Terms and Conditions of contract between yourself and BIZBOM LTD
BIZBOM LTD trading as ‘BIZBOM’
Version ; posted and effective as of 04.06.20
What these terms cover
These terms will apply to any contract between us for the sale of products and services to you and will be referred to as ‘the contract’.
If you buy a product or service from this website you are entering into a contract with BIZBOM LTD for the supply of the products and/or services (unless stated otherwise when purchasing a service).
Why you should read them
Please read these Terms carefully before you submit your order to us. These tell you who we are, how we will provide a service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
Before you place an order on our site you will be asked to click on the button marked “I Accept” to indicate that you accept these terms. If you do not accept these Terms, you will not be able to order any products or service from this website.
You should print a copy of these Terms for future reference.
These Terms, and any Contract between us, are only in the English Language.
1. Information about us and how to contact us
1.1. This website is owned by and operated by BIZBOM LTD, a company registered in England and Wales under company number: 11831753 and with registered office 22 Stancombe View, Winchcombe, Cheltenham, Gloucestershire, GL54 5LF, United Kingdom. Our VAT number is 321 7330 39.
1.2. To contact us, please see our Contact us page at https://www.bizbom.com/contact. Our offices will assist you with any contract related questions and is open Monday to Friday between 9.00am and 5.00pm, except public holidays.
1.3. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your details.
2. Use of this website
2.1. You may use our site only for lawful purposes. You may not use our site:
2.1.1. in any way that breaches any applicable local, national or international law or regulation.
2.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
2.1.3. for the purpose of harming or attempting to harm minors in any way.
2.1.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in paragraph 6.
2.1.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
2.1.6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers,
spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2. You also agree:
2.2.2. not to access without authority, interfere with, damage or disrupt:
220.127.116.11. any part of our site;
18.104.22.168. any equipment or network on which our site is stored;
22.214.171.124. any software used in the provision of our site;
126.96.36.199. or any equipment or network or software owned or used by any third party.
2.4. Your use of this website is governed by our Terms of Website Use below. Please take the time to read these, as they include important terms which apply to you.
2.5. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.6. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.9. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.10. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
2.11. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.12. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
2.13. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3. Placing an order
3.1. You may only purchase services or products from this website if you:
3.1.1. Provide your real name and correct address, phone number, email address, payment details and other required information;
3.1.2. Are at least 18 years old;
(Note that we are unable to provide a service to prisons and as an anti-fraud measure, we may only accept payments from your companies registered address or ‘person of authorities’ home address as used to verify your credit/debit card and if applicable for your Network credit check);
3.1.4. Are the owner or authorised holder of a valid debit/credit card to purchase the product(s) or Services if paying with a debit/credit card; and
3.1.5. Are registered with a payer authentication scheme such as Verified by Visa and/or MasterCard Secure Code (“Payer Authentication Schemes”) if paying with a Visa or MasterCard.
3.2. You may only purchase Services from BIZBOM if you meet their eligibility criteria (which may include providing adequate proof of your identity and satisfying the credit checking requirements).
Note however that our offices may, when contacted by phone, ask for personal details provided in your order to verify your identity.
3.4. When you create a ‘coach’ account you will also create a coach user identification (your email address) and password. You must keep your password safe at all times and not disclose it to anyone else, as you are personally responsible for each purchase made using your user identification and password.
4. How the contract is formed between you and us
4.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract for the sale of products will come into existence between you and us.
4.2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.3. After you place an, order, we will send you an acknowledgement e-mail (known as “Order Confirmation” and/or “Acknowledgement”) with your order number and details of the product(s)/service(s) you have ordered.
4.5. If we are unable to supply you with a service, for example because that service is not acceptable in your location or because of an error in the price as referred to below, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products/services, we will refund you the full amount as soon as possible.
4.6. If you place an order for products and/or services and the credit checker declines your order for Services because you do not satisfy the credit checking requirements or the credit checkers refuses to enter into a Service Contract with you for some other reason and we are unable to alter this decision we may cancel your order for services. If we choose to cancel your order, we will let you know about this by email and/or telephone.
