BEING FREELANCE COMMUNITY T&Cs
MEMBERSHIP TERMS OF SALE – BEING FREELANCE
ABOUT THESE TERMS
What these terms cover. These are the terms and conditions on which we supply the Being Freelance Membership (“Membership”) to you via our website or through any other platform or software which we may utilise.
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 the Membership to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Key information. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these terms and on the sales page on our website for the Membership.
The key information we give you by law forms part of this contract as though it is set out in full here. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if youagree to it.
When buying the Membership from us, you also agree to be legally bound by the following documents:
· our Privacy Policy, and any documents referred to in it, which sets out the personal information we collect from you, how it is processed and who has access to it;
· our Community Rules and Guidelines, and any documents referred to in them, which set out the rules and guidelines by which all members of the Membership agree to be bound.
All of the above documents form part of this contract as though set out in full here.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are buying the Membership from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Being Freelance Ltd. We are registered in England and Wales under company number 14512401 and have our registered office at Launchpad Charringtons House, The Causeway, Bishop’s Stortford, Hertfordshire, CM23 2EN in the United Kingdom.
How to contact us. To contact us, please email us at steve@beingfreelance.com or via the Contact page on our site.
OUR TERMS AND CIRCLE’S TERMS
These terms are to be read and understood in conjunction with the Terms and Conditions, Terms of Services or Terms of Use of any platform we may utilise for the hosting or delivery of Membership content, including for the time beingCircle’s Terms of Service, a copy of which are available here.
You should ensure you have read Circle’s Terms of Service and agree to everything in them before purchasing the Membership.
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 Membership, 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 Membership;
· we are unable to meet a delivery deadline we have specified; or
· for any other reason and at our absolute discretion.
PRICE AND PAYMENT
Where to find the price for the Membership. The price of the Membership will be the price indicated on the order page when you placed your order on our website or on any other website or platform which we may utilise to take and process orders. We use our best efforts to ensure that the price of the Membership advised to you is correct. However please see below for what happens if we discover an error in the price of the Membership you order.
Discounted Memberships. We may offer Memberships at a reduced cost to people who fulfill particular criteria from time to time (“reduced-cost Memberships”). We are not obliged or obligated to offer reduced-cost Memberships to any particular member or for any particular period of time, and we may discontinue the availability of reduced-cost Memberships at any time and at our absolute discretion. A reduced-cost Membership is only available to the member who it has been offered to, and it is non-transferrable.
What happens if we got the price wrong. It is always possible that, despite our best efforts, the Membership may be incorrectly priced on relevant order pages. We will normally check prices before making the Membership available for purchase. If, however, we discover that the Membership 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 Membership (which may involve us refunding the lower price you have paid, and you then re-purchasing the Membership 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 the Membership, you must pay:
· at the time of ordering, if it is an annual payment for the Membership. By purchasing the Membership on an annual basis, you acknowledge and agree to being charged an ongoing recurring annual fee, which will be automatically deducted from your chosen credit card or debit card. This ongoing annual 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; or
· on the monthly billing date as advised to you in the email acceptance of your order, if the Membership is paid for on a monthly basis. By purchasing the Membership on a monthly basis, you acknowledge and agree to being charged an ongoing recurring monthly fee, which will be automatically deducted from your chosen credit card or debit card. 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 MEMBERSHIP
Minor changes to the Membership. We may change the Membership:
· 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 Membership;
· to add additional content, or remove content that is no longer relevant to the Membership.
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 Membership. We are the owners or licensees of all intellectual property rights in the website, the branding, and the Membership you purchase, including any databases that hold relevant information about the website or the Membership. These rights are protected by copyright or trade mark registration and you may only use the Membership, or any part of them, in accordance with these terms.
Upon payment of the price for the Membership we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Membership and the Membership content 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 Membership content, or part of the Membership content, that you purchase from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to terminate your access to the Membership and take further legal action if such a breach occurs.
PROVIDING THE MEMBERSHIP
We will supply the Membership to you until either the Membership is complete 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 may use or rely upon third parties to facilitate our provision of the Membership. We may use Circle as the platform on which the Membership will live and through which Membership content will be shared. We may add, remove or otherwise change at any time and for any reason the third parties we use to facilitate our provision of the Membership, or any element of it. You may be required to sign up to, create accounts with, provide personal information to or otherwise engage with some or any of these third parties in order to access and use the Membership. We are not responsible for these third parties, and please be aware that you engage with these third parties entirely at your own risk.
We are not responsible for delays outside our control. If our supply of the Membership 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 time in the Membership you have paid for but not received.
Reasons we may suspend the supply of the Membership to you. We may have to suspend the supply of the Membership to:
· deal with technical problems or make minor technical changes;
· update the Membership to reflect changes in relevant laws and regulatory requirements;
· make changes to the Membership as requested by you or notified by us to you;
· for any other reason and at our absolute discretion.
Your rights if we suspend the supply of Membership. We will contact you in advance to tell you we will be suspending supply of the Membership, unless the problem is urgent or an emergency. If we have to suspend the Membership, we will adjust the price so that you do not pay for the Membership while it is suspended. You may contact us to end the contract for the Membership 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 Membership in respect of the period after you end the contract.
We may also suspend supply of the Membership if you do not pay. If you do not pay us for the Membership 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 Membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Membership. We will not charge you for the Membership during the period for which they are suspended.
YOUR RIGHTS 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 part of the Membership which has not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the Membership or these terms which you do not agree to;
b) we have told you about an error in the price or description of the Membership and you do not wish to proceed;
c) there is a risk that supply of the Membership may be significantly delayed because of events outside our control;
d) we have suspended supply of the Membership 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
e) you have a legal right to end the contract because of something we have done wrong.
