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Terms & Conditions - IAC
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TERMS AND CONDITIONS

Please read all of the following terms and conditions carefully.

So that we can accept your order and form a legally enforceable agreement without further requirement from you, it is essential for you to read these terms and conditions to make sure that they are satisfactory. If you are uncertain about anything please feel free to email us on cs@iamcreator.com

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are I Am Creator Ltd, a company registered in England and Wales under number 09891697 whose registered office is at Unit 11, Sadler Road, Lincoln, Lincolnshire LN6 3RS United Kingdom, with  email address cs@iamcreator.com (the Team or us or we).
  2. These are the terms on which we sell all Services to you.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Services and Goods from the Website or the Team if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  1. Contract means the legally-binding agreement between you and us for the supply of the Services;
  1. Delivery Location means the Team's premises or other location where the Services are to be supplied, as set out in the Order;
  1. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way that is accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  1. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
  1. 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 or by the Team;
  1. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website and the Team;
  2. Services means the services advertised by the Team or on the Website, including any Goods, of the number and description set out in the Order;
  3. Website means our website and other webpages on which the Services are advertised.

Services

  1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
  2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Services which appear on the Website or offered by the Team are subject to availability.
  4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

  1. You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  2. 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 providing written notice to you.
  3. While attending some of our events, you may be invited to take part in activities which could, potentially, result in serious personal injury.  By booking a place at an event, you expressly accept and acknowledge that you do not have to take part in any such activity and that, if you do take part, you do so of your own free will and at your own risk, and you waive any and all claims you may have against us or any of our staff or presenters arising out of any injury or loss suffered while taking part in activities at our events - unless the injury is caused directly by our negligence.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. We own the intellectual property rights, including copyright, in any materials given to you in connection with the event you attend or any course you take part in, whether delivered in hard copy or electronically. This means that you must not copy or reproduce them in any format for the purpose of distributing them to anyone else, whether or not for payment, and we have the right to bring legal proceedings to stop you from doing so.

Basis of Sale

  1. The description of the Services and any Goods offered by the Team does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted to us, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. You can place an order in person at one of our live events, or by post, phone, email or online.
  3. A Contract will be formed for the Services when you make a payment of part or full of the total value of the  Services and Goods to confirm the Order (Order Confirmation). You must ensure that the required information for the Order 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 which is a form of the Order Confirmation. You will receive the Order Confirmation within a reasonable time after making the initial payment, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  7  days  from its date, unless we expressly withdraw it at an earlier time.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Fees and Payment

  1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
  2. Fees and charges include VAT at the rate applicable at the time of the Order.
  3. You can pay us in cash, by debit or credit card or by electronic bank transfer.  We do not charge for handling debit or credit card payments
  4. If you agree to pay for a product by debit or credit card, you must pay by submitting your credit or debit card details with your order.  You authorize us to take payment from the card, the details of which are shown on the booking form, in accordance with the payment plan set out on the booking form, and we can take payment immediately or otherwise before delivery of the Services.
  5. If payment is refused by your card issuer, or if you fail to pay us in accordance with the payment plan, we will contact you to ask for an alternative method of payment
  6. If you agree to pay in cash or by electronic bank transfer, you agree to pay us no later than the dates set out on the booking form.
  7. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement.
  8. If you have not paid the full price of the event at least 48 hours before the event starts or our product is due to be delivered, we reserve the right to refuse you entry to the event or to supply the product.
  9. If you do not attend an event which you have booked for, we may deduct an additional GBP100 from your credit card to pay for materials which have been prepared for your use.
  10. We may charge you a no show fee when you place an order, even if it is an order for a free event.  We reserve the right to forfeit the no show fee if you don’t attend the event. If the event is free and you do attend it, we will refund the no show fee in full not more than 30 days after the date of the event.
  11. If you requested a refund, an administration fee of 10 percent of the total amount is applicable.
  12. Administration fees not applicable for refund requests made within 24 hours after receiving a clear payment.