4.7. In certain instances, we may request additional proof/s of identity and/or a deposit payable to allow the contract connection to be accepted.
4.8. Should the products and/or Services not be available, within 30 days of the Order Confirmation, we reserve the right to cancel your order and refund any payment made by you in full as soon as possible.
5. Accepting payments for your clients
5.1. When your account is live, members of our website that posses a ‘Standard Account’ are able to request to book available sessions with yourself. Once you have accepted the booking, the clients will be asked to pay for the session (unless stated otherwise).
5.2. The client will pay through our online portal and we are acting as a middle party between yourself and your client.
5.3. In order to accept payments, you must provide us with active bank account details when setting up your account to allow you to receive payments (this is strictly your responsibility).
5.4. A small booking fee will be added to the total to compensate for the credit and debit card/or transaction.
5.5. Once the client’s payment has been confirmed we will hold the money for a minimum of 24 hours, unless otherwise started.
5.6. If a client cancels within 24 hours, a 50% refund will be issued to them, the remaining 50% will go to you (unless an altered cancellation policy is made).
6. Our right to make changes or vary these Terms
6.1. We may change our terms:
6.1.1. to reflect changes in relevant laws and regulatory requirements; and
6.1.2. to reflect changes in the manufacturer’s specification or example to implement minor technical adjustments and improvements for example to address a security threat. We will endeavour to make sure that these changes will not reduce the quality or performance of such product.
6.2. More significant changes to the products and/or services. Where you have ordered products and/or services and there are significant changes to the product/service that you have ordered we will let you know in advance to ensure that you still want to proceed with your order and if you do not wish to proceed you may then contact us to end the contract and receive a refund for any products paid for but not received:
Every time you order products from us, the Terms in force at that time will apply to the contract between you and us.We may vary these Terms from time to time. Unless you have placed an order for products, we do not have to notify you of any changes to the Terms. The Terms that will apply to any order you make for products are the Terms that you accept at the time you place your order.
7. Prices, extra charges and taxes
7.1. The price charged for a service will be the price quoted on our website at the time the order is placed and will be set out in the Order Confirmation. We take all reasonable care to ensure that the prices for products/services are correct at the time when the relevant information as entered onto the system. However, occasionally we may make a mistake in the price quoted on our website or in an advertisement and if we have made such an error, then we will inform you of this as soon as we become aware of it and will tell you the correct price. If we discover an error in the price of the product(s)/services you ordered:
7.1.1. Where the product’s correct price is less than the price on this website, we will charge the lower amount when dispatching the products to you; and
7.1.2. If the product’s correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product(s) at the correct price or cancelling your order.
7.2. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
7.3. We may change prices at any time and without notice. Price increases will only apply to orders placed after such changes.
7.4. Prices for the products include VAT or other applicable taxes but do not include charges for additional services.
7.5. Separate charges for delivery, handling and their related VAT or other taxes will be shown when you place your order. The Order Confirmation and Order Despatch provide proof of applicable delivery, handling and tax charges.
8. Products, Services, availability and delivery
8.1. Products or services may vary slightly from their pictures. The images of the products or services on this website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all weights, sizes, capacities, dimensions and measurements quoted on our website are approximate.
8.2. We may withdraw the product. We may write to you to let you know if we are going to stop providing a product and/or service that you have ordered. We will endeavour to let you know promptly in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
8.3. Delivery costs. The costs of delivery will be as displayed to you on our website.
8.4. When we will provide the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date or to agree a delivery date.
8.5. We are not responsible for delays outside our control. If our supply of the products and/or service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.6. If you order any personalised products, the manufacturing time for such personalised products is added to the delivery time of the selected delivery option. There may also be reasons for us to re-schedule your order in case the product(s) cannot be delivered on the estimated delivery date. In that case we will contact you to discuss a revised delivery date.
