Terms and Conditions
Terms & Conditions
These are the Terms and Conditions of Calum Kirkness Limited a company registered in Scotland under number SC234380 whose registered office is 5 Jib Park, Finstown, Orkney, KW17 2HJ and which is also the company’s normal place of business.
These Terms and Conditions form part of and govern the terms of the Special Order Form. Where applicable capitalised terms used overleaf in the Special Order Form apply to these Terms and Conditions. In these Terms and Conditions, “we” or “us” means Calum Kirkness Limited and “you” means the customer, details of whom are set out overleaf in the Special Order Form.
- 1 Calum Kirkness Limited is the provider of training programmes, courses and products as detailed on its website www.calumkirkness.com (“Training Programme(s)”) and any Ancillary services or products supplied under this contract.
- 2 By signing the Special Order Form, you agree that the Special Order Form including these Terms and Conditions forms a legally binding agreement between you and us (“Agreement”).
- 3 In consideration of the provision of the Training Programme and any ancillary services or products promoted by us you shall pay the Price in full on the signing of the Special Order Form by you, unless we have agreed that you may pay by instalments in which case the provisions of clause 4 shall apply.
- 4 If we have agreed that you may pay the Price by instalments, you must pay each instalment to us in full in accordance with the instalment arrangements set out in the Special Instructions section of the Special Order Form. If your credit card details have been taken, we will automatically collect payment from that credit card on the dates specified in the Special Instructions section of the Special Order Form and you irrevocably authorise us to do so.
- 5 If you fail to pay any instalment on its due date then all monies owing by you to us shall become due and payable forthwith without set-off, deduction or counterclaim and without prejudice to our right to terminate this Agreement without further notice to you whereupon you will forfeit any rights accrued under this Agreement.
Information to be Provided
- We must provide you with the information relating to the Agreement for our services required in accordance with Schedules 1 and 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; this information is set out in these Terms and Conditions and on the Special Order Form.
Notice of Consumer’s Right to Cancel
- 7 If you place an order as part of your trade or profession or if you and we have signed this Agreement at our normal retail premises, it is legally binding and effective immediately.
- 8 If you choose to leave a course, you will be liable for the fees for the whole course.
- 9 The cancellation procedure set out in this form applies to all transactions unless precluded by Law. In cases where the client purchases the training programme in person at our business premises, (Calum Kirkness, 5 Jib Park, Finstown, Orkney, KW17 2HJ) the client shall have no right of refund upon cancellation of any order.
- 10 We will give you a copy of this signed Agreement either on paper or by email within a reasonable time after the Agreement is signed but in any event before we start a Training Programme.
- 11 No variation of this Agreement can be made unless the variation is agreed by you and us in writing and signed by each of us. Each variation to the agreement will incur an administration charge of £250.
Refunds & Cancellation by Us
- 12 We reserve the right to cancel and/or postpone the Training Programme at any time, including once the Training Programme has commenced, if we consider it necessary to do so for any reason. Where possible, we will reschedule the Training Programme, but if we cannot do so or if you (or a substitute) cannot attend the Training Programme as it may be rescheduled, the Price will be refunded to you in full within 30 working days of us giving you notification of the cancellation or postponement of the Training Programme. We shall have no further liability to you in respect of any cancellation or postponement, and in particular, we do not accept liability for any travel expenses or costs incurred even if a course is cancelled at short notice.
- 13 We reserve the right to make non-material changes (i.e. not changes contemplated by clause 16 above) to the Training Programme, including but not limited to changes to the itinerary, speakers/presenters, venue and times of the Training Programme, at any time and without notice to you. You will not be entitled to a refund of the Price (in whole or in part) if we make any such changes.
- 14 We reserve the right to request any person to leave the Training Programme where we reasonably consider that person is responsible for unreasonable, destructive or threatening behaviour towards staff, other attendees or the premises at which the Training Programme is held. In such cases our decision is final and if you are asked to leave in such circumstances you will not be entitled to a refund of the Price or of any part of it.
- 15 We may terminate this Agreement for any reason with immediate effect by giving written notice to you. If termination by us occurs prior to commencement of delivery of the Training Programme we will refund payments made by you up to the date of our termination.
- 16 We deliver Training Programmes of varying descriptions. We deliver training, training days and ongoing support. Training is delivered to you when any training day requiring physical attendance commences. Online or offline training is delivered to you as soon as you receive the material comprising the Training Programme.
Ownership of Training Programme Materials
- (a) You acknowledge and agree that the ownership of all Training Programme materials and the intellectual property (including without limitation copyright, patents, design right (whether registered or unregistered), registered and unregistered trade marks and service marks, know-how, processes and rights in inventions or ideas) comprised in those Training Programme materials belongs to and remains owned by us at all times.
