OUR TERMS AND CONDITIONS (January 2022 edition)

1.       These terms

1.1     What these terms cover. These are the terms and conditions on which we supply services to you. Details of the services are set out in the Order Confirmation form.

1.2     Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is an error or miscommunication in these terms, please contact us to discuss.

2.       Information about us and how to contact us

2.1     Who we are: We are a sole trader established by Aneal Birdi in England and Wales. We are not VAT registered.

2.2     How to contact us. You can contact us by telephoning our customer service team at +44 7568 916666 or by writing to us at [email protected]

2.3     How we may contact you. If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4     "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.       Our contract with you

3.1     How we will accept your order. Our acceptance of your order will take place when we email you to accept it via an Order Confirmation form. You will be sent the Order Confirmation form via email and your agreement on email will mean the contract will come into existence between you and us.

3.2     If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.

3.3     Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.       Your rights to make changes

If you wish to make a change to the service you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5.       Our rights to make changes

5.1     Minor changes to the services. We may change the service:

5.1.1  to reflect changes in relevant laws and regulatory requirements; and

5.1.2  to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service.

5.2     More significant changes to the services and these terms. In addition, we may make the changes to these terms or the service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

6.       Providing the services

6.1     When we will provide the services. During the order process we will let you know when we will provide the services to you. If the services are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. 

6.2     We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.3     If you do not allow us to provide services. If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange performance of the services we may end the contract and clause 9.2 will apply.

6.4     What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, Job History, Previous Projects, Career Goals, Development Areas. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.5     Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:

6.5.1  deal with technical problems or make minor technical changes;

6.5.2  update the service to reflect changes in relevant laws and regulatory requirements;

6.5.3  make changes to the service as requested by you or notified by us to you (see clause 5).

6.6     Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for longer than 14 days we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.

6.7     We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).

7.       Your rights to end the contract

7.1     You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

7.1.1  If what you have bought is misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all your money back), see clause 11;

7.1.2  If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

7.1.3  If you have just changed your mind about the service, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

7.1.4  In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.6.

7.2     Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

7.2.1  we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 5.2);

7.2.2  we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;

7.2.3  there is a risk that supply of the services may be significantly delayed because of events outside our control;

7.2.4  we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

7.2.5  you have a legal right to end the contract because of something we have done wrong.

7.3     Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4     When you do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running.

7.5     How long do you have to change your mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

7.6     Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

8.       How to end the contract with us

8.1     Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

8.1.1  Phone. Call or WhatsApp customer services on +44 7568 916666 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.2     How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.

8.3     When we may make deduction from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

8.4     When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

9.       Our rights to end the contract

9.1     We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

9.1.1  you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

9.1.2  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, as described in section 6.4.

9.1.3  you do not, within a reasonable time, allow us to perform the services.

9.2     You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3     We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 14 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.

10.     If there is a problem with the service

         How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone or WhatsApp our customer service team at +44 7568 916666. 

11.     Your rights in respect of defective services

11.1   We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key   legal rights

This is a summary of   your key legal rights. These are subject to certain exceptions. For detailed   information please visit the Citizens Advice website www.adviceguide.org.uk   or call 03454 04 05 06.

The   Consumer Rights Act 2015 says:

a)   You can ask us to repeat or fix a service if it's not carried out with   reasonable care and skill or get some money back if we can't fix it.

b)   If you haven't agreed a price beforehand, what you're asked to pay must be   reasonable.

c)   If you haven't agreed a time beforehand, it must be carried out within a   reasonable time.

See   also clause 7.2.

12.     Price and payment

12.1   Where to find the price for the product. The price of the product (which includes VAT, where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you order.

12.2   We will pass on changes in the rate of VAT (if applicable). If VAT is applicable, the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.

12.3   What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4   When you must pay and how you must pay. We accept payment via STRIPE (Debit Card and Master Card). You may also make payment by direct debit or by bank transfer into the bank account notified to you from time to time. When you must pay depends on what service you are buying, you must make an advance payment of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them, and we also reserve the right to send you interim invoices in respect of services carried out. You must pay each invoice within 14 calendar days after the date of the invoice.

12.5   We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6   What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13.     Our responsibility for loss or damage suffered by you

13.1   We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1.

14.     How we may use your personal information 

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy        

15.     Other important terms

15.1   We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2   You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3   Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4   If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5   Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6   Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16.     Model Cancellation Form 

Email To: [email protected]

To CareerVive Team,

I hereby give notice that I cancel my contract for the supply of the following service,

Ordered on,

Name of customer,

Address of customer,

Signature of customer (only if this form is notified on paper),

Date