1. Scope 

1.1 These terms and conditions apply to any person or company who purchases services and/ or products offered by Culture Cuppa, which is the trading name of Perfect Cuppa English Ltd, represented by Victoria Rennoldson.

1.2 By purchasing our services and products you agree to be legally bound by these Terms and Conditions (“Terms”).

1.3 These Terms must be read in conjunction with our privacy policy which is available on our website (“Privacy Policy”). We are committed to ensuring the security and privacy of your information and our Terms and Privacy Policy explain in more detail the categories of information we collect from you and the purposes for and the manner in which the information is processed and used.

1.4 Any reference to “you”/ “yours”/ “yourself” shall mean the purchaser of our products and/or services, and any reference to “Culture Cuppa”, “Perfect Cuppa”/ “us”/ “we”/ “our(s)” shall mean Culture Cuppa, which is the trading name of Perfect Cuppa English Ltd.

1.5 For the purposes of these Terms, Culture Cuppa and the purchaser shall collectively be referred to as “the Parties” and individually as “a Party”. 

Any reference to “Agreement” shall mean these Terms.

1.6 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1.7 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. Online Store Terms

2.1 By agreeing to these Terms of Service, you represent that you are at least 18 years old. 

2.2 You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.3 You must not transmit any worms or viruses or any code of a destructive nature.

2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

2.5 Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

3. General Conditions

3.1 We reserve the right to refuse service to anyone for any reason at any time.

3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

4. Modifications to the Service and Prices

4.1 Prices for our products are subject to change without notice.

4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. Products or Services  

5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

5.2 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

6. Accuracy of Billing and Account Information

6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7. Booking Confirmation

7.1 Your booking will be confirmed only upon receipt of the full payment. Payment of programme fees must be made in accordance with our payment terms outlined in clause 4.

7.2 All communications relating to bookings can be sent to victoria@culturecuppa.com

7.3 Please note that all our programmes booked online are delivered online.

8. Contractual Relationship

When you make book training with us and make payment for the programme fee to us, a contract comes into existence and the Parties are legally bound by these Terms and Conditions. 

9. Fees and Terms of Payment

9.1 For our programmes bought online, our standard terms are that payment is due to confirm the booking and to join the training.

9.2 Currency transfer fees: If applicable, please ensure that full payment is made, excluding

currency transfer fees. We shall not be liable to incur currency transfer fees.

9.3 Programmes/products being purchased via our website must be paid for upon check-out by any of the method(s) indicated on the website. 

9.4 You will see that we use third-party payment gateways to facilitate payment for our products and/or services. Please note that any third-party payment portal(s) you come across on our website are only service providers to us and we are not affiliated with them in any other manner. If you are paying us via a third-party payment gateway you should read their respective terms and conditions and privacy policy, as we are not liable for their terms of business and the way they collect and process your Personal Data.

10. Training programmes online: Cancellation/Refunds

We implement the following cancellation policy, following acceptance of these terms and conditions:

1.  Cancellations before 14 days before the planned date of the training, and before you have started any pre-joining online assessments or modules, are free of charge and you will be entitled to a refund for the amount paid. If before 14 days, and you have started the pre-joining online assessment or modules, then no refunds are allowed. 
2.  For cancellations under 14 days before the planned training date: no refunds are allowed. 

11. Non-attendance and late attendance 

11.1 If you do not attend a training session you have booked online, the meeting shall be deemed conducted and the meeting fee shall be chargeable. 

11.2 Each session has a pre-determined start and finish time. Every session will end at the pre-determined finish time even if you join a meeting late. 

11.3 Your trainer is entitled to ask you to leave a meeting in the event you display inappropriate behaviour that would not have been acceptable in any professional set-up.

12. Assignment 

12.1 You cannot assign or permit someone to be your substitute for training you have booked. 

12.2 You cannot transfer a training session to another individual. 

13. Disclaimers/ Limitation of Liability 

13.1 Disclaimers

1. a) Our services are restricted to the improvement of your communication or cultural skills only and should not be relied upon as an academic course or assistance in lieu of an academic course that one would normally seek at college, university and/or any other educational institution. 
2. b) Any comments made during coaching, training or programme delivery are expressions of opinion only. 
3. c) The results of our programmes differ for different individuals and the success of a programme is largely dependent on your own commitment and dedication towards the programmes, coaching and training. Previous results of our programmes, coaching and training can neither represent nor guarantee the same experience, level of progress or success of current or future attendees.

13.2 Limitation of Liability

1. a) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. 
2. b) Subject to the limitations contained in this paragraph 9, our total liability for any losses incurred by you shall not in any circumstances exceed the value of our services purchased by you. 
3. c) We do not assume liability for the outcome of the programmes/ coaching/ training, as, the result of the programmes, coaching and training depends on a number of factors including without limitation, your own commitment, discipline, motivation, and dedication towards your professional development.
4. d) We are not liable to you or any third party for any indirect, consequential, or special damages including loss of profits, loss of business, no economic success and/or loss of goodwill.
5. e) The programmes are intended for your use only and we shall not be held liable for reliance on it by any party other than you.
6. f) We do not warrant that our programmes, services, information and/or content included on or otherwise made available to you through our programmes, services, servers, or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our services, or from any information or content and/or services, included on or otherwise made available to you through our website, programmes or services, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing.

