BOUDICIA RISING LTD GENERAL TERMS AND CONDITIONS

1 About us

We are BOUDICIA RISING LTD, a company registered in England and Wales under company number: 15487386. Our registered office is at: 86-90 Paul Street, London, England, EC2A 4NE.

2 How to contact us

You can contact us by sending an email to [email protected], Direct Messaging us via our Instagram @boudiciarising.

3 These terms

3.1 The following clauses are specifically brought to your attention, and you will be deemed to have read and agreed to them upon acceptance of these Terms and Conditions:

Clauses 10.2, 10.3, 10.7, 10.8, 13.3, 16.1, 18 and subclauses and 21 and subclauses.

3.2 These terms apply to any purchases you make from us. Please read these terms carefully before you place any orders with us, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.

3.3 For the purposes of these terms, you are a ‘consumer’ if you are buying services from us as an individual for purposes wholly or mainly outside of your trade, business, craft or profession.

3.4 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to BOUDICIA RISING LTD, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.

3.5 You must be at least 18 years old to place an order with us.

3.6 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

3.7 Please print out or save a copy of these terms and any communications from us for your records, as we will not save or file a copy for you. These terms are only available in English.

3.8 Your use of our services is governed by these Terms and Conditions.

4 Orders

4.1 Please check your order carefully and correct any errors before you confirm it with us.

4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy services from us on these terms.

4.3 Acceptance of your order by us takes place when we send you a Welcome email containing an order confirmation, at which point a legally binding contract is formed between you and us on these terms.

4.4 If we do not accept your order, for example because we are unable to take payment, the services are unavailable, you are under 18, or there has been a mistake regarding the pricing or description of the services, we will email you using the details you provided when you

placed your order. We have the right to reject any order for any reason.

5 Availability

All orders are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this

happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for any services that have not yet been provided.

6 Making changes to your order

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

7 Providing services

7.1 Descriptions of our services will be set out in the communications we undertake with you prior to you submitting an order offer to us.

7.2 We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process. But all services will be provided in the 12 months following the confirmation of your order.

7.3 For services provided over a period of time, any completion dates stated during the order process, or in your acknowledgment or confirmation emails, are estimates, but the full duration is limited to 12 months from the date of your order confirmation email.

7.4 The services may be delivered in three distinct formats:

7.4.1. The in-person element, being face to face events, will be provided at the location, and on the dates specified in your order confirmation email.

7.4.2. The group elements of the services are only available online. Where this is the case, it is specified in our order confirmation email. Online services will be provided via Zoom, it is your responsibility to ensure that you have suitable hardware and software to enable this.

7.4.3. Other elements of the service are provided via phone and/or messaging platforms, it is your responsibility to ensure that you have suitable equipment and software to enable this.

7.5 We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).

7.6 Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the services are delayed by 2 weeks OR more than the agreed period, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a full refund of any payments made in advance.

7.7 If you are a consumer, the services are provided to you for your domestic and personal use only. You must not use our services for commercial or business purposes.

8 Prices

8.1 Prices for our services are set out in our communications with you prior to order placement. All prices are in pounds sterling (£) (GBP).

8.2 Prices for our services may change at any time. Except as set out in clause 8.3 below, such changes will not affect existing orders.

8.3 If there has been an error in our communications regarding the pricing of any of our services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

9 Payment

9.1 We accept the following methods of Payment:
a recurring payment setup via Stripe,

or

an invoice/payment plan issued through Dubsado.

9.2 We require an advance payment as specified in our communications with you when you place your order. We will take this payment via the method agreed before we send you your order confirmation email. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.

9.3 We will invoice you for the remaining amounts as detailed in our Welcome email, sent to you. Your invoices will be sent to the email address you provided when you placed your order and should be paid upon receipt.

9.4 If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 8% percentage points per year above the Bank of England base rate.

10 Consumer cancellation rights

10.1 You have 14 days from the date of your order confirmation email to change your mind and cancel your order.

10.2 We will not provide any services during the 14-day cancellation period unless you request for us to do so in writing. We are under no obligation to accept your request.

10.3 If you request for us to start providing services during the 14-day cancellation period and we agree to do so, this will impact your cancellation rights as follows:

10.3.1 you lose your right to cancel once the services are fully performed and will not be entitled to a refund even if the cancellation period has not expired;

10.3.2 if the services have not been fully performed, but you have been provided with materials or you have commenced accessing the services you will have waived your rights to the 14-day cancellation period and will not be entitled to a full refund even if the cancellation period has not expired. Clause 10.7 will apply.

10.4 To cancel your order, please email us at [email protected]. You can also use the cancellation form supplied as part of your Welcome email. To help us process your cancellation more quickly, please have your order number ready or include it in the email or

cancellation form you send to us.

10.5 We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel. If services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained in clause 10.3 above.

10.6 We will issue your refund to the same payment method you used when you placed your order.

10.7 In the event of early termination by you, an Early Termination Fee will become due. The fee will be either:

a. 50% of the remaining contract balance; or

b. the total value of services rendered to date.

whichever is the greater.