Withdrawal and Cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days after receiving a clear payment.
  2. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. However, you cannot change your mind (even if the cancellation period is still running) and we have already delivered the service.
  3. You cannot cancel the order (even if the cancellation period is still running) if the order was for digital content and we have sent you the digital content or the necessary log-in details.
  4. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after receiving a clear payment.
  5. 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 (e.g. a letter sent by post, fax or email).
  6. 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.
  7. We can end the contract with you by informing you via post or email    

Commencement of Services in the cancellation period

  1. We might begin the supply of a service (or part of the Services) before the end of the cancellation period, or you might have made an express request for the service (or part of the Services) before the end of the cancellation period.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

  1. If we start the supply of a service (or part of the Services) before the end of the cancellation period, a refund will not be permitted.

    a. Tickets
     for events are not refundable under any circumstances once the event commenced.

b. Payments for online courses are non-refundable once payment is made hence log in details to access the course and electronic data are given straight away once payment is made.

c. For courses and events conducted with online access, no refund will be permitted after receiving the link to access the event/course ( normally 72hrs before the event/courses).

Deduction for Goods supplied

  1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods - in other words, it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

  1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
  1. 14 days after the day we receive back from you any Goods supplied, or
  2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods
  1. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (i.e. it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  2. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
  2. For the purposes of these Cancellation Rights, these words have the following meanings:
  1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
  2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Delivery

  1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
  1. in the case of Services, within a reasonable time; and
  2. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  1. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can request us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
  2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) consider the Contract terminated if:
  1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
  2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  1. If you consider the Contract to be terminated, we will (in addition to other remedies) promptly return all payments made under the Contract.
  2. If you were entitled to consider the Contract to be terminated, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
  3. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of these Goods without also cancelling or rejecting the Order for the remainder.
  4. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  5. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

Conformity

  1. We have a legal duty to supply the Services and Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Goods will:
  1. be of satisfactory quality;
  2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
  3. conform to their description.
  1. It is not a failure to conform if the failure has its origin in your materials.
  2. We will supply the Services with reasonable skill and care.
  3. We will provide the following after-sales service: The supplier will provide the customer information about the purchased Events or Courses.
  4. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
  5. if you buy digital content from us and it is not what was described, fit for purpose or of satisfactory quality, you are entitled to a repair or a replacement.  If you can show that our digital content damaged your device because we did not show reasonable care and skill, you may be entitled to a repair or compensation.
  6. if you buy services from us and the services are not provided with reasonable skill and care, you can ask us to provide the service again for free.
  7. We cannot accept responsibility for the quality or effectiveness of any goods or services provided by third parties which we may mention or refer to, and any decision to buy any such goods or services is entirely at your own risk.
  8.  In the case of events. we will give you at least 14 days’ prior notice in writing of any change in the timing, location or venue.  We reserve the right to make changes to the course content and speakers without prior notice.

Duration, termination and suspension

  1. The Contract continues as long as it takes us to perform the Services.
  2. 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.
  1. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 Personal information

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

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties. You can only transfer your booking for a product to someone else by notifying us at least 7 days beforehand. You must not sell your booking to anyone else.

Circumstances beyond the control of the company

  1. In the event of any failure by the Company because of something beyond its reasonable control, including but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the Company whose performance is affected:
  1.  Neither party shall be liable in damages or have the right to terminate this agreement for any delay or default in performing hereunder;
  2. The Company will advise the other party as soon as reasonably practicable; and
  3. The Company's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoided.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.iamcreator.com/privacy-policy/).
  3. 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 Directive 95/46/EC (Data Protection Directive) or the GDPR.
  2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
  3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
  1. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  2. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  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.
  1. All events, online or offline,  are recorded and the recorded materials may be used for marketing and promotions. For all online events , if you have turned on your camera, it will be considered as your permission to use the footage with your image on.
  2. For any enquiries or feedback regarding data privacy, you can email: cs@iamcreator.com.

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

  1. The Terms and Conditions (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, 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 5 days.