These Terms and Conditions together with any Individual Proposal agreed with you form the basis of the contract between Expert Pensions and you. This is an important legal document which you should read carefully before agreeing to use our services. For the avoidance of doubt, by your use of our website or the Services, as hereinafter defined, you are deemed to have accepted the Terms and Conditions in full.
1. Definitions and Interpretation
In these Terms and Conditions the following words shall have the following meanings ascribed to them, where the context so admits:-
“Contract” means our contractual agreement with you, the Client, under which we shall provide the Services and which shall expressly incorporate the Terms and Conditions and the Individual Proposal, if any.
“Client”, “you” means the individual, firm or corporate body as specified in the Individual Proposal being the other party to the Contract. In the absence of an Individual Proposal the individual, firm or corporate body accessing the Services shall be deemed to be the Client.
“Expert Pensions”, “we”, “us”, “our” means Expert Pensions Limited, incorporated in Scotland under the Companies Acts (Company No. SC406704) and having our Registered Office at 58 East Main Street, Blackburn, Bathgate, West Lothian, EH47 7QS.
“Individual Proposal” means the individual proposal offered by Expert Pensions to the Client for the provision of the Services.
“Terms and Conditions” mean this document which forms part of the Contract.
“Price” means the price to be paid by the Client to EPL for the Services. Prices quoted are exclusive of standard rate VAT. VAT will be payable by you where applicable and will be added to the final cost at checkout or included in your invoice.
“Services” means the goods and services specified in the Individual Proposal or otherwise agreed between the Parties to be provided by EPL to the Client in return for which the Price is payable.
Expressions in the singular include the plural and vice versa and shall include corporate bodies as the context so admits. Where the expression “Client” includes more than one person or party then all obligations for which the Client is liable under the Contract shall be binding jointly and severally on each and every such person or party.
2. The Services
We shall provide the Services in a competent manner within a reasonable period of time. Where the Services include any goods then those goods will be of a satisfactory quality and appropriate for the intended use, provided that use is known to us. The Services shall not be undertaken by any specific employee of Expert Pensions, even if so requested by you, and we shall be fully entitled at any time to engage sub-contractors or others to provide all, or any part of, the Services without affecting our contractual relationship with you. The Services shall commence on the earlier of the date of delivery of any offline content or the date upon which you are given access to our online material whether or not you have accessed that material or made payment of the Price.
3. Online Services – duration and termination
Our online services give members access for 365 days from the date of commencement unless otherwise specified or mutually agreed. Full details of individual packages are available on request. We reserve the right to update, amend and change the content of our online services and individual packages at our sole discretion at anytime, this may affect you during your 12 month subscription.
4. Free Trials
We may, from time to time, offer any or all of our Services on a no-obligation free trial basis. Access to any free trials is strictly at our discretion and we reserve the right to withdraw any offer of a free trial without notice whether or not that free trial has already commenced.
The Services are offered as an educational tool only. We offer no guarantee that use of the Services will result in any particular outcome and we do not guarantee that any Client will pass any exam or exams for which we provide support materials.
We shall take all reasonable steps to remedy any material defect in the Services provided that the defect is brought to our attention in writing within a reasonable period of time. We shall not be liable for any injury to person or loss or destruction of or damage to property, whether affecting the Client or any third party unless the same shall have arisen from any default, negligence or neglect on the part of Expert Pensions or any person or party for whom we are responsible in law, and then only provided that the same shall have arisen from or shall otherwise be directly attributable to the actual performance of the Contract. Expert Pensions shall not be liable for any consequential, indirect or economic losses, howsoever arising, from the Contract or any breach of the Contract.
