WHITEGATE CONSULTING LTD T/A THE BUSINESS BUYERS CLUB
TERMS AND CONDITIONS OF TRADE
Definitions: “WGC”, the “Company” or ‘us’ means Whitegate Consulting Ltd. Please carefully read the following terms and conditions relating to your purchase of any product, programme, materials or participation in any event or seminars sold or conducted by Whitegate Consulting Ltd (‘Promoter’). By purchasing any product or service or registering for any Seminar or Event at any one of our locations, you (the ’Buyer”) signify your acceptance of and obligation to these Terms and Conditions. If you have objections to the following Terms and Conditions, you should not buy any products or services, nor register for, or attend, the Seminar or Event.
Buyers Conduct: Promoter requires all Buyers to be respectful and professional to our staff, location hosts, speakers, and other Buyers and their guests or families throughout the Seminar or Event, and during non-scheduled downtime and breaks. Promoter reserves the right to ask Buyer and /or their guests to leave the Seminar or Event immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Buyer’s fees for the event or programme will not be reimbursed under any circumstances and they will not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.
Payment Terms: These are all advertised clearly for each product or service advertised and are either ‘pay in full’ or over an agreed payment/instalment plan.
Consequences of Failure to Pay: If payment is not made within the time limits set out at the time of purchase, this will be a breach of contract by the client entitling WGC to treat the contract as at an end and in the event of WGC treating the contracts as at an end WGC shall be entitled to retain all sums already paid by the client, and the balance, if any, of the price of the product, service or seminar/event booking shall become immediately payable by the client to WGC. This is without prejudice to WGC’s rights to claim damages from the client in respect of any loss suffered by Whitegate Consulting Ltd.
Late Payments: If the Buyer fails to make any payment due under any Agreement by the due date the Buyer shall pay interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue amount.
Cancellation or Variations by the Buyer: Cancellation: Any notice of cancellation by the client of a instalment purchase or an event booking or part of a booking must be made in writing by letter or email sent to WGC. Once the Buyer registers for the event or purchases a programme, Promoter makes extensive arrangements and investments while anticipating their tuition and attendance, and, in the case of their cancellation, incurs significant administration hassles, expenses, and loss of business. Accordingly Clients are not entitled to any refund of any monies paid up to notification of cancellation and any unpaid fees still outstanding become due and payable in full.
Variation: Under certain reasonable circumstances, a request to change the attendance dates for an event or programme will be considered by WGC and at its sole discretion and if agreed will be subject to a £500 administration fee (plus VAT) payable immediately. All variations are subject to availability, and at the discretion of WGC.
Confidentiality: Information however recorded or preserved belonging to any other participant that is disclosed by the Buyer or a representative to the Buyer will result in the Buyers membership being terminated. Such confidential information shall include (1) the business, affairs, Buyers, clients, suppliers, plans, market opportunities of the disclosing party; and (ii) the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing party; and (c)any information developed by the parties in the course of carrying out this agreement. For the avoidance of doubt a breach of confidential information will include where the Buyer circumvents a deal.
Data Protection: Data Protection Legislation will mean the following: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation. The parties acknowledge that for the purposes of the Data Protection Legislation, the Buyer is the data controller and WGC is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The Buyer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to WGC for the duration and purposes of this Agreement. WGC shall, in relation to any Personal Data processed in connection with the performance by WGC of its obligations under this Agreement:
(a) process and or share that Personal Data in order to perform its obligations under any agreement with the Buyer and or only on the written instructions of the Buyer unless the WGC is required by the laws of any member of the European Union or by the laws of the European Union applicable to the WGC to process Personal Data (Applicable Laws). Where the WGC is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the WGC shall promptly notify the Buyer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the WGC from so notifying the Buyer;
(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Buyer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Buyer has been obtained and the following conditions are fulfilled:
(i) the Buyer or the WGC has provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) WGC complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) the WGC complies with reasonable instructions notified to it in advance by the Buyer with respect to the processing of the Personal Data;
(e) assist the Buyer, at the Buyer's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the Buyer without undue delay on becoming aware of a Personal Data breach;
(g) at the written direction of the Buyer, delete or return Personal Data and copies thereof to the Buyer on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this.