8.7. We will complete delivery when we deliver the products to the address you gave us.
8.8. The products will be your responsibility from the time we deliver the product to the address you gave us.
8.9. Unfortunately, we currently do not deliver to addresses outside the mainland United Kingdom. You may place an order for products from outside the mainland United Kingdom, but this order must be for delivery to an address in the mainland United Kingdom.
8.10. We encourage you to examine the delivery package and received products within a reasonable period of time after they are delivered to you and check their condition and that the delivery package is unopened and the content of the delivery package is complete. It is your responsibility to notify us as soon as possible, that packaging has been damaged in transportation, or the delivery is incomplete. For information on our returns policy see clause 14 below.
8.11. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will provide you with information on how you can rearrange delivery or arrange to collect the products from a local collection point.
8.12. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a collection point we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 14 will apply.
9.1. It is your responsibility to ensure that the products and/or services you purchase are compatible for their intended use. Where a Service is ordered we recommend that you check that you are sure that it works appropriately for you and your needs (it is not our responsibility to do this).
10.1. Payment by credit/debit cards shall be made by a credit or debit card approved by us as indicated on this website. You must supply your payment card details when you place your order. If Direct Debt is accepted, then you must supply appropriate bank details, if these are not correct the product/service will not be accessed by yourself. If your bank details become invalid while still in a contract with us, your service will be cancelled until your payment details are corrected.
10.2. Your payment card will be charged at the time of order for the full purchase price. Should your order be cancelled, or subsequently returned following our returns process, then a full refund will be applied to your card. Please allow 3-5 working days for this refund to show.
10.3. In the case of an order with no purchase price, we may perform a £2.50 deferred transaction (shadow payment) to validate the credit or debit card before an order is placed. Once an order is placed, we will ‘Abort’ the transaction of £2.50, and no money would have been physically removed from the customer’s account.
10.4. A deferred payment means that the card details are checked and a “shadow” is placed on your account – this means that you cannot spend those funds elsewhere, and again, you would see a differing “available balance” on your bank account.
10.5. Unlike immediate payments, deferred transactions are not sent to the bank for completion the following morning. And they won’t be unless we manually “release” them.
10.6. At any point within this time we can “release” these funds (meaning we can give the Bank an instruction to say ‘the order has now completed and we now wish to take the full some of money from your bank account and place it in to our own’) We can, if we wish, also abort the transaction instead of releasing it, so that you are not charged and no money is ever physically removed from your account.
10.7. The “shadow” on your bank account will remain for up to 30 days regardless of whether or not the order is fully complete. If the order does not complete, after a 30-day period the transactions are automatically aborted and you will be given access to the full funds in your account.
10.8. In the case of an unsuccessful transaction, we can send an instruction to the back to abort the shadow payment, releasing the payment back to you within 3 to 5 working days. We do not have a mechanism to expedite this time frame.
VAT/tax invoice delivered to you by us either electronically or in the delivery package can also be used as proof of purchase.
10.9. We may use Verified by Visa and MasterCard SecureCode to provide additional security checks when processing your order. If you decline to
register with either of the above Payer Authentication Schemes when prompted, we reserve the right to decline your order.
10.10. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
11. Title to products and services
11.1. We retain full legal title to products and services until we have received in full all amounts due on the ordered products, including all applicable delivery charges, or the monthly payment for a services.
11.2. A service is never owned by you. Your monthly payments simply allow your use of our service for the monthly period until/unless it is renewed or cancelled.
11.3. We reserve the right (subject to the applicable law) to end your right to use, sell, or otherwise deal in the products and to enter your premises and repossess the products (or instruct a third party to do so), if payment is not made, or if the debit/credit card company declines payment or requires us to return any payment made for the products, for any reason.
12. Communications between us
12.1. When we use the words “writing” or “written” in these terms, this includes emails.
12.2. To cancel a Contract in accordance with your legal right to do so as set out in clause 13, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to the address set out in clause 1. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you receive a notification back confirming your cancellation.
