Terms & Conditions of Supply

This Policy was created on 03 October 2023

 

Please read all of these Terms and Conditions

These Terms and Conditions, together with all other documents referred to herein, set out the terms under which our services are sold and provided through this website. Please read them carefully and make sure you understand them fully before paying and booking any service or training course.

Application

1.  These Terms and Conditions will apply to the purchase of the services and products by you (the Customer or you). We are Evergreen Personnel Limited whose trading name is Job Application Coach or JAC, a company registered in Scotland under number SC164414 (the Supplier or we or us or our). Our registered office is at 272 Bath Street, Glasgow, G2 4JR. Our email address is: [email protected]
2. These are the terms on which we sell all Services and Products to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions in addition to the Terms and Conditions that govern our website and our Privacy Policy. You can only purchase the Services and online training products from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Contract means the legally binding agreement between you and us for the supply of the Services;
4. 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;
5. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
6. Service or Services means the services detailed and advertised on the Website, including any online training products, coaching and outplacement services, and the number and description of services purchased as set out in the Order;
7. Website means our website jobapplicationcoach.com on which the Services are detailed.

Services

8. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.
9. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
10. All Services which appear on the Website are subject to availability.
11. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. 

Customer Responsibilities

12. You must cooperate with us in all matters relating to the Services and provide us with all information required to perform the Services.
13. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it, or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information

14. We retain and use all information strictly under our Privacy Policy.
15. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

16. The description of the Services in our website does not constitute a contractual offer to sell the Services. 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.
17. 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.
18. 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 the confirmation of the Contract by means of an email (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 Services supplied under the Contract, and before the performance of the Service begins.
19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 15 days from its date unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about the description of the Service, 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.
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as an individual Consumer. If these Terms and Conditions are not suitable for you, 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, e.g. by giving you rights as a business.

Fees and Payment

22. The fees (Fees) for the Services are 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 daily rate basis.
23. The Company is currently not VAT-registered. Should the company become VAT registered, all Fees and charges after the date of registration will include VAT at the rate applicable at the time of the Order.
24. You must pay by submitting your credit or debit card details with your Order or via PayPal. Payment must be made in full before we confirm your order.

Delivery

25. We will make every effort to deliver the Services in a timely manner and complete them on time. We cannot be held responsible for any delays outside our control. Please see Clause 42.
26. In any case, regardless of events beyond our control, if we do not deliver the Service on time, you may choose to reschedule or cancel the contract. If you cancel the Contract in this situation, we will promptly return all payments due to you. The refund would be for the proportion of the Service that has not been delivered by the date of cancellation.

Withdrawal and Cancellation

27. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind without incurring any liability.
    1. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for services that are made to your specifications or are clearly personalised.

Right to Cancel

28. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 calendar days from the date a Contract between You and Us is formed without giving any reason.
29. The cancellation period will expire after 14 days from the day the Contract was entered into. In a contract for the supply of services over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
30. 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 in an email to [email protected].  You must be able to show clear evidence of when the cancellation was made. Although not required under this contract, please also give your reason for cancelling the contract.
31. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Refunds

32. If you cancel within the 14-day cancellation period and have not accessed or commenced your use of the Services you purchased, you will be entitled to a full refund of all payments received for the services cancelled, subject to any cancellation charge as detailed in Clause 35 c.
33. Should you wish to cancel after the 14-day cancellation period, any refund will be at our sole discretion.
34. We will make any refund using the same means of payment as you used for the initial transaction unless you and us have expressly agreed otherwise.

Commencement of Services in the Cancellation Period

35. If the Services begin before the end of the cancellation period, you acknowledge and agree to the following:
    1. If the Services are fully performed within the 14-day cancellation period, you will lose your right to cancel the Services and you will lose your right to a refund.
    2. If you cancel after the provision of an online training product has begun but is not yet complete, you will be eligible for a full refund, provided you have not accessed more than two of the video training sessions in any individual course or module. If you accessed more than two training sessions in any course, you will not be entitled to a refund.
    3. For our coaching services, you must cancel at least 48 hours before a coaching session has been scheduled. We reserve the right to charge a cancellation fee if the coaching session is cancelled less than 48 hours before the coaching session has been scheduled. In this situation, the cancellation fee would be 50% of the full Contract fee.

Cancellation of outplacement services for organisations or businesses

36. Where an organisation or business wishes to cancel an outplacement contract, they will be liable to pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of their decision to cancel the Contract.

Conformity

37. We will supply the Services with reasonable skill and care. However, if there is a problem with the Services, please contact us as soon as possible via email. We will use reasonable endeavours to remedy problems with the Service as quickly as is reasonably practical.

Duration, Termination and Suspension

38. The Contract for coaching services continues for as long as it takes us to perform the Services.
39. The Contract for online training services is for a maximum of twelve months from the date the order was confirmed by us.
40. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
41. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Circumstances Beyond the Control of Either Party

42. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party's obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel.

Privacy

43. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
44. These Terms and Conditions should be read alongside and are in addition to our policies, including our Website Terms and Conditions, Privacy Policy and Cookies Policy.
45. For the purposes of these Terms and Conditions:
    1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. 'GDPR' means the UK General Data Protection Regulation.
    3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
46. We are a Data Controller of the Personal Data we process in providing the Services to you.
47. Where you supply Personal Data to us so we can provide Services to you, and we process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
48. For any enquiries or complaints regarding data privacy, you can email: [email protected].

 Liability

49. 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.
50. 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 (e.g. 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 wholly or mainly for your business, trade, craft or profession.
51. Subject to Clause 49, our total liability to you in respect of all losses arising under or in connection with this agreement, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fee for the Service.
52. Except as expressly stated in these Terms and Conditions, to the fullest extent permitted by law, we do not give any representation, warranties or undertakings in relation to our Services. In particular, we will not be responsible for ensuring that the services are suitable for your purposes or for the achievement of any specific results.

Governing Law, Jurisdiction and Complaints

53. The Contract (including any non-contractual matters) is governed by the law of Scotland.
54. Disputes can be submitted to the jurisdiction of the courts of Scotland or, where the Customer lives in England and Wales or Northern Ireland, in the courts of respectively England and Wales or Northern Ireland.
55. We try to avoid any disputes, so we deal with complaints as follows: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within five working days.

Attribution

56. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).