Terms of Sale

TITLESPLIT.COM – TERMS OF SALE

BACKGROUND: 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content is sold and delivered by Us to clients through the titlesplit.com website, internet-based platform learning providers Kartra, Webinarjam, everwebinar owned and operated by Genesis digital LLC and the Zoom platform and in person collectively referred to as (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Product.  You will be required to read and accept these Terms of Sale when ordering a Product.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Product and access Paid Content through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  1.    Definitions and Interpretation 

1.1    In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase of a Product to access Paid Content, as explained in Clause 5;

“Client” means you

“Confidential Information”  may exist in many forms, including but not limited to, original, duplicated, computerised, memorised, handwritten or any other form of information, whether contained in materials provided to you by Us

“Paid Content” means the digital and in person content sold by Us through Our Site;

“Product” means a payment to Us to provide access to Paid Content.

“Product Confirmation” means our acceptance and confirmation of your purchase of a Product;

“Product ID” means the name of your Product and personal log in to your member centre; and

“Trade Secrets” means including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that (1) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy;; information regarding Our products, offerings, deals, methods, programmes, pricing or models, which are not generally available to the public; Our training and educational materials, policies and procedures, sales presentation materials, direct market solicitations, direct market responses, client lists and databases, marketing databases, pricing models and/or risk models; and any other information regarding Our business practices

“We/Us/Our” means Title Split Limited, a company registered in England under 12813014, whose registered address is 6 George Street, Driffield, East Yorkshire, England, YO25 6RA;

  1.    Information About Us

2.1    Titlesplit.com is owned and operated by Title Split Limited, a company registered in England under 12813014, whose registered address is 6 George Street, Driffield, East Yorkshire, England, YO25 6RA.

  1.    Age Restrictions

Clients may only purchase Products and access Paid Content through Our Site if they are at least 16 years of age.

  1.  Products, Paid Content, Pricing and Availability

4.1    We make all reasonable efforts to ensure that all descriptions of Products and Paid Content available from Us correspond to the actual Product and Paid Content that you will receive.  Please note, however, that due to the information covered being continually updated by our instructors, the description may vary from the delivery where the instructor has made time sensitive changes to their content for the user benefit.

4.2    We may from time to time change Our prices.  Changes in price will not affect any Product that you have already purchased but will apply to any subsequent renewal or new Product.  

4.3    Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content.  

4.4    In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content.  

4.5    Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Product to access the Paid Content.  Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

4.6    We make all reasonable efforts to ensure that all prices shown on Our Site are correct.  Changes in price will not affect any order that you have already placed (please note sub-Clause 4.8 regarding VAT, however).

4.7    All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  We will give you the option to purchase the Product at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 5 days, We will treat your order as cancelled and notify you of this in writing.

4.8    All prices on Our Site include VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

  1.    Orders – How Contracts Are Formed

5.1    Our Site will guide you through the process of purchasing a Product.  Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it. Once We have received your initial payment there will be a legally binding Contract between Us and you.

5.2    If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We may at our discretion cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.

  1.    Payment

6.1    Payment for Products must always be made in advance.  Your chosen payment method will be charged when we process your order and send you a Product Confirmation (this usually occurs immediately, and you will be shown a message confirming your payment).

6.2    We accept the following methods of payment on Our Site:

6.2.1    Payment via credit or debit card, processed by Stripe, you may review Stripes privacy policy and terms of business here https://stripe.com/gb/privacy;

6.2.2    Payment by voucher, where your Product or initial Product has been arranged by a third party agent;

6.2.3   Direct transfer to our account

6.3    If you do not make any payment due to Us on time, We will suspend your access to the Paid Content.  For more information, please refer to sub-Clause 7.5.  If you do not make payment within 5 days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.

6.4    If you believe that we have charged you an incorrect amount, please contact us at HarrietandRachel@titlesplit.com as soon as reasonably possible to let us know.  You will not be charged for Paid Content while availability is suspended.

6.5   Where we have agreed with you in advance that part payment will be paid into an escrow account – you agree to make the payment into the escrow account designated by Us within 2 working days of our written request for you to do so.

  1.    Provision of Paid Content

7.1    Paid Content appropriate to your Product will be available to you from the start date notified to you by Us and will continue to be available for a period of 12 months (subject to any renewals), or until you or We end the Contract.

7.2     You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).  Please see sub-Clause 10.1 for more information.

7.3    In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

7.3.1    To fix technical problems or to make necessary minor technical changes;

7.3.2    To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

7.3.3    To make more significant changes to the Paid Content, as described above in sub-Clause 4.5.

7.4    If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 7.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).  If the suspension lasts (or We tell you that it is going to last) for more than 10 days.

7.5    We may suspend provision of the Paid Content if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within 5 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you.  If We do suspend provision of the Paid Content, We will inform you of the suspension.  

  1.    Licence and Confidentiality and Trade Secrets

8.1    When you purchase a Product to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes.  The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).

8.2    The licence granted to you under sub-Clause 8.1 is subject to the following usage restrictions and/or permissions:

8.2.1    You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

8.2.2    You may not on sell any element of the paid content to any third party, you may not use any paid content to provide any similar coaching or training service to that you receive at Titlesplit.com.

