TERMS OF SALE FOR PURCHASES OF SERVICES AND DIGITAL CONTENT
What these terms cover. These are the terms and conditions on which we supply our offerings to you, whether these are digital products or services.
These terms set out the conditions on which we supply any of the following digital products and services to you via our website or through any other platform or software which we may utilise:
digital downloads of audio products to your computer or mobile device;
digital downloads of video products to your computer or mobile device;
digital downloads of supporting materials; or
subscription to our digital membership community.
collectively “digital products and services”.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide digital products or 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 a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Maisie Hill Ltd, incorporated and registered in England and Wales with company number 12262546 whose registered office is at 12 Lyndhurst Avenue, Margate, CT9 2PS, United Kingdom. We are trading as Maisie Hill.
How to contact us. You can contact us by writing to us at hello@maisiehill.com
OUR CONTRACT WITH YOU
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
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 digital products or services, or we will immediately refund you if your payment has been processed. This might be because:
of unexpected limits on our resources which we could not reasonably plan for;
we have identified an error in the price or description of the digital products or services; or
we are unable to meet a delivery deadline we have specified.
PRICE AND PAYMENT
Where to find the price for the digital product or service. The price of the digital product or service (which includes VAT) will be the price indicated on the order pages when you placed your order on our website. We use our best efforts to ensure that the price of the digital product or service advised to you is correct. However please see below for what happens if we discover an error in the price of the digital product or service you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the digital product or service, we will adjust the rate of VAT that you pay, unless you have already paid for the digital product or service in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the digital products or services we sell may be incorrectly priced. We will normally check prices before making our digital products or services available for purchase. If, however, we discover that a digital product or service was incorrectly priced after accepting your order:
where the correct price at your order date is less than our stated price at your order date, we will refund you the additional amount paid;
if the correct price at your order date is higher than the price stated to you, we will contact you for your instructions as to whether to proceed with your order at the increased price and provide the digital products or services (which may involve us refunding the lower price you have paid, and you then re-purchasing the digital products or services for the correct price), or whether to cancel your order and issue a refund.
When you must pay and how you must pay. We accept payment with debit and credit cards. When purchasing either digital content or services, you must pay for the products:
at the time of ordering them, if it is a purchase of digital content; or
on the monthly billing date as advised to you in the email acceptance of your order, if it is a purchase of subscription to our digital membership community paid for on a monthly basis.
By purchasing a subscription to our digital membership community, you acknowledge and agree to being charged an ongoing recurring monthly fee, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing monthly fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we cancel the contract between us.
OUR RIGHTS IN RELATION TO THE PRODUCTS
Minor changes to the products. We may change the digital products or services:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the digital products or services.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Our intellectual property rights in relation to the products. We are the owners or licensees of all intellectual property rights in the website, and the digital products or services you purchase, including any databases that hold relevant information about the website or its digital products or services. These rights are protected by copyright or trade mark registration and you may only use the digital products or services, or any part of them, in accordance with these terms.
Upon payment of the price for any of our digital products or services we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the digital products or services for your own personal, non-commercial use.
You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any digital products or services, or part of the digital products or services, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.
PROVIDING THE DIGITAL PRODUCTS AND SERVICES
If you are purchasing a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
If you are purchasing a subscription to our digital membership community. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in below or we end the contract by written notice to you as also described below.
We are not responsible for delays outside our control. If our supply of the digital products or services 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 digital products or services you have paid for but not received.
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 digital products or services to you. If so, this will have been stated in the description of the digital products or 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 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 digital products or 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.
Reasons we may suspend the supply of digital products or services to you. We may have to suspend the supply of a digital product or service to:
deal with technical problems or make minor technical changes;
update the digital product or service to reflect changes in relevant laws and regulatory requirements;
make changes to the digital products or services as notified by us to you.
Your rights if we suspend the supply of digital products or services. We will contact you in advance to tell you we will be suspending supply of the digital products or services, unless the problem is urgent or an emergency.
If we have to suspend the digital products or services, we will adjust the price so that you do not pay for digital products or services while they are suspended.
You may contact us to end the contract for a digital product or 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 digital product or service in respect of the period after you end the contract.
We may also suspend supply of the digital products or services if you do not pay. If you do not pay us for the digital products or services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the digital products or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the digital products or services. We will not charge you for the products during the period for which they are suspended.
YOUR RIGHTS TO END THE CONTRACT
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.
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 (a) to (e) below the contract will end immediately and we will refund you in full for any digital products or services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the digital products or services or these terms which you do not agree to;
we have told you about an error in the price or description of the digital product or service you have ordered and you do not wish to proceed;
there is a risk that supply of the digital products or services may be significantly delayed because of events outside our control;
we have suspended supply of the digital products or 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
you have a legal right to end the contract because of something we have done wrong.