The Early Termination Fee will be invoiced within 5 working days of your request for early termination and must be paid within 28 days of invoice.

10.8 You shall not be entitled to a refund for any face-to-face Event refer to clauses 6.1.3 and 7.5 of the contract issued to you. In cases of Event cancellation by us due to a Force Majeure Event, we will reschedule the Event and liaise with you in this regard
.

11 Faulty services—consumers

11.1 We must provide the services to you with reasonable care and skill.

11.2 In the unlikely event that a client feels the service has not been delivered with reasonable care or skill, they agree to contact the team directly in the first instance to resolve the issue.

11.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 10 above. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.

11.4 If there is a problem with a service we have provided to you, please contact us as soon as reasonably possible.

12 Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

13 Limitation of liability

13.1 We shall not be liable for any indirect, consequential, or special losses, including but not limited to loss of revenue, loss of business, loss of anticipated savings, loss of self- development opportunities, or any similar losses, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise.

13.2 We do not provide legal, financial, medical, spiritual, or investment advice. Any information, guidance, or materials provided by us as part of the services are for general informational purposes only and do not constitute professional advice. You are advised to seek independent professional advice in relation to any legal, financial, medical, spiritual, or investment matters.

13.3 Subject to clause 13.5, our total liability under or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by you for the services.

13.4 Nothing in this clause shall limit or exclude our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation; or

any other liability that cannot be excluded or limited by law.

We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

14 Your acknowledgement of limitations of liability

14.1 You acknowledge and agree that the limitations of liability set out in this Agreement are fundamental to the provision of the Services and form a condition of their use. You further acknowledge that we would not provide the Services without such limitations.

15 Indemnity for misuse of services

15.1 You shall indemnify, defend, and hold harmless Boudicia Rising Ltd from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your misuse of the Services, including but not limited to any breach of this Agreement or applicable laws.

16 No guarantee of specific outcomes

16.1 We do not warrant, represent, or guarantee that the Services will achieve any specific outcomes, results, or objectives. You acknowledge that the success or effectiveness of the Services may vary depending on individual circumstances and external factors beyond our control.

17 Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Notice available on our website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

18 Use of your name and images in promotional material

18.1 We may use your name, likeness, and/or images (including photographs, videos, or other visual representations) in its promotional materials, whether online or in hard copy, subject to the terms of this clause.

18.2 You grant us a non-exclusive, royalty-free, worldwide licence to use your name and images for the purposes of advertising, marketing, and promoting our services.

18.3 We shall ensure that any use of your name or images is in accordance with applicable data protection laws, including but not limited to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

18.4 We shall not use your name or images in any manner that is misleading, defamatory, or otherwise likely to harm your reputation.

18.5 You may withdraw your consent to the use of your name or images at any time by providing written notice to us in writing. Upon receipt of such notice, we shall cease using your name or images in any new promotional materials and shall take reasonable steps to remove your name or images from existing materials where practicable.

19 No third-party rights

No one other than us or you have any right to enforce any of these terms.

20 Complaints

20.1 If you are unhappy with us or the services we have provided to you, please contact us at [email protected].

21 Restrictive Covenants and Confidentiality

21.1 You shall not, under any circumstances, resell, distribute, reproduce, disclose, or otherwise make available to any third party any courses, materials, or other content provided by us as part of the services (& 'Materials') without our prior written consent.

21.2 You shall treat all Materials as strictly confidential and shall not use, copy, or disclose such Materials for any purpose other than as expressly permitted under these Terms and Conditions.

21.3 Any breach of clause 21.1 or 21.2 shall be deemed a material breach of this Agreement and shall entitle us to terminate this Agreement immediately upon written notice to you.

21.4 In the event that we become aware of any breach of clause 21.1 or 21.2, we reserve the right to pursue you or any third party involved in such breach on a full indemnity basis. This indemnity shall include, but not be limited to, all professional costs, legal fees, direct losses, and consequential losses incurred by us as a result of the breach.

21.5 Without prejudice to any other rights or remedies available to us, you agree that, in the event of a breach of clause 21.1 or 21.2, you shall be liable to pay us a minimum sum of 50% of your total package fee as liquidated damages, which the parties agree represents a genuine pre-estimate of the minimum loss likely to be suffered by us.

21.6 You shall notify us immediately upon becoming aware of any unauthorised use, distribution, or disclosure of the Materials.

21.7 The obligations set out in this clause 21 shall survive the termination or expiry of these Terms and Conditions.

22 Governing law and jurisdiction

22.1 Any disputes in relation to this agreement are subject to the exclusive jurisdiction of the courts of England and Wales.

23 General Terms

23.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

23.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

23.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

23.4 If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid, or unenforceable under applicable law, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired.

23.5 In the event that any provision (or part of any provision) is deemed illegal, invalid, or unenforceable but could be rendered legal, valid, and enforceable by the deletion or modification of certain parts, such provision shall apply with the necessary deletions or

modifications to the extent permitted by law.

23.6 The parties agree that they shall, in good faith, negotiate to replace any illegal, invalid, or unenforceable provision with a legal, valid, and enforceable provision that achieves, to the greatest extent possible, the intended commercial result of the original provision