The Buyer consents to the WGC appointing a third party as a third-party processor of Personal Data under this Agreement. The WGC confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause
Either party may, at any time on not less than 30 days’ notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
Disclaimers: By law we can only guarantee your satisfaction with our training, not your results. Our Seminars and Programmes are for your educational and informational purposes only. As stipulated by law, we make no guarantees that you will do well, achieve any results or make any money from our information, and we offer no professional, legal, therapeutic, or financial advice. Our training cannot replace or substitute for the services of certified professionals in any field, including, but not limited to, financial, health, or legal matters. We do not purport anything we do or teach as a ‘get rich scheme,’ and any financial numbers outlined in our training are examples, opinions and illustrations, and thus should not be considered average earnings, exact earnings, or promises for your actual or future performance. There can be no assurance that any prior successes, or past results as to income earnings, can be used as an indication of your or anyone’s future success or results. Check with your accountant, lawyer or professional advisor, before acting on this or any information.
Intellectual property rights: You acknowledge and agree that all material relating to us, whether presented before, during or after your Membership commences are part of our “intellectual property rights”, which includes registered and unregistered rights in any copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights; This includes content, audios, videos and design of the website, as well as any members lists and you will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing in whole or in part any information, documents or online content from the membership, except without our prior consent.
Limitation of Liability: By entering into this Agreement, you acknowledge and agree that (1) Any information, mentoring or guidance provided by us (or any person representing us) is not intended to be personal or specific to you and is not intended to constitute ‘advice’, ‘financial advice’ or ‘legal advice’. To obtain such advice you should consult with qualified professionals. (2) To the maximum extent permitted by law, any implied terms and warranties are excluded (including those implied by trade, custom, practice or course of dealing). (3) You have not relied on any statement, promise or representation made or given by or on our behalf. (4) To the maximum extent permitted by law, our aggregate liability arising out of or related to the Membership or this Agreement, whether in contract, personal injury, damage to belongings or otherwise shall not exceed the amounts actually paid by you under this Agreement during the Membership. (5) To the maximum extent permitted by law, we will not be liable to you in any way for any indirect, special, or consequential loss, damage, expense, cost, loss of income, business, data, goodwill or profits, or for any loss or damage that was not reasonably foreseeable by us at the time you entered into this Agreement, including any business interruption, third party claims, changes to the Membership or cancellation. Additionally, we will not be liable to you in any way for any event that we cannot reasonably control and which would have been unavoidable (despite reasonable commercial efforts to prevent the event happening) or resulting from us complying with any relevant requirement under any law or regulation to which we are subject. Nothing in this Agreement shall be taken to exclude any liability of either party for death or personal injury caused by its negligence or any fraudulent misrepresentation. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees. Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Alterations to advertised packages: All advertised packages are subject to availability. Every reasonable effort will be made to adhere to the advertised packages but any packages may be altered or dates changed either before or after confirmation of the booking. Where such alterations, omissions or changes of date occur prior to the confirmation of the booking, Whitegate Consulting Ltd accepts no contractual liability. Where such alterations, or changes of dates occur after confirmation of the booking, WGC agrees to use endeavours as it considers to be reasonable to make alternative packages available. Note that Guy Bartlett may not present at every event, however we will always provide a fully trained Speaker.
Non-assignment: The Buyer shall not assign in whole or in part any rights or obligations under this Agreement.
Entire agreement, governing law and jurisdiction: This Agreement constitutes the entire Agreement and understanding between the parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings in such respect and all obligations implied by law to the extent that they conflict with the express provisions of this Agreement. This Agreement cannot be changed except by written agreement between the parties. The interpretation construction and effect of this Agreement shall be governed and construed in all respects in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
Third party rights; A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement. This does not affect any right of a third party which exists other than pursuant to that Act.
General: Where meals are provided at these events WGC take no responsibility for special dietary or allergic requirements if we have not been notified in advance in writing of these.
Notices: Please contact us in writing at Whitegate Consulting Ltd, 97 Alderley Road, Wilmslow, Cheshire, SK9 1PT.