Last updated on 7 November 2024 

TERMS AND CONDITIONS

These terms apply when you sign up for “The Conflict Formula” online course through our website, being www.missclairebenjamin.com and any other websites we operate with the same domain name and a different extension (Website).

YOUR KEY INFORMATION 

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after ordering services online, in some cases, you can change your mind and get a full refund (Cooling-Off Period). Please note the Cooling-Off Period does not apply to Digital Downloads, including The Conflict Formula. We reserve the right to withhold delivery of The Conflict Formula until the Cooling-Off Period has passed. If you elect to receive access to The Conflict Formula before the expiry of the Cooling-Off Period, you agree to waive your right to cancel for a full refund.  

The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our services are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.  

If the services we have provided are faulty, you may be entitled to a refund or replacement.  

This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. 

The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully. 

If you have any questions about this contract or any orders you have placed, please contact us via the Website. 

1. HOW TO READ THESE TERMS

In these terms, we also refer to ANXPLACE LIMITED (Company Number 15285376) trading as MISS CLAIRE BENJAMIN as “our”, “we”, or “us”. And you are you! 

To make it easier for you to understand the terms on which we provide, and you use, The Conflict Formula, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English. 

When we say “The Conflict Formula” in these terms, we mean our online communication course titled “Conflict Formula” itself and any of the services provided during The Conflict Formula, including access to our video content and associated materials (Services). 

We may offer other services and online courses on our Website from time to time, and separate terms and conditions shall apply to those courses – please see our Website for details.  

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned. 

2. ACCEPTING THESE TERMS AND CONDITIONS

Before you enrol for The Conflict Formula, or otherwise engage with The Conflict Formula, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in The Conflict Formula. By clicking “accept” when you create an account, or otherwise proceed to engage with The Conflict Formula, you agree to be bound by these terms which form a binding contractual agreement between you and us (this agreement).  

3. ENROLLING FOR THE ONLINE COURSE

(a) To enrol into The Conflict Formula, you will need to create an account (Account) and pay the Fees   (as defined in clause 6(a)(i)).

(b) By creating an Account and paying the Fees or otherwise accessing The Conflict Formula (Course Enrolment) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and

(ii) you are authorised to use the debit or credit card you provide for your Course Enrolment.

(c) Enrolling in The Conflict Formula constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with The Conflict Formula that you have ordered in exchange for your payment of the total Fees listed upon checkout.

(d) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.

4. OUR COURSE

(a) The Conflict Formula is designed to teach you foundational skills that should enable you to de-escalate and manage workplace conflict.

(b) We will endeavour to ensure that The Conflict Formula provided will be substantially the same as The Conflict Formula as described on our Website.

(c) Once we have received payment of the Fees you will be granted access to The Conflict Formula. The Conflict Formula is provided in a pre-recorded video format in addition to other materials, to be viewed online through your Account however, they are not to be distributed, reproduced or republished by you in any way. Only PDFs supplied in The Conflict Formula and intended for download may be downloaded, for personal use only.

(d) You are responsible for managing your Account and ensuring that you only access and engage with The Conflict Formula in an appropriate manner.

5. YOUR ACCOUNT AND LICENCE

(a) You are granted lifetime access to The Conflict Formula from the date of your Course Enrolment and for as long as The Conflict Formula remains available on our Website or until your Account is terminated in accordance with these terms (whichever occurs earlier) (Course Term). In the event that we discontinue offering The Conflict Formula, the materials may, subject to our sole discretion, be made available for download following the discontinuation for such period as may be communicated by us to you. This lifetime access is subject to your Account not being terminated for any reason in accordance with these terms.

(b) You are granted a limited licence to use The Conflict Formula for your own personal, non-commercial purposes during the Course Term.

(c) You must not give access to your Account to any other person.

(d) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing The Conflict Formula to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in The Conflict Formulas, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

(e) Please note that all materials in The Conflict Formula, whether accessed via the Website or downloaded, are for personal use only. Redistribution, sharing, or dissemination of any materials without our prior written consent is strictly prohibited.

6. PAYMENT

(a) (Fees) The Fees for The Conflict Formula are as set out on our Website (Fees).

(b) The Fees must be paid at the time of your Course Enrolment and are not refundable for change of mind.

(c) (Changes to Fees) The Fees may be subject to change without notice prior to your Course Enrolment.

(d) (VAT) Unless otherwise indicated, amounts stated on the Website include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice to you.

(e) (Online payment partner) We may use third-party payment providers currently Stripe (Payment Providers) to collect Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider being www.stripe.com/gb/legal/consumer and Stripe’s Terms of Service with us will also apply to you https://stripe.com/gb/legal/ssa.

(f) To the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(g) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in The Conflict Formula at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.

7. VOUCHERS AND DISCOUNT CODES

(a) We may provide promotional offers and codes offering a discount on The Conflict Formula (Voucher). To use a Voucher, you will need to enter its code at checkout.

(b) A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.

8. DISCLAIMER

(a) While The Conflict Formula have been prepared with every effort to help you with your own unique situation, the information provided in The Conflict Formula is general in nature which is only designed to teach you about how you could have a constructive conversation.

(b) The Conflict Formula does not take into account your personal circumstances or specific goals. All information provided as part of The Conflict Formula is not intended to be professional advice of any kind and should not be relied on as such.

(c) Many factors will be important in determining whether you achieve any actual results in relation to your unique situation and there is no guarantee that you will be able to successfully resolve that situation or any other personal or business goals (whether communicated to us or not) within any timeframe or at all. You should obtain appropriate financial, legal and other professional advice before relying on the information provided during The Conflict Formula.

(d) We make no representation or guarantee that The Conflict Formula will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in The Conflict Formula you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your unique situation or otherwise by are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in The Conflