Cappfinity Customer Terms and Conditions
About us and these terms
Are you a business customer or a consumer? 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 products or services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- These terms are for consumers or sole traders. If you are a business customer, please find the relevant terms for you here.
- What these terms cover. These are the terms and conditions on which we supply our Strengths Profile tool and products to you (Product) and any training sessions.
- Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Product (or training session) to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Are you a business customer or a consumer? You will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
Information about us and how to contact us
- Who we are. We are Cappfinity Limited, a company registered in England and Wales. Our company registration number is 06802155 and our registered office is at 2230-2235 Regents Court The Crescent, Birmingham Business Park, Birmingham, West Midlands, United Kingdom, B37 7YE. Our registered VAT number is GB 883988836.
- How to contact us. You can contact us by writing to us at email@example.com
- How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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 Product or training session. This might be because the Product is unavailable for download, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the price or description of the Product.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Our Product and training sessions
- The Product is provided for information purposes only and for no other purpose.
- The Product should not be regarded as or relied upon as being a comprehensive opinion or assessment concerning your psychological well-being.
- Any decisions that you make once you have read the Test Result are for you alone and we will not be liable for the consequences of any such decisions.
- When you book a training session, the relevant details (such as date and time of the session) shall be provided to you during the order process.
Your rights to make changes
- If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Minor changes to the Products. We may change the Product:
- 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 Product.
- Updates to the Product. We may update or require you to update the Product, provided that the Product shall always match the description of it that we provided to you before you bought it.
- More significant changes to the Products and these terms. If we are unable to supply the Product to you or where we are going to make a significant change to the Product (such that it no longer matches the description that we provided to you before you bought it) we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
- Minor changes to the Products. We may change the Product:
In using the Products you agree that you will:
- not use the Product in any way that is unlawful, illegal, fraudulent or harmful;
- not use the Product in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- only upload and provide us with correct and accurate information;
- not upload any virus to the Product;
- not use any information through using the Product to create any software or product where the use is substantially similar to that of the Product;
- not use any information relating to the Product in any manner which would be restricted by any copyright subsisting in it;
- not use any information relating to the Product in any manner which would be restricted by any copyright subsisting in it;
- not use the Product to provide any similar or other services (to that offered by us) to third parties;
- not allow third party businesses to access the Product;
- not do anything that may negatively impact upon the Product or attempt to duplicate, copy, adapt, distribute, market, lease, create, derivative works from or re-sell the Product; or
- not attempt to reverse, de-compile, disassemble, reverse engineer or otherwise endeavour to reduce to human-perceivable form any of the Product (including any of the software (in or accessible through it)) or to discover or disclose the source code, methods and concepts embodied in the Product (including any of the software in or accessible through it) except as may be allowed by any applicable law which is incapable of exclusion by these terms and conditions.
- You shall indemnify us and will keep us indemnified against all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid upon legal advice in settlement of any disputes) suffered or incurred by us and arising as a result of any breach by you of clause 7.1.
- In using the Products you agree that you will:
Providing the Products
- When we will provide the Products. We will make the Product available for download by you as soon as we accept your order. If you have booked a training session, then the training session shall be provided to you at the date and time notified to you during the order process.
- We are not responsible for delays outside our control. If our supply of the Products or training session 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 Products or training session 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 Products or training session to you, for example, your name and country. If so, this will have been stated in the description of the Product or training session on our website. We will contact you in writing 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 (and clause 11.2 will apply) 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 Products or training session 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 Products or training session to you. We may have to suspend the supply of a Product or training session to:
- deal with technical problems or make minor technical changes;
- update the Product to reflect changes in relevant laws and regulatory requirements;
- make changes to the Product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of Products or training sessions. We will contact you in advance to tell you we will be suspending supply of the Product or training session, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product or training session 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 Product or training session in respect of the period after you end the contract.
- We may also suspend supply of the Products or training session if you do not pay. If you do not pay us for the Products or training session when you are supposed to (see clause 14.4) 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 Product or training session until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Product or training session. As well as suspending the Products or training session, we can also charge you interest on your overdue payments (see clause 14.5).
Your rights to end the contract
You can 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/or when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or get some or all of your money back), see clause 13; and
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2.
- If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
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 Products or training session 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 Product or training session or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the Product or training session you have ordered and you do not wish to proceed;
- there is a risk that supply of the Products or training session may be significantly delayed because of events outside our control;
- we have suspended supply of the Products or training session 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.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then you may 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. You do not have a right to change your mind in respect of:
- software after you have started to download or stream these; and
- services, once these have been completed, even if the cancellation period is still running.
How long do consumers have to change their minds? How long you have depends on what you have ordered and how it is delivered.
- Have you bought digital content for download (such as the Product)? 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 the Product. If we make the Product available to download for you immediately, and you agreed to this when ordering, you will not have a right to change your mind;
- Have you bought services (for example, a training session)? 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.
- You can 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/or when you decide to end the contract:
How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- 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 Products, by the method you used for payment. However, we may make deductions from the price, as described below in clause 11.2.
- When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 14 days from the date we confirm that we will be issuing you with a refund. Where you are a consumer exercising your right to change your mind then we will issue you with a refund 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 Product or training session 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 Products or training sessions, for example, your name and address; or
- you are in breach of any of the obligations set out in clause 7.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products 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 Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least seven (7) days in advance of our stopping the supply of the Product, however we will grant you access to the Product for a reasonable time after the date we stop supplying the Product. If a Product is fully withdrawn (i.e. not accessible) then we will refund any sums you have paid in advance for Products which will not be provided.
- We may end the contract if you break it. We may end the contract for a Product or training session at any time by writing to you if:
If there is a problem with the Product
- How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can write to us at firstname.lastname@example.org.
Your rights in respect of defective Products
- If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. 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 or call 03454 04 05 06.
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 are entitled to a repair or a replacement.
- If the fault cannot be fixed, or if it has not 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 have not used reasonable care and skill, you may be entitled to a repair or compensation,
See also clause 9.3.
Price and payment
- Where to find the price for the Product. The price of the Product or training session (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product or training session advised to you is correct. However, please see clause 14.3 for what happens if we discover an error in the price of the Product or training session 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 Product or training session, we will adjust the rate of VAT that you pay, unless you have already paid for the Product or training session 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 Products or training sessions we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's or training session's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's or training session's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. You must pay for the Products before you download them. Where you have booked a training session, you must pay for the training session at the time of booking.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
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; for breach of your legal rights in relation to the Product as summarised at clause 13; and for defective Products under the Consumer Protection Act 1987.
- 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. If you are a consumer we only supply the Product to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Intellectual property rights
- You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Products or training sessions available on our website. Except as expressly stated herein, this contract does not grant you any rights to, under or in, any intellectual property rights or any other rights or licences in respect of the Product or training session.
How we may use your personal information
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 contact you to let you know if we plan to do this.
- 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.
- 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 or training session, we can still require you to make the payment at a later date.
- Which laws apply to this contract. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in an EU member state then you can bring legal proceedings in the courts of your country of residence.