12.3. If you wish to contact us for any other reason, you can write to us by e-mail at email@example.com or by post to BIZBOM LTD to the address set out in clause 1. You can always contact us using our Customer Services telephone number of 01242 898393
12.4. If we have to contact you or give you notice in writing, we will do so by e-mail, by post or by a phone, if you provide us with your number.
12.5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Your right to end the contract
13.1. You can always end your contract with us. You have the right to end your contact at any time, at which point once your 30 day contact ends it will not be renewed. For example, if you start a contact on the 1st January, and cancel on the 10th January, your service will end on the 30th January and not renewed.
13.1.1. If what you have bought is faulty or misdescribed you of course have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clauses 14.5,14.9 – 14.12 inclusive and 17;
13.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see Clause 13.2;
13.1.3. In all other cases (if we are not at fault and there is no right to change your mind), see Clause 13.6.
13.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
13.2.1. we have told you about an upcoming change to the product/service or these terms which you do not agree to (see Clause 6.2);
13.2.2. there is a risk that supply of the product/service may be significantly delayed because of events outside our control;
13.2.3. we have suspended supply of the product/service for technical reasons, or notify you we are going to suspend them for technical reasons; or
13.2.4. you have a legal right to end the contract because of something we have done wrong.
13.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
13.4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
13.4.1. any made-to measure or custom-made products or service
13.4.2. digital products after you have started to download or stream these;
13.4.3. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
13.4.4. any products which become mixed inseparably with other items after their delivery.
13.4.5. if you have used a trial period for a product or service, you have the right to end the contract at any time but you are not intitled to a refund for the past 30 days.
13.5. How long do I have to change my mind? You have 7 days after the day you (or someone you nominate) receives the products, unless:
13.5.1. Your products or service are for regular delivery over a set period. In this case you have until 7 days after the day you (or someone you nominate) receives the first delivery of the products.
13.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 14), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the product or service is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
14. How to end the contract with us (including if you have changed your mind)
14.1. To cancel a contract, please contact us by sending an email to firstname.lastname@example.org or by contacting our offices. We will then send you by email, to the address that you provided, confirming your cancellation and the next steps.
14.2. Once cancelled, you will no long have access to our online service.
14.3. If you have a product from us, we will pay for the return and redistribution under the following circumstances.
14.3.1. if the products are faulty or not as described;
14.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing (that is to your disadvantage) or description, a significant delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
14.3.3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
14.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
14.5. Some minor faults can be rectified by a simple download of the latest release of the manufacturer’s operating software and our customer service team can advise on this and the best course of action.
14.6. Please note that in order for us to accept your cancellation where you have changed your mind it must meet the following criteria:
14.6.1. Must be in a resalable condition and undamaged.
14.6.2. Must be in its original box and packaging which must remain undamaged
14.6.3. Must be returned with its original charger (if present), and all other in box accessories that it was delivered with
14.6.4. Must be returned with any gift you may have received as a result of the contract
14.6.5. Must have pin locks or passcodes removed
14.7. Returning Gifts:
14.7.1. The gift must be unopened and unused in order for us to accept the mobile phone cancellation
14.7.2. The gift must be in its original undamaged packaging along with any associated accessories
14.8. If any of the above criteria is not met then we may not accept your product back for cancellation.
14.9. For any products or services which are faulty we understand that some of the above criteria may not be met and we will do our best to offer a like for like exchange within the 30-day exchange period. For any faults outside of 30 days you could be covered by your manufacturer warranty, and should contact the relevant points of contact depending on the product or service, such as Stripe.
14.10.1. Once we have received and validated your returned products, we will confirm this to you by email.
14.10.2. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 30 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 14.12.1.
14.10.3. Your refund will be credited to your payment card/account as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation and confirmed by email (“Order Refunded” email).
14.10.4. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
14.10.5. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. Use would include, for example, using the products to make or receive a call, sending or receiving SMS/MMS, accessing the internet via the product, using the functions of the product for example amending settings, saving data, adding contacts, taking photos or using applications. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount up to the full cost of the product.