Ending your contract. Where you have agreed to pay a monthly fee for ongoing for the Membership, 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 two (2) days before the next billing date for which you are scheduled to pay the monthly fee for the Membership. If you do not provide us with at least two (2) days’ notice of your intention to cancel your contract, you will be charged the next scheduled monthly fee in accordance with these terms.
Where you have agreed to pay a one-off annual fee for the Membership, you will not be entitled to a refund unless:
· you change your mind and cancel your contract with us within 14 days of purchase, as explained in more detail below, or
· one of the reasons set out in the section above entitled “Ending the contract because of something we have done or are going to do” apply.
Cancellation of your contract for the Membership for any other reason will not entitle you to a refund.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most digital products or services bought online, including this Membership, 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.
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, or, if earlier, until you start downloading or streaming the Membership content.
HOW TO END THE CONTRACT WITH US
Tell us you want to end the contract. To end the contract with us, you can cancel your Membership directly via your Being Freelance account on Circle. If you have any issues with cancelling your Membership, you can let us know by emailing us at steve@beingfreelance.com
You may also end your contract with us using the model cancellation form below, but you are not required to:
Cancellation form
To Steve Folland
Being Freelance Ltd
Launchpad Charringtons House
The Causeway
Bishop’s Stortford
Hertfordshire
CM23 2EN
United Kingdom
I hereby give notice that I cancel my contract of sale of Being Freelance Membership, 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 Membership 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 Membership 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 between us for the Membership at any time by writing to you if:
a) 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;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Membership;
c) we, in our absolute discretion, have reason to believe that you have breached our Community Rules and Guidelines, a copy of which is available here.
We may withdraw the Membership. We may write to you to let you know that we are going to stop providing the Membership. We will let you know at least one (1) month in advance of our stopping the supply of the Membership and will refund any sums you have paid in advance for the Membership.
IF THERE IS A PROBLEM WITH THE MEMBERSHIP
How to tell us about problems. If you have any questions or complaints about the Membership, please contact us via email at steve@beingfreelance.com
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
If you are a consumer 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 Membership. 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:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) 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.
c) 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:
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.
YOUR RESPONSIBILITIES IN RELATION TO THE MEMBERSHIP
You have certain responsibilities in relation to the Membership. You agree that you are purchasing the Membership 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 Membership content, or part of the Membership content, 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 Membership content, or part of the Membership content, you purchase through from us.
You are responsible for ensuring that any hardware you use to download and/or access the Membership functions correctly with the Circle website and app, or any alternative platform on which we make the Membership 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 members of the Membership (“Members”) may share personal and sensitive information, and you may have access to this personal and sensitive information in your time in the Membership. 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 consider the security of any information you share in the Membership. We further recommend against sharing any personal information or any information which could be used to identify you or members of your family, especially children. Please be aware that we do not have any child protection mechanisms in place to guarantee the security of any information, including photographs or any other media, that is shared within the Membership. You acknowledge and agree that any information you share in the Membership is done so entirely at your own risk. We take no responsibility or liability for the release of any information by any members.
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 Membership. You acknowledge and agree that we are not licensed psychiatrists, psychologists, mental health professionals, medical professionals, paediatricians, business experts, finance experts or any other provider of professional services, and the Membership is not intended to replace the services of such professions. We do not guarantee any specific outcome from your use of or participation in the Membership, nor from your use of or reliance on any Membership content created by us or supplied by third parties.You understand and 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 Membership or the Membership content.
The content is for informational purposes. The content in the Membership is provided for informational and educational purposes only. Whilst all information and content are provided in good faith, we do not warrant or guarantee the accuracy or completeness of any information or content in the Membership. The information and content in the Membership are not to be substituted for processional advice regarding your legal or financial obligations in the state or country you live in. Any information about legal or regulatory mechanisms are based on the current situation for freelancers and contractors in the United Kingdom at the time of sharing. You are at all times wholly and solely responsible for ensuring you comply with any local or national laws regarding self-employment and contracting.
You are responsible for any in-person or virtual meetings you organise, facilitate or attend with other Members. You may choose to organise, facilitate or attend in-person or virtual meetings (“Member Meetings”) with other members either in public spaces, private spaces or in your own home or work spaces. You are welcome to do so. However, we note that we are not liable or responsible for these Member Meetings, and we will not be liable or responsible for:
a) death or personal injury, or
b) losses or damages sustained,
by you or by anyone organising, facilitating or attending Member Meetings. You agree to hold us harmless from any and all claims, demands, damages, or rights of action that may arise from injuries, losses or damages which you sustain in connection with organising, facilitating or attending Member Meetings. If you choose to organise or facilitate Member Meetings, please ensure you have all appropriate permissions and insurance coverages in place to protect you and anyone attending the Member Meetings.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
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:
a) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
b) for fraud or fraudulent misrepresentation; or
c) for breach of your legal rights in relation to the Membership.
We are not liable for business losses. If you are a consumer we only supply the Membership to you for domestic and private use. If you use the Membership or the Membership content for any commercial, business or re-sale purpose our liability to you will be limited as set out below.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for:
d) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
e) fraud or fraudulent misrepresentation;
f) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to the clauses above,
a) we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Membership under this contract.
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. If you have any queries about how your personal information is dealt with, or you would like to exercise any of your rights in relation to personal information that we hold about you, please contact us via email at steve@beingfreelance.com
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 access to the Membership or any of the Membership content, 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 Membership in the English courts.