- (b) Some speakers involved in Training Programmes are independent contractors and retain ownership of the intellectual property rights in their materials although we are permitted by them to deliver Training Programmes using their materials.
Limitation of Liability
- 18 The Training Programme will follow and build upon elements of the relevant course, as detailed on our website or in publications we publish from time to time; however, we make no warranty concerning the exact content of the Training Programme or the effects of the implementation of any elements of the Training Programme by you. Accordingly, we accept no liability in relation to any loss of profit, revenue, business or anticipated savings, indirect, special or consequential loss suffered by you howsoever caused (including without limitation in contract or tort).
- 19 To the extent we are legally able to do so, we:
(a) exclude all terms, conditions and warranties implied by custom and the general law or statue; and
(b) limit our liability to you for any claim (whether arising under contract, tort or otherwise) for loss or damage suffered by you to the Price actually paid by you under this Agreement..
- 20 We shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control, including but not limited to: strikes riots, terrorism, acts of God or any law or action taken by a government or public authority. In such circumstances we shall be entitled to a reasonable extension of the time for providing the Training Programme. If the period of delay or non-performance continues for six weeks, either party may terminate this Agreement by giving 14 days’ written notice to the other party.
Exclusion of Liability for Independent Contractors
- 21 Where materials comprising all or part of any Training Programme delivered by us belong to the speaker in accordance with clause 19(b) above, any licensing of the use of such materials to you by the speaker after the conclusion of any Training Programme is not our responsibility. Any issues that may arise from use of such materials after the Training Programme is entirely the responsibility of the speaker concerned and we accept no liability for any claim you may make based on the use of such speaker’s materials after the Training Programme has concluded.
- 22 You alone are responsible and accountable for your decisions, actions and results in life, and by registering for our Seminars or Program's, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services, and you specifically release Promoter, Andy Harrington, or our representatives or contractors from liability for any special or consequential damages that result from the use of, or the inability to use, the information or strategies communicated through our Seminars, Programs, materials, websites, or any services provided prior to or following this Program, even if advised of the possibility of such damages or caused by negligence of the Promoter or its representatives. Buyer hereby accepts all risk to his or her business.and health excluding personal injury or death that may result from the Promoter's negligence whilst the Buyer has been participating in the Seminar and Program.
- 23 Note that events are not residential and do not include accommodation or food and beverages unless stated.
- 24 By law, we can only guarantee your satisfaction with our training, not your results. Our Seminars and Programs are for your educational and informational purposes only. As stipulated by law, we make no guarantees that you will do well, achieve any results or make any money from our information, and we offer no professional, legal, therapeutic, or financial advice. Our training cannot replace or substitute for the services of certified professionals in any field, including, but not limited to, financial, health, or legal matters. We do not purport anything we do or teach as a "get rich scheme," and any financial numbers outlined in our training are examples, opinions and illustrations, and thus should not be considered average earnings, exact earnings, or promises for your actual or future performance. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your or anyone's future success or results. Check with your accountant, lawyer or professional advisor, before acting on this or any information.
- 25 Except where otherwise stated in these Terms and Conditions, all notices or other communications must be sent to the address specified in the Special Order Form.
- 26 Any failure to exercise or delay in exercising any power or right by a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it. Any waiver must be in writing and signed by the party which is waiving the right or power.
- 27 Each of these Terms and Conditions is to be construed as independent of every other term so that the invalidity, illegality or unenforceability of any term shall not affect the other terms, all of which will remain in full force and effect.
- 28 This Agreement may not be varied except in writing signed by both parties.
- 29 This Agreement constitutes the entire agreement between you and us and cancels and supersedes any and all previous agreements (whether oral or written, express or implied) between you and us relating to the subject matter of this Agreement. Except for the express written terms of this Agreement, the parties acknowledge and agree that in entering into this Agreement they have not relied on or been induced by any warranty, statement or representation of the other or any other person relating to this Agreement. Nothing in this Agreement shall affect any liability of a party for fraudulent misrepresentation.
- 30 Where there is a conflict between the Special Order Form and these Terms and Conditions the Special Order From shall prevail.
- 31 No term of this Agreement is intended for the benefit of any third party, and none of these terms shall be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 32 This Agreement shall be governed by the laws of England and Wales and the parties hereby irrevocably agree that the courts of England and Wales will have jurisdiction over any disputes arising under this Agreement or otherwise.
- 33 At no time do or shall we and/or our employees and/or our sub-contractors (including but not limited to all and any speakers and trainers engaged by us) offer financial or investment advice in any capacity.