These Terms and Conditions apply to The Link-It Club. If you require Terms and Conditions for any other services, please email ryan@socialwithryan.co.uk.
The Link-It Club is an online membership provided by Social with Ryan Ltd, a company registered in England and Wales under company number 14591412, whose registered office address is 9 Ariel Close, Northampton, England, NN5 6YB (referred to as “the Company/we/us/our”).
Please read these Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before purchasing the Membership from us. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order from us.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means your account to access The Link-It Club;
“Confirmation” means our confirmation that the Membership has been accepted;
“Contract” means the legally binding contract formed in accordance with clause 2, which will incorporate, and be subject to, these Terms and Conditions;
“Membership” means The Link-It Club and any other materials to be provided by us to you;
“Member/You/Your” means you, the person entering into the Contract with us; and
“Paid Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, downloadable content and any other form of information capable of being stored in a computer that appears on or forms part of our Membership; and
“Website” means https://socialwithryan.co.uk/.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails and text messages;
1.2.2 a statute or a provision of a statute refers to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “Terms and Conditions” refers to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause refers to a clause of these Terms and Conditions;
1.2.5 “party/parties” refer to the parties to these Terms and Conditions;
1.2.6 the parties include their respective employees, agents and sub-contractors.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
1.4 Words imparting the singular number include the plural and vice versa. References to persons include corporations.
2. The Contract
2.1 These Terms and Conditions will form the basis of the Contract between you and us. Please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.2 All Memberships will be subject to these Terms and Conditions. A legally binding contract between you and us will be created upon our acceptance, indicated by our Confirmation. Confirmations will be provided in writing.
2.3 No terms or conditions stipulated or referred to by you in any form whatsoever will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
3. Your Account
3.1 Certain aspects of the Membership are provided via a third party platform (the “Platform”). You may be required to create an Account on the Platform, subject to separate terms and conditions. We cannot be held responsible for any errors, actions or omissions that may be made by or may occur as a result of your use of the Platform.
3.2 In line with clause 3.1, you must abide by the terms of use of the Platform, which may change from time to time. We cannot be held responsible where your access to the Platform is suspended and or terminated due to your breach of this.
4. The Membership
4.1 We do not warrant that your use of the Membership will be uninterrupted or error-free; nor that the Membership, and/or the information obtained by you from the Membership will meet your requirements.
4.2 The Membership is collaborative and may require input from you. You will need to carry out any agreed actions in advance of the next session, and to implement any advice given by us that you think would benefit you, in order to obtain maximum success from the Membership.
4.3 You will have access via the Platform to a collaborative space in which you can communicate and share ideas with other members. When using this, publishing information or interacting with other members, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory. Any failure to comply with this clause could result in the suspension or deletion of your Account and/or your Membership.
4.4 Unless otherwise agreed by us, we will carry out a monthly live session online. You will need to ensure you have an adequate and secure internet connection in order to take part in this. We cannot be held responsible for the quality and/or outcomes of the Membership in the event of technical or connectivity issues. It shall be your responsibility to ensure your availability for such sessions and no refunds or discounts shall be offered where you are unable to attend.
4.5 Where you cannot attend any session in line with clause 4.4, We may, at our sole discretion, agree to record a session and provide access to such recording to you.
4.6 We may agree to provide templates and/or graphics for you to use. It is your responsibility to check for mistakes, including spelling and grammar mistakes, in such and we accept no responsibility for the same. Please note that we additionally cannot be held responsible where you are dissatisfied with these due to a matter of personal taste.
4.7 In some circumstances, we may need to suspend access to the Paid Content (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the Paid Content. If we need to make more significant changes, we will inform you at least 30 days before the changes are due to take effect.
4.8 If we need to suspend availability of the Paid Content for any of the reasons set out in clause 4.6, we will inform you in advance (or as soon as possible if we need to suspend availability for urgent or emergency reasons) and explain why this is necessary.
5. Price and Payment
5.1 The price payable for the Membership is as stated on our Website. Payment must be made before the Paid Content will be available to you.
5.2 Unless otherwise agreed, payment of the membership fee shall be due monthly in advance.
5.3 All prices quoted are inclusive of VAT, where applicable.
5.4 All payments made will go through an online payment gateway provider, such as Stripe. No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
5.5 We may from time to time change our prices. Changes in price will not affect any membership that you have already paid for.
5.6 All prices include VAT, where applicable. If the rate of VAT changes we will adjust the rate of VAT that you must pay. Changes in VAT will not affect Memberships where we have already received payment in full from you.
5.7 The time for the payment is of the essence of the Contract. If you do not make payment to us by the due date, then without prejudice to any other rights or remedies available to us, we will have the right to suspend your Membership and charge you interest on the overdue sum at the rate of 8% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. We will also charge for any costs we may incur in attempting to recover any outstanding sum.
6. Problems with the Membership
6.1 If the Paid Content has faults, you are entitled to request we fix the problem. If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. Please note that we will not be liable if we informed you of the fault(s) or other problems with particular Paid Content before you accessed it, and it is that same issue that has now caused the problem or if you purchased the Paid Content for an unsuitable purpose that is not obvious or made known to us and the problem resulted from your use of the Paid Content for that purpose.
6.2 Any refunds due under this clause 6 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund, using the same payment method that you used when purchasing the Membership, unless you specifically request that we make a refund using a different method.
7. Intellectual Property Rights
7.1 We reserve all copyright and any other intellectual property rights which may subsist in, or in connection with, the provision of the Membership. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property rights.
7.2 Any documentation we may provide will be in our standard format only. If you require any bespoke or branded documentation, this will be chargeable.
7.3 We will retain ownership in all documentation and provided we have received all payments under the Contract in full, we will grant you a non-exclusive licence to use the documentation solely for your internal business purposes in connection with the Services provided. Under no circumstances may it be used in any other way, or reproduced, lent, sold or otherwise circulated without our express written consent.
7.4 You must immediately bring to our attention any infringement or suspected infringement of any of the intellectual property rights licensed to you of which you are aware and at our request, you will take such action or assist us in taking such action as we may deem appropriate to protect the intellectual property rights.
7.5 You acknowledge that you are responsible for any content you may submit via the Membership and post using your Account, including the legality, reliability, appropriateness, originality, and copyright of any such content.
8. Variations and Amendments
8.1 If you wish to vary the Services to be provided, please notify us in writing as soon as possible. We will use all reasonable efforts to make any required changes and will invoice you for any additional costs incurred as a result.
8.2 If we have to make any change in the arrangements relating to the provision of the Services, we will notify you immediately. We will aim to keep such changes to a minimum and will seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
9. Cancellation and Termination
9.1 Either party may cancel the Contract at any time by providing the other written notice to terminate at the end of the then-current calendar month. You should send any cancellation notice in writing by email to ryan@socialwithryan.co.uk.
9.2 Either party has the right to terminate the Contract immediately if the other party:
9.2.1 has committed a material breach of this Contract, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or
9.2.2 goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
9.3 If we suspend or terminate your Membership as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. Such suspensions or terminations can be appealed by contacting us in writing.
9.4 If we suspend or terminate your access to the Membership or the Contract for any other reason that is not a material breach of the Contract, we will refund you on a proportional basis. Access to any Paid Content will cease immediately from the date of termination.
9.5 Please note that access to the Membership and Paid Content will cease immediately upon termination of the Contract.
9.6 Any and all obligations of the parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of this Contract will survive termination under this clause 9 on a pro-rata basis.
10. Confidentiality: The parties agree that they will not use any confidential information provided by the other, except to perform their obligations under the Contract. Each party will maintain the confidential information’s confidentiality and will not share it with any third party, unless so authorised by the other party in writing.
11. Assignment and Sub-Contracting
11.1 You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.
11.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Contract, without your prior consent. In this event, we will be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
12. Liability and Indemnity
12.1 Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
12.2 Except as provided in clause 12.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained in the Contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are expressly excluded, to the maximum extent permitted by law.
12.3 We may recommend affiliates and other service providers to you and the ultimate decision regarding their suitability rests with you. If you decide to work with these, a separate contractual relationship will be formed between you and the third party, and we cannot be held responsible for their actions or lack of actions.
12.4 We cannot guarantee the success or outcomes of the Membership. We will provide you with suggested techniques, advice and guidance, however, we cannot accept responsibility for the application of such techniques, advice or guidance, or for any actions taken as a result, nor can we be held liable for any consequences should our advice not be taken.
12.5 In the event of a breach by us of our express obligations under the Contract, your remedies will be limited to damages, which in any event, will not exceed the total fees paid by you under the Contract.
13. Force Majeure: Neither party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond that party’s reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, pandemic, epidemic, act of terrorism or war, governmental action or any other event that is beyond the control of the party in question.
14. Data Protection
14.1 Both parties agree to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation and any subsequent amendments to them.
14.2 If you provide us with the personal data of any other person, you warrant that you have obtained the permission of that other person to pass their data to us. We will only collect, store and process it in order to provide the Services under the Contract and will not use it in any other manner without consent.
14.3 For further information, please refer to our privacy policy, available on our website.
15. Other Important Terms
15.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable).
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
15.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
15.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
16. Law and Jurisdiction
16.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
16.2 Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.