14.10.6. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
14.10.7. Please note that we will only process returns and refunds for products bought on this website. If you bought products through some other distribution channel, such as from another website, a network or a retail store or catalogue, please follow the applicable seller’s product return policy.
15. Our right to end the contract
15.1. We may end the contract if you break it. We may end the contract for service at any time by writing to you if:
15.1.1. you do not make any payment to us when it is due. If no payment is collected the service will terminate immediately, this includes if there insufficient funds in the account.
15.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products/service;
15.1.3. you do not, within a reasonable time, allow us to deliver the products/service to you or collect them from us.
15.2. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 15.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
16. Disconnection of service
16.1. If you have returned a product supplied and connected to our Network pay monthly contract service, we will upon receipt of the returned handset (within the period specified in our return policy), arrange for the network to disconnect the airtime service.
17. Warranties for the products or if there is a problem with the product
17.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01242 898393 or write to us at email@example.com
17.2. Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
17.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
17.4. In case you have purchased an extended warranty or warranty insurance for products for which such warranty is applicable please refer to those terms and conditions.
18.1. Automatic cashback will be paid directly into your bank account within 90 days. There is no need to do anything, the funds will be automatically sent to your account from us and you will receive an email as soon as the payment has been made. The contract must be active for 90 days for the automatic-cashback to be accepted, therefore if you cancel before this deadline, your automatic cashback will become void.
18.2. How to claim cash back:
18.3. We offer cash backs and discounts with selected deals on our website – The cash back is shown as a discount to the standard monthly payment by dividing the cash back amount over the initial contract duration of the airtime agreement. For example; a £36 cash back, or discounted payment on contact would reduce the standard payment by £3 per month (over a year).
18.4. If your deal includes cashback or discounts this will be shown on the confirmation email sent immediately following a successfully completed order.
19.1. We might offer gifts with selected deals on our website over the year. If your contract with us includes a gift, then the following terms will apply to your contract with us.
19.2. Your gift will be despatched separately to your mobile phone directly from our gifting supplier. Allow up to 15 days for delivery before contacting us.
19.3. If you cancel your contract you will no longer be eligible to receive the gift and if you have already received the gift you must return it to us in as good a condition as it was in when you received it, with its original packaging. If you have already used the gift or it is damaged and the damage is your fault, or if you do not return the gift to us then you must pay us a sum equal to the full value of the gift when new and selling at full price.
19.4. We reserve the right to substitute the gift offered with a similar gift at the same or higher value as the gift offered.
19.5. No cash alternatives will be offered.
19.6. Your gift may come with a manufacturer’s warranty. If it does, it is your responsibility to contact the manufacturer or visit the manufacturer’s website to register your gift for the warranty.
20.1. There is no insurance with this contact, please seek insurance elsewhere.
21. Circumstances beyond our reasonable control
21.1. We will use reasonable efforts to perform our obligations under this Contract; however, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by an event outside our control.
21.2. An event outside our control means any act or event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If any of our suppliers fail to perform, we are not liable for this.
21.3. If an event outside our control takes place that affects the performance of our obligations under a Contract:
21.3.1. we will contact you as soon as reasonably possible to notify you; and
21.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will try to arrange a new delivery date with you after the event outside our control is over.
22. How we use your personal information
22.1. We only use your personal information that are GDPR compliant, and will not hand over information to any third parties unless requested or stated.
23. Our liability
23.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
23.2. This does not include loss of earnings to a coach or client, as earnings can still be made elsewhere through other routes.
23.3. We do follow the Consumer Protection Act 1987, please refer to this.
24. Other important terms
24.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
24.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of the warranty in clause 17 to the recipient of the gift without needing to ask our consent.
24.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a product will have the benefit of the warranty at clause 17, but we and you will not need their consent to cancel or make any changes to these Terms.
24.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.5. 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, we can still require you to make the payment at a later date.