7. Payment of the Price
Except where otherwise agreed in advance, the full Price shall be payable on conclusion of the Contract and, in any event, prior to the delivery of the Services. In the event that we agree to defer payment beyond the date of conclusion of the Contract we will issue an invoice and the Price will be payable no later than five working days after the date of issue of the invoice. In the event of late payment interest will run from the date of issue of the relevant invoice at the rate of 4 per centum per annum above the Royal Bank of Scotland base rate from time to time calculated on a daily basis from the date of issue of the relevant invoice until payment (including such interest) is received by us in full. Without prejudice to the foregoing we reserve the right to recover outstanding payments and interest in any lawful manner as we may deem appropriate.
8. Intellectual Property
Except where otherwise expressly agreed any intellectual property rights arising out of our work remain exclusively with us. All content hosted on our website belongs to us or to our licensors. Any materials made available to you, either online or otherwise, is for your personal use only and may not be sold, stored, reproduced or modified in whole or in part without our express prior approval. Temporary copies which are made automatically in the process of downloading the website are permitted. Legitimate uses include viewing and printing of material for your personal use. We have taken all reasonable steps to ensure that we have not infringed the intellectual property of any third parties. If you believe that any material on this site infringes your intellectual property rights, please write to us at 58 East Main Street, Blackburn, Bathgate, West Lothian, EH47 7QS or email us at [email protected] .
9. Website Content
We make all reasonable efforts to ensure that the content on our website is correct. We cannot, however, guarantee the correctness or completeness of our content and take no responsibility concerning its quality or fitness for any particular purpose unless that purpose has been agreed between us and you prior to conclusion of the Contract. It is provided without any conditions or warranties of any kind. The content within the website including that posted on member forums is for educational study purposes only. We do not provide and do not purport to provide financial advice and the website should not be used for this purpose. We may make changes to our website content at any time solely at our discretion and without giving prior notice.
10. Website Use
The following uses of our website are strictly prohibited:-
• Accessing our website in any way which interferes with its normal functioning;
• Linking to any page of our website other than our homepage www.expertpensions.co.uk;
• Accessing our website in such a manner that it appears to be part of a third party’s website, (for example, by the use of a frame), i.e. “deep-linking”.
• Conducting any automated data collection activities including, inter alia, scraping, data harvesting and data mining.
11. Viruses etc.
We make every effort to ensure that our website and any digital products which we provide are free from viruses or defects. However, we cannot guarantee that your use of our website, or any websites accessible through our website, or any digital products we provide will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website or our digital products. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using our website or the Services. We take your security seriously and as such we host our site on secure hosting network. That network includes intrusion detection and intrusion prevention systems, firewalls and regular vulnerability scanning.
12. Website Availability
We cannot and do not guarantee that the website will be available at any given time or for any particular purpose. We will always endeavour to keep the website fully operational. We cannot accept liability for any loss of data or for any denial, restriction or interruption of access or any subsequent inconvenience.
13. Cancellation and Refunds
13.1 Cancellation by us
If we are forced to cancel or reschedule any event forming part of the Services then we will contact you as soon as reasonably practical. You will be entitled to a full refund on any events which are cancelled by us. If any event is re-scheduled then we will provide you with details of the rescheduled time and date of the event. If the new time and date are not suitable to you for any reason then we will issue to you a full refund for that event provided that you have contacted us within five working days from the date upon which we notified you of the rescheduled time and date. Refunds will be issued within thirty days of cancellation by the original method of payment. We will not be liable for any consequential costs or losses which result from any cancelled or rescheduled events.
13.2 Cancellation by you
Except where we are in breach of contract then you may not cancel any of the Services after such Services have commenced, irrespective of whether you have already paid for the Services. Once you have paid for a workshop, event or study plan and you have commenced the workshop, event or study plan, you are not able to cancel your purchase. If your workshop or event has not started, in accordance with the Consumer Protection (Distance Selling) Regulations 2000, you may cancel your contract with us within 7 working days after the date of your order confirmation and we will refund the purchase price within 30 days of the date of cancellation via the same means used to purchase. If you have paid to attend a workshop or event which takes place within 7 days of your order confirmation, you hereby waive your cancellation rights.