correct, However, if we discover that the products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order we will refund any payments made.
12.3 We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
12.4 We may terminate or suspend your use of and registration on this website at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.
12.5 We reserve the right to modify, suspend or discontinue this website, or any products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
12.6 You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this website, or any products.
13. Limited express warranty for defective products
13.1 All products supplied by us will be free from material defects and be of a satisfactory quality.
13.2 If the products are materially defective or incorrect on delivery, we shall have no liability to you unless you notify us of the problem by email within 14 days from the date of delivery.
13.3 If you notify a problem to us we will make good any shortage or non-delivery; or replace any products that are materially defective or damaged; or where products cannot be made good or replaced, refund you the amount paid by you for the products in question. Refunds will be credited to you using a payment method to be determined by us which may differ from the payment method used to make the original purchase.
13.4 We ask that you return the damaged or faulty products to us and we will reimburse your postage costs provided you send to us your supporting receipts.
13.5 The remedies set out above constitute your only remedies, and our sole and exclusive obligations to you, with respect to any damaged or faulty products.
13.6 This website, and the products are provided on an “as is” and “as available” basis. The express warranties stated above are in lieu of all other warranties, express or implied or statutory, including without limitation any implied warranties of merchantability or fitness for a particular purpose and any warranty of non-infringement. The company does not warrant that this website, the service or the products will be uninterrupted or secure, or that this website, the service or the products will be free of viruses or other harmful components. We make no representations or warranties as to the timeliness, accuracy, completeness or reliability of this website, the service or the products.
14. Third parties
14.1 Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
15. Severance
15.1 If any part of these conditions shall be deemed unlawful, void or for an reason unenforceable, then that provision shall be deemed to be severable from the remainder of these conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
16. Survival
16.1 Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of these provisions is held to be inapplicable or unenforceable in any circumstances.
17. Governing law and jurisdiction
17.1 These conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
17.2 Any claim or cause of action against us arising out of or related to use of this Website, or the Products or otherwise under these terms and conditions must be filed within one year after such claim or cause of action arose.
17.3 This website is intended for residents of the UK. We make no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of Flourishing People to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.
18. Communication
18.1 When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18.2 If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this website. This condition does not affect your statutory rights.
18.3 All written communications with Flourishing People should be directed to: Flourishing People, 5 East View, Bury St Edmunds, Suffolk IP28 8HU, UK or by email to jacqui@flourishingpeople.co.uk
19. Privacy
Please read our Privacy Policy here…