8.2.3    You acknowledges that during the entire engagement with Us you will have access to and become acquainted with various types of confidential information, including Trade Secrets, proprietary information, inventions, innovations, processes, records and specifications used by Us

8.2.4 You agree shall not at any time or in any manner divulge, disclose, or communicate Confidential Information including Trade Secrets, proprietary information, inventions, innovations, processes, records and specifications used by Us to any third party whatsoever

8.2.5   Confidential Information is and shall remain Our property. You shall at all times retain Confidential Information in strict confidence. This obligation continues at all times during and after your contract with Us. Confidential Information does not become any less confidential or proprietary due to the information being memorised or copied or provided outside Our offices

  1.    Problems with the Paid Content

9.1    By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described.  If any Paid Content available through your Product does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.  

9.2    Please note that We will not be liable under this Clause 9 if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

9.3    If there is a problem with any Paid Content, please contact Us at HarrietandRachel@titlesplit.com or visit the contact page on Our Site https://titlesplit.com/pages/contact to inform us of the problem.

9.6    For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

  1.    Our Liability

10.1    If you are a consumer you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.  The period begins once We have sent you your Product Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Product Confirmation, whichever occurs first.

10.2    If you are a consumer you may have a legal right to end the Contract at any time if  We are in breach of it.  You may also be entitled to a full or partial refund and compensation.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

10.4    Our Paid Content is intended for non-commercial use only.  We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

10.5    Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

  1.    Contacting Us

11.1    If you wish to contact Us with general questions or complaints, you may contact Us by email at HarrietandRachel@titlesplit.com.

11.2    For matters relating the Paid Content or your Product, please contact Us by email at HarrietandRachel@titlesplit.com.

11.3    For matters relating to cancellations, please contact Us by email at HarrietandRachel@titlesplit.com.

  1.    Complaints and Feedback

12.1    We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

12.2    If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

12.2.1    By email, to HarrietandRachel@titlesplit.com;

  1.    How We Use Your Personal Information (Data Protection)

13.1    All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

13.2    For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

  1.    Other Important Terms

14.1    We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

14.2    You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.  

14.3    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 of Sale.

14.4    If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

14.5    No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

14.6    We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Product, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

14.7 .We do not, under any circumstances, warrant or guarantee the Client any specified results, amount of income that will be received or earned, or any other particular outcome or result of any kind.  Results that Client achieves are in no way, shape, or form, guaranteed by Us, or any of their respective agents, employees, independent contractors, subsidiaries, borrowed servants, or any third party.

 

14.8  DISCLAIMER.  IN NO EVENT SHALL WE BE LIABLE TO A CLIENT FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST OPPORTUNITY DAMAGES.  THE CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT NO OFFICER, DIRECTOR, EMPLOYEE, OR PERSON OTHER THAN US SHALL HAVE ANY LIABILITY UNDER THIS AGREEMENT.

 

14.9 Waiver. The failure of Company to enforce any provision of this Agreement cannot be construed to be a waiver of any breach of such provision or of the right thereafter to enforce same, and no waiver of any breach shall be construed as an agreement to waive any subsequent breach of the same or any other provision.  If Company fails to take action for any violation of this Agreement, such failure shall not constitute a waiver or estoppel as to

 

14.10 The Company has created and owns the rights to intellectual property, including without limitation, trade secrets and proprietary systems, methods, techniques, classes, tutorials, instruction, courses and materials for marketing, consulting, business coaching, sales development, and materials for the Services (collectively, the “Proprietary Information”).

 

14.11 No Disclosure.  During the term of this Agreement, and at all times thereafter, Client shall maintain the strictest confidence of Company’s Confidential Information.  Client shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other than the Parties to this Agreement, Company’s copyright information, trade secrets, intellectual property or other Confidential Information, except by express prior written consent of a duly authorised officer or director of Company, as the case may be.  Client will not make copies, videotape, record, photograph or transfer in anyway, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of Company, as the case may be.  Further, Client shall use Client’s best efforts and shall take all reasonable precautions to prevent the disclosure of Company’s copyright information. Trade secrets or other Confidential Information.  A breach of this provision includes but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or Proprietary Information.  Your information is confidential and our information is confidential.

 

14.12 Use of Client’s Likeness. Client agrees, consents and grants Company use of any, and all, of Client’s likeness, images, voice and testimonials, whether electronic or in writing, including, but not limited to, videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings, provided or derived from an interaction with Company, and/or that relates to services provided by Company, for use in the business of Company.  Client waives any, and all, causes of action in contract, tort, or the common law for Company’s use of Client’s likeness, images, voice and testimonials, whether electronic or in writing, included but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings that Client provides to, derived from an interaction with Company and/or that relates to the services provided by Company to Client.  This is to be used once the Company delivers services successfully.  This is so Title Split Ltd is able to share the success story with other prospects who might be considering working with Title Split Ltd.

 

 

  1.    Law and Jurisdiction

15.1    These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

15.2    If you are a consumer, you will benefit from any mandatory provisions of the law in England and Wales. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.

15.3    If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

15.4    If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.