Terms and Conditions of Sale
The below Terms and Conditions of Sale (“Terms of Sale”) set out the terms applicable to the sale of digital products and services and services. By confirming your acceptance to these terms of sale and completing your purchase, you understand that you are entering into a legally binding agreement with Gemma Gilbert Limited, a limited company incorporated and registered in England and Wales whose registered office is at 7 Chaworth Road, West Bridgford, Nottingham, NG2 7AE, United Kingdom.
Purchase of digital products and services
These Terms of Sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products via our site www.gemmagilbert.com (“our website”) to you:
digital downloads of audio products to your computer or mobile device;
digital downloads of video products to your computer or mobile device;
digital downloads of supporting materials;
access to our digital membership community;
collectively “digital products and services”.
Please read these Terms of Sale carefully before ordering any digital products and services from our website. If you have any queries regarding these Terms of Sale please contact us at gemma@gemmagilbert.com before placing any order.
By placing an order for digital products and services through our website, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products and services for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.
By placing an order for digital products and services through our website you agree that we may store, process and use personal data collected from you for the purposes of processing or fulfilling your order only. We work with third parties to process your payment and they will also have access to your personal data to enable them to help us process or fulfil your order only. More information on how we may store, process and use your personal data is contained in our Privacy Policy.
You are responsible for ensuring that you do not lose, destroy, or damage any digital product or service you purchase through this website.
You are responsible for ensuring that any hardware you use to download and/or access these digital products and services functions correctly with this website or any alternative platform on which we make the digital products and services available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.
We have created the digital membership community for the benefit of all members, and it is intended as a space for our community members to gain the benefit of our digital products and services. As such, you acknowledge and agree that you will not undertake any promotion, marketing, publicising or selling activities in our digital membership community or to any digital membership community members at any time, in any format, via any medium without our prior explicit written permission. You acknowledge and agree that violation of this clause may result in the immediate termination of these Terms of Sale.
PLACING AN ORDER
After placing an order for any digital products and services via our website, you will receive an e-mail from us acknowledging receipt and setting out the details of your order.
The contract for the purchase of any digital products and services will only be formed when you have agreed to these Terms of Sale, we have received payment in full for the digital product or service you are purchasing and we make the digital product or service available for download or access. We reserve the right, in our sole discretion, to reject any order we receive.
AVAILABILITY
All digital products and services featured on our website are subject to availability. We reserve the right to change or remove a digital product or service on the website at any time without notice or liability to you.
Digital products and services will normally be available to download or access immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product or service ordered will be made available or accessible immediately (for example, if the website is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your digital products and services as soon as possible following your purchase.
PRICE AND PAYMENT
The price of any digital product or service will be as quoted on this website at the current time and will be shown inclusive of any VAT. We reserve the right to make certain digital products and services available only as part of a different purchase.
Prices for digital products and services are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download or access available.
By ordering the digital product or service, you acknowledge and agree to being charged an ongoing recurring fee, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we terminate these Terms of Sale.
Please note that some network or service providers may charge you an additional amount for downloading digital products and services to a mobile handset or other device. We recommend that you contact your network or service provider to understand the nature and extent of any additional charges before downloading to a mobile or other device. Note that overseas roaming charges may also apply. We will not be held liable for any such charges.
By providing your details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and services and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us or the account or card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery of any digital products or service.
In respect of validation checks and authorisation carried out by the card or account issuer, if the issuer of your card or account refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.
REFUNDS
In accordance with Consumer Rights Law, you have the right to cancel and obtain a full refund within 14 days of purchasing our digital products and services but only if:
you have not downloaded or accessed the digital product or service made available;
you have not requested and been accepted to join any of our social media groups (or into any other platform) to which access is offered as part of a purchase from the website; and
you have not accessed or used any supporting materials provided to you alongside your purchase of any digital products and services;
within 14 days of purchase. If any of the above have taken place, you will not be entitled to a refund.
If digital products or services are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products and services to functioning order. You must notify us via email at gemma@gemmagilbert.com within 30 days of download of or access to the digital product or service that it is defective. If we are unable to fix it or otherwise resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.
TERMINATION
These Terms of Sale and your access to the digital products or services will continue in force until terminated in accordance with this section.
Without affecting any other right or remedy available to it, either party may terminate these Terms of Sale with immediate effect by giving written notice to the other party if the other party:
a) commits a material breach of any of these Terms of Sale;
b) acts in a way detrimental or potentially detrimental to the other party;
c) stops carrying on all or a significant part of its business, or indicates that it intends to do so;
d) is unable to pay its debts;
e) is declared bankrupt;
f) has a receiver, manager, administrator or administrative receiver appointed over all or any part of its assets or income;
g) has a resolution passed or an order made for its winding up or administration; or
h) has a freezing order made against it.
Without affecting any other rights or remedies available to us, we may terminate these Terms of Sale immediately if you fail to pay any amount due under these Terms of Sale on the due date for payment.
Without affecting any other rights or remedies available to it, either party may terminate these Terms of Sale by providing notice in writing to the other party not less than seven (7) days’ prior to the due date of the next recurring payment.
On termination for any reason:
a) you will immediately pay all outstanding or unpaid fees which are due and payable under these Terms of Sale;
b) the accrued rights and liabilities of the parties (including any rights in relation to breaches of contract) shall not be affected.
CONFIDENTIALITY
Personal information or business information that you supply to us, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.
You acknowledge and agree that other membership community members may share personal and sensitive information, and you may have access to this personal and sensitive information in your time as a member of the community. Without reservation you agree to keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via email at gemma@gemmagilbert.com.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the website, and the digital products and services you purchase, including any databases that hold relevant information about the website, its products and services. They are protected by copyright or trade mark registration and you may only use any the digital products and services in line with these Terms of Sale.
All of the digital products and services that are available for sale on our website are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products and services we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the digital products and services for your own personal, non-commercial use.
You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products and services that you purchase through this website.
In the course of your interaction with the digital product or services, we may record or retain your contributions during the delivery of the content. You agree to our use of your image, voice and written contributions as we see fit and in accordance with these Terms. You will not be entitled to any claim for payment, nor any imposition of conditions or restrictions for use, and we will not require any further consent from you to use such contributions.
OUR RESPONSIBILITY TO YOU
We do not guarantee the accuracy of the content of our digital products and services, and you are responsible for the way you use its content.
We shall not limit or exclude our liability for:
death or personal injury;
fraud or fraudulent misrepresentation; or
any act, omission or matter, liability for which may not be excluded or limited under any applicable law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
loss of profit;
loss of goodwill;
loss of savings; or
loss of contract.
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
Although we try to ensure our digital products and services work seamlessly and without errors, we do not warrant that your use of the digital products and services will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, although we will do our utmost to rectify any issues you encounter as soon as possible.
You acknowledge and agree that the content provided in our digital products and services is intended to inform, train and guide you. It is not intended to amount to advice on which you should rely.
We make no representations, warranties or guarantees, whether express or implied, that the content provided in our digital products and services is accurate, complete or up to date. Nor is the content specifically tailored to your personal or professional circumstances, and you should assess its relevance to your circumstances before taking any action based on our content.
Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay to perform any of our obligations under these Terms of Sale that is caused by events outside our reasonable control.
APPLICABLE LAW
Any dispute arising from these Terms of Sale shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any arising dispute.
If any parts of these Terms of Sale are held to be invalid or unenforceable, the remaining terms will continue in full force and effect.
COMPLAINTS
If you have any questions or a complaint about the service provided by us please contact us via email at gemma@gemmagilbert.com.