Terms and Conditions – last updated November 2023

TERMS AND CONDITIONS Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.


Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Kieran Rose and Michelle Rose trading as KMR Training and Consultancy of 7 Balfour Gardens, County Durham, DH8 5JL with email address michelle@theautisticadvocate.com; (the Supplier or us or we).
  2. These are the terms on which we sell all online products to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
    Interpretation
  3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
  4. Contract means the legally-binding agreement between you and us for the supply of the Services;
  5. Delivery Location means online access to the Supplier’s online school or other location where the Services are to be supplied, as set out in the Order;
  6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
  8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
  9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
  11. Website means our website www.theautisticadvocate.com on which the Services are advertised.
  12. Services
  13. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the content supplied.
  14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
    Customer Responsibilities
  15. When registering to use our online school you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
  16. We retain and use all information strictly under the Privacy Policy.
  17. We may contact you by using e-mail or other electronic communication methods.
    Basis of Sale
  18. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  20. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order ( Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
  21. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
    Fees and Payment
  23. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
  24. We are not VAT registered in the UK. Should you need to pay sales tax our online school provider (Teachable.com) determine that from the address you provide and add it to the final price of your order. Teachable then remits the sale tax to your local, relevant authority. We do not receive your sales tax.
  25. You must pay by submitting your credit or debit card details with your Order .
  26. We will deliver the Services immediately (via access to our online school platform). Please check your junk email folder for details if you haven’t received an email from us (and email michelletheautisticadvocate.com if you require advice.
  27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  28. We offer our online training courses internationally.
  29. You do not own the content within the online training; it remains our intellectual property and, as such, you cannot copy it or share it.
  30. You are not authorised to share any parts of the contents of the Order (i.e. the online training); even if you if it is a ‘free’ product. Access requires creation of an account and is only available to people with an account with our online training platform.
    Withdrawal , Returns and Cancellation
  31. As the goods are delivered immediately we do not offer refunds of online training. We are willing to be flexible for up to 30 days if you have not accessed any of the training material you purchased. If you accessed any of the material within 30 days we reserve the right not to offer you a refund.
  32. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg via email). In any event, you must be able to show clear evidence that you have not accessed the online training (in whole or in part) when the cancellation request was made. .
  33. We will supply the Services with reasonable skill and care.
  34. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later). Duration, Termination and Suspension
  35. Privacy
  36. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  37. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://theautisticadvocate.com/privacy-policy/) and Cookies Policy (__).
  38. For the purposes of these Terms and Conditions: ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR. ‘GDPR’ means the UK General Data Protection Regulation. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  39. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  40. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
  41. For any enquiries or complaints regarding data privacy, you can e-mail: michelle@theautisticadvocate.com.
    Excluding Liability
  42. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession. Governing Law, Jurisdiction and Complaints
  43. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  44. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  45. We try to avoid any dispute, so we deal with complaints as follows: If you have a complaint about an online training course please email us at michelletheautisticadvocate.com. Attribution
  46. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb /en). Model Cancellation Form To Kieran Rose trading as KMR Training and Consultancy 7 Balfour Gardens County Durham DH8 5JL Email address: michelle@theautisticadvocate.com

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