Date: 30th May 2020

Website: https://uxe.ie/

TERMS OF BUSINESS

1. INTERPRETATION.    

In these conditions of sale:

• The “Agreement” means the agreement which is formed when we accept an order from you, as provided in Clause 3 below.
• “Customer”    or    “you”    or   “User” means    the    person or organisation   who    purchases    Services    via    the https://uxe.ie/ website.
• “Services” means the services described in the order confirmation.
• “User Licence” means a single licence to access the online training videos for use by no more than one User. For the avoidance of doubt User Licences must not be shared under any circumstances. They may be transferred only when approved and actioned by the Supplier.
• “Supplier”, “we” or “us” means The UX Effect Studio Limited, registered in Ireland no. 670693, whose registered office is at Thurles Chamber Enterprise Centre, LIT Campus, Gortataggart, Thurles, Co. Tipperary.
• “these terms” means the terms of business set out in this document.

2. Terms of Sale.    

The advertising of Services on this website does not constitute an offer to sell them as described, or to sell any services at all.  By clicking to place an order, you are making an offer to buy which incorporates these terms. If we elect to accept your offer, you will receive an order confirmation.  We reserve the right to decline any order, without giving a reason.

3. Orders.    

Orders are only binding when the order confirmation is received.  You should check the order confirmation and notify the Supplier of any mistake by email immediately, otherwise the details stated in the order confirmation will apply to the Agreement.

4. Availability.  

If you order Services and we accept the order, we reserve the right to notify you that the Services are no longer available at any time up to providing them. You can then cancel the Agreement and we will refund you all money paid in full.

5. VAT.    

All prices are exclusive of value added tax and other government taxes or duties.

6. Payment.    

Payment is collected from your credit/debit card at the same time that your order confirmation is sent, and before the Services are supplied.

6.1. A part-payment plan (paying in instalments) may be offered to certain Customers. All payment instalments must be made before the in-house course begins. If a payment instalment is not made within 7 days of the due date, the Customer will lose access to the Service until the payment is made. Payments are non-refundable once the course has commenced.

7. Time of Performance.    

We will use reasonable efforts to meet any stated date for performance, but it should be understood that they are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused. Goods are shipped by electronic means to the delivery email address you gave, as stated in the order confirmation or by providing access to download content or view certain parts of our website.

8. Your right to cancel.   

We usually start to undertake the Services shortly after your order is confirmed, and you agree that we can do so. Once we start, you will have no right to cancel as you are purchasing online digital content. However, if we have not started to undertake the Services, you may cancel your order for up to 7 working days from the time of the order confirmation. You must inform the Supplier of the decision to cancel in writing by email. There is no requirement to give a reason for cancelling. Upon cancellation, the Supplier will repay all payments you made within 14 days.

For all non-digital media, you are entitled to a cooling-off period of 14 days, which begins on the day that the contract is concluded between the supplier and you, the User.  During the cooling-off period, you can cancel the contract without incurring charges or penalties, by email to the Supplier.

8.1 In relation to offline training classes (In-house training) and mentoring sessions, bookings can only be cancelled in writing by email.

8.2 In relation to offline training classes, cancellations within 10 working days of the training start date will be charged the full course fee. Cancellations within 11 – 20 working days of the training start date will be charged 50% of the course fee. Cancellations within 21 – 28 working days of the training start date will be charged 25% of the course fee. Cancellations more than 28 working days in advance of the course will incur no charge. Following commencement of the offline training course, there will be no refund.

8.3 In relation to mentoring bookings, we require 48 hours cancellation notice by email, any cancellations you make with less than 48 hours notice, you forfeit the cost of the session.

9. Prices Quoted.    

Unless otherwise stated, prices quoted are only valid during your browser session.

10. Queries and Complaints.    

Notification   of queries   and/or complaints   must be notified to us in writing within fourteen (14)  days of the problem arising,  or fourteen (14)  days of completion of the Services, whichever is the earlier.

11. Warranties.    

We warrant that the Services will be provided with due skill, care and diligence, and that any materials used will be sound and reasonably fit for the purpose for which they are required. For the avoidance of doubt, WE DO NOT warrant the User outcome in any way whatsoever, from using the Services proved to them by the Supplier.

12. Remedy.    

Subject to Clause 15, if we are in breach of the warranties given by us under Clause 11, our liability shall be limited to:

12.1.      correcting the problem at our expense; or

12.2.      at our option, reimbursement of the price.

13. Registration

13.1       To use some of the Services or features on the Website, you will need to register and provide various personal details. As part of the registration process you will create a user name and password. Your username will be your e-mail address. The Customer will ensure Users are either the Customer himself/herself, their employees or agents and that each user has a unique login. You must ensure that you keep your user name and password in a safe and secure place and that you do not disclose them to anyone as you will be fully responsible for all activities which occur under your user name and password. Furthermore, the Customer acknowledges that sharing User Licences will be deemed as a material breach of this Agreement which is not capable of remedy. 

13.2       It is your responsibility to immediately notify us of any unauthorised use of your user name and password or any other breach of security as soon as you become aware of it. You must also inform the Supplier immediately upon an existing user leaving the User’s business, and a new employee wanting to use the account. The account should not be shared or handed over to the new employee until the Company re-allocates and transfers the account to the new employee and creates them as a User.

13.3        When you use the Services or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

14. No Other Liability.  

Subject to Clause 16, we will have no further liability to you other than as described in Clause 11, whether under these terms sale or on any other basis including liability in tort as a result of the sale of the Goods or Services.

15. Consequential Loss Etc.    

Subject to Clause 16, we will not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.

16. Non-Excludable Liability.    

Nothing in these conditions of sale shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.

17. Force Majeure.    

We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems,  exchange fluctuations,  epidemics,  governmental or  regulatory   reaction   and   natural   disasters.   If   the conditions   last   for   more than 2 months, the Agreement may be terminated by either party without compensation.

18. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

19. Entire Agreement.    

These   terms   expressly   incorporate   our   Privacy   Statement. Together, with our order confirmation, they contain the entire understanding and agreement between the Supplier and the Customer relating to the sale of Products to the Customer through this website. 

20. Acceptance Terms and Conditions

A hyperlink to these terms and conditions is prominently displayed at the bottom of the Website homepage. A further link is provided immediately prior to payment and a copy of these Terms are send with your order confirmation.

21. Indemnity

You agree to indemnify and hold the Supplier, its subsidiaries, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees (including any legal fees incurred in connection therewith), made by any third party due to or arising out of your use of the Website or in contravention of these Terms and Conditions by you.

Click here for our privacy statement.

22. Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

23. Our website Changes Regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

24. Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

25. Affiliations

In our online ‘shop’, we have compiled a list of recommended resources and tools to help you create a thriving human-centred business. We only recommend tools that we have used and continue to use in the UX business. We are committed to finding and recommending only items and tools that have given great knowledge and impact to doing UX in a more effective and mindful way.

Many of these links are affiliate links, which means we may get a commission if you purchase. However, none of the fees of these resources have been increased to compensate us. In fact, many of the creators of these resources have given us a special discounts that we get, to extend to you.

More info on amazon affiliation: https://affiliate-program.amazon.com/

26. No endorsements

From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert. 

27. Governing Law.    

These conditions of sale shall be governed by Irish law and the exclusive jurisdiction of the courts of the Republic of Ireland. The Vienna Convention on contracts for the international sale of goods is excluded in its entirety.