Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. Party, Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. We collect information from you when you subscribe to our newsletter, fill out a form or send a payment through our website. When sending payment or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously. Any of the information we collect from you may be used in one of the following ways:
- To improve our website – We’re continually striving to improve our website based on the information and feedback we receive from you.
- To improve customer service – Your information helps us to more effectively respond to your customer service requests and support needs.
- To process transactions – Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of handling transactions associated with payments.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails – The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. Employees and sub-contractors are only disclosed information that is required to perform their respective duties.
We will investigate all breaches involving the customer and/or visitor information. All criminal matters will be referred to law enforcement.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Any payments accepted through our website are subject to the same terms as offline payments. Unless otherwise specified, all transactions are conduction in Canadian dollars.
We are excluded from all liability, fees, direct loss, loss of business or profits incurred by a visitor initiating a payment through this website. In cases where we incur additional fees as a result of an error or mistake of a visitor initiated payment, we reserve the right to pass said expenses on to the initiator of the payment. Any errors by the visitor during the transaction are the responsibility of the visitor.
Unless otherwise stated, all invoices issued offline are subject to the terms agreed upon between this Company and the recipient. Late payments may be subject to additional fees and any costs associated with recovering payment.
TERMINATION OF AGREEMENTS AND REFUNDS POLICY
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. The Company reserves the right to issue refunds beyond the amounts specified under these terms at its discretion. Such do not constitute a change in this policy.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, over the phone, via email, and/or fax or any other means will be accepted subject to confirmation in writing. We reserve the right to levy fees to cover any administrative expenses caused as a result of a cancellation.
Unless otherwise stated, the information and services featured on this website are intended for Canadian visitors. You are solely responsible for evaluating the integrity of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Our web servers automatically log standard access information about visitors including IP address, browser type, access times/open mail, URL requested, and referral URL. This information is used to help administer the site, diagnose and troubleshoot issues and for analytic purposes (analyze trends, gather broad demographic information for aggregate use and/or detect usage patterns). This information, including any individually identifiable information, is not shared with third parties outside of vendors who work directly with us on the website. This information will not be used in any way different to that stated above without notifying you by either by email or through this website.
LINKS TO THIS WEBSITE
You may link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all content relating to the Company’s services and the full content of this website.
This Company’s logo is a recognized trademark of this Company in Canada and other countries.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
NOTIFICATION OF CHANGES
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
If there are any questions regarding these policies you may contact us using the information below.
Empower Group Marketing Automation is the brainchild of Jim Brown. A 25 year veteran of sales and marketing. In those 2.5 decades Jim has been able to learn through trial and error and then success what really works. Give me a call today for a free consultation.