14. Force Majeure

Neither Party shall be liable for any delays or failures in performance due to circumstances beyond its reasonable control.  “Force Majeure Events” shall include: (i) explosions, fires, flood, earthquakes, catastrophic weather conditions, epidemic, pandemic or other elements of nature or acts of God; (ii) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage (including electronic sabotage and attacks); (iii) acts of local or foreign governmental authorities or courts including lockdowns and sanctions; and (iv) labour disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful, and (v) damage to business premises caused by an event beyond the Parties’ reasonable control and that renders the premises unfit for use, (vi) lack of access to the internet for prolonged periods, loss of data and/or server crashes. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by a Force Majeure Event, it shall promptly notify the other Party of the occurrence of a Force Majeure Event and describe, in reasonable detail, the circumstances constituting the Force Majeure Event and of the obligations, the performance of which are thereby delayed or prevented. If you are prevented from attending an individual meeting by reason of a Force Majeure Event and give prompt notice of it to us, we shall re-schedule the meeting without any liability to you, and notwithstanding the provisions of clause 6.1 and clause 6.3.

15. Data Protection 

15.1 Our Privacy Policy available at https://culturecuppa.com/privacy-policy/ explains in detail the categories of Personal Data we collect, the reasons for, and the manner in which we collect and process Personal Data. 

15.2 All data submitted when making a booking will be processed in accordance with our Privacy Policy.

15.3 If a booking is made on behalf of a third party you warrant that you have secured their express consent to their data being used for this purpose and have in place all relevant policies and processes to ensure compliance with all relevant legislation.

15.4 For the purposes of these Terms and our Privacy Policy, which should be read in conjunction with these Terms “Personal Data” shall have the meaning given to it under Article 4 of the GDPR.

16. Intellectual Property

16.1 We own the intellectual property to all our programmes, material, and programme content (“Assets”). 

16.2 You may use our intellectual property exclusively for the purposes of this Agreement and shall not make any unauthorised use including the reproduction, distribution, communication and/or sale of our Assets to third parties. Unauthorised use of our Assets shall constitute a breach of our intellectual property rights, entitling us to seek indemnification from the infringing party for any losses, and/or claims resulting from such breach and to seek damages, injunctions and/or any other remedies available to us under law and/or equity.

16.3 You agree not to manipulate the Assets and or any other material provided in relation thereto, digitally, or otherwise in a way that alters the final product created by us. 

16.4 You shall attribute Culture Cuppa for the Assets and services provided, including on social media platforms. 

16.5 For the purposes of promoting our Services and showcasing our portfolio of work, we are permitted to refer to you as our client and provide references of the services provided to you.

16.6 You agree that that the Culture Cuppa Trademark(s), logo(s) and creative content displayed on the website are the exclusive intellectual property of Perfect Cuppa English Ltd.

17. Confidentiality

17.1 “Confidential Information” shall refer to the Assets and any information disclosed by one Party to the other for the purposes of this Agreement, provided such information was not already known by the receiving Party, whether by reason of such information being part of the public domain or otherwise. 

17.2 Each Party shall keep the other Party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of this Agreement, and shall return it and/or destroy it on demand.

17.3 We may disclose your confidential information, to our employees, independent contractors, freelancers, consultants, partners or co-workers on a “need to know basis” only which means that we may disclose the Confidential Information only to those of our employees, independent contractors, freelancers, consultants, partners, or co-workers who need to know such information for the performance of services and/or for the conduct of our business.

18. Dispute Resolution, Jurisdiction and Governing Law

18.1 Any dispute between the Parties, arising from or in connection with this Agreement shall in the first instance, be attempted to be resolved by amicable settlement. If the dispute has not been resolved within thirty [30] days from the date on which attempts at amicable settlement began, the Parties shall mutually appoint a mediator, who shall be a neutral person with no ties to either Party. The cost of appointing the mediator shall be borne equally by both the Parties. The Parties agree to uphold, to the extent possible, the settlement arrived at, at the conclusion of mediation. Should mediation fail, the dispute shall be submitted to the exclusive jurisdiction of the courts of England. 

18.2 This Agreement shall be governed by the laws of England.

19. Variation

We may review, revise, or vary these Terms and the policies referred to within it from time to time to reflect the changing needs of the business and to comply with new legislation. We will notify our clients about any major changes to our Terms and Conditions. As a client you must ensure that you stay up to date with the Terms and Conditions.

20. Severability

These Terms are to be considered separately, and if any provision(s) of this Agreement should be found by any court of competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement. 

21. Exclusion of Third-Party Rights 

The Parties to this Agreement do not intend that any term under this Agreement should be enforced, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person is not a party to this Agreement.

22. Entire Agreement 

These Terms represent the entire agreement between the Parties.  If any employee or agent of Culture Cuppa has agreed to anything inconsistent with these Terms, these Terms will always take priority.