Ending your contract for a subscription to our digital membership community. Where you have agreed to pay a monthly fee for ongoing or subscription services or digital products, you can cancel your contract at any time using the methods set out below in “How to end your contract with us”. You must let us know of your intention to cancel the contract at least seven (7) days before the next billing date for which you are scheduled to pay the monthly fee for services or digital products. If you do not provide us with at least seven (7) days’ notice of your intention to cancel you contract, you will be charged the next scheduled monthly fee in accordance with this contract.
Cancellation of your contract for ongoing or subscription services or digital products for any other reason will not entitle you to a refund.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then for most digital products or services 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.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
digital products after you have started to download or stream these;
services, once these have been completed, even if the cancellation period is still running.
How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
Have you bought services? If so, 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.
Have you bought digital products for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital products to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Log in to the membership website and visit the following page https://theflowcollective.co/before-you-leave-cancellation/
You will then be prompted to cancel your membership from within your customer account with ThriveCart.
You may also tell us you want to end the contract. To end the contract with us, please let us know by emailing us at support@theflowcollective.co
You may use the model cancellation form below, but you are not required to:
Cancellation form
To Maisie Hill
Maisie Hill Ltd
I hereby give notice that I cancel my contract of sale of the following digital products / the supply of the following service [customer to insert description of purchase], ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
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 digital products or services by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer 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.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a digital product or service at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the digital products or services;
you are a member of our digital membership community and you breach our membership community guidelines (which are available upon request).
You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for digital products or 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.
We may withdraw the digital product or service. We may write to you to let you know that we are going to stop providing the digital product or service. We will let you know at least one (1) month in advance of our stopping the supply of the digital product or service and will refund any sums you have paid in advance for digital products or services which will not be provided.
IF THERE IS A PROBLEM WITH THE DIGITAL PRODUCT OR SERVICE
How to tell us about problems. If you have any questions or complaints about the digital product or service, please contact us via email at hello@maisiehill.com
YOUR RIGHTS IN RESPECT OF DEFECTIVE DIGITAL PRODUCT OR SERVICE
We are under a legal duty to supply digital products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the digital products or 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
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, the Consumer Rights Act 2015 says:
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.
If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
YOUR RESPONSIBILITIES IN RELATION TO THE DIGITAL PRODUCTS OR SERVICES
You have certain responsibilities in relation to the digital products or services you purchase from us. You agree that you are purchasing our digital products and services for your private, non-commercial use only.
You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any digital products or services, or part of the digital products or services, that you purchase through this website or from us unless agreed with us in writing.
You are responsible for ensuring that you do not lose, destroy, or damage any digital products or services, or part of the digital products or services, you purchase through this website or from us.
You are responsible for ensuring that any hardware you use to download and/or access the digital products or services function correctly with this website or any alternative platform on which we make the products available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.
Confidentiality of information shared. You acknowledge and agree that other community members or group coaching members may share personal and sensitive information, and you may have access to this personal and sensitive information in your time as a member of the community or group. Without reservation you agree to keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.
We strongly recommend you do not share any information which you may feel uncomfortable having available for other members to read, view or otherwise consume on the digital membership platform. In order to maintain the integrity of the content, we are unable to remove any content once it has been shared on the digital membership platform, except where we deem it in the best interests of the community, or otherwise at our absolute discretion.
Any content you upload to our website and community will be considered non-confidential and non-proprietary. You grant to us a licence to use, store and copy that content and to distribute and make it available to third parties. You acknowledge and agree that this licence will continue in perpetuity, and will continue in situations where your purchase of the services has ended or been terminated, and you are no longer a member of the digital membership platform.
We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
You acknowledge and agree that any information you share in the community or the group is done so entirely at your own risk. We take no responsibility or liability for the release of any information by any members of the community or group.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Your responsibility for your engagement with the digital products and services. You acknowledge and agree that we are not licensed psychiatrists, psychologists, mental health professionals or medical professionals, and the digital products and services are not intended to replace those of such professions. Whilst we have utilised in creating the digital products and services, and will at all times in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the digital products and services as any such outcome will vary based on the level of effort, engagement and implementation on your part.
You acknowledge and accept that you are responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising in connection with the digital products and services we provide. As such, you agree that we are not and will not be liable or responsible for any of your actions, inaction, direct or indirect results arising from or in connection with the digital products and services.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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, but we are not responsible for any loss or damage that is not foreseeable. 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.
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; or for breach of your legal rights in relation to the products.
When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the digital products or services to you for domestic and private use.
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, a copy of which is available here: https://www.maisiehill.com/privacy-policy
OTHER IMPORTANT TERMS
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.
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.
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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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.
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.
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 digital products or services or these terms in the English courts.