24.6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
25. Content standards
25.1. These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
25.2. Contributions must:
25.2.1. be accurate (where they state facts);
25.2.2. be genuinely held (where they state opinions);
6.2.3. comply with applicable law in the UK and in any country from which they are posted.
25.3. Contributions must not:
25.3.1. contain any material which is defamatory of any person;
25.3.2. contain any material which is obscene, offensive, hateful or inflammatory;
25.3.3. promote sexually explicit material;
25.3.4. promote violence;
25.3.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
25.3.6. infringe any copyright, database right or trade mark of any other person;
25.3.7. be likely to deceive any person;
25.3.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
25.3.9. promote any illegal activity;
25.3.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
25.3.11. be likely to harass, upset, embarrass, alarm or annoy any other person;
25.3.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
25.3.13. give the impression that they emanate from us, if this is not the case;
25.3.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
26. Our site changes regularly
26.1. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We may suspend access to our site, or close it indefinitely. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Although we make reasonable efforts to update the information on our site, we make no representation, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
27. Our liability
27.1. Whether you are a consumer or a business user:
27.1.1. 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 and for fraud or fraudulent misrepresentation.
27.1.2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of Sale above.
27.2. If you are a business user:
27.2.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
27.2.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
188.8.131.52. use of, or inability to use, our site; or
184.108.40.206. use of or reliance on any content displayed on our site.
27.2.3. In particular, we will not be liable for:
220.127.116.11. loss of profits, sales, business, or revenue;
18.104.22.168. business interruption;
22.214.171.124. loss of anticipated savings;
126.96.36.199. loss of business opportunity, goodwill or reputation; or
188.8.131.52. any indirect or consequential loss or damage.
27.3. If you are a consumer:
27.3.1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes,
and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
27.3.2. If defective digital content that 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 either repair the damage or pay you compensation. However, we will not be liable for damage that you could have
avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow
installation instructions or to have in place the minimum system requirements advised by us.
28. Transactions concluded through our site
28.1. Contracts for the supply of our products formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Sale above.
29. Uploading material to our site
29.1. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
29.2. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
29.3. If you wish to complain about information and materials uploaded by other users please contact us.
29.4. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in paragraph 25.
29.5. Any offensive content uploaded and found, will be removed immediately and reported to the correct authorities. We do not accept any responsibilities for other members content on out site.
30. Viruses, hacking and other offences
30.1. We do not guarantee that our site will be secure or free from bugs or viruses.
30.2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
30.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
30.4. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
31. Linking to our site
31.1. You may link to our home page or any particular page on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
31.2. You must not establish a link from any website that is not owned by you.
31.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards in paragraph 25.
31.4. If you wish to make any use of material on our site other than that set out above, please address your request to www.bizbom.com
32. Suspension and termination
32.1. We treat any failure to comply with these terms as serious. If you break these terms through your use of our site, we may take such action as we deem appropriate, this may include taking one or more of the following actions:
32.1.1. Immediate, temporary or permanent withdrawal of your right to use our site;
32.1.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
32.1.3. Issue of a warning to you;
32.1.4. Legal proceedings against you for reimbursement of all our costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
32.1.5. Further legal action against you;
32.1.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
32.2. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
32.3. Jurisdiction and applicable law
32.3.3. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. Some of the services offered through our site may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom.
33. Stripe Contract
33.1. It is also important to note that as a customer of ours with an account, you also must abide to all ‘Stripe’ regulations and policies while having an account with us (please refer to Stripe’s regulations and policies).
33.2. A small booking fee is added to cover the costs of taking the booking using Stripe, these may vary.
33.3. Any clients of coaches that pay for a session through us will be using ‘Stripe’, therefore must abide by all their regulations and policies when booking with a coach (please refer to Stripe’s regulations and policies).
33.4. All payment disputes must be dealt with via the coach using Stripe, but we are always able to aid customers in the case of any disputes.
35. Your concerns
35.1. If you have any concerns about material which appears on our site, please contact us via email: firstname.lastname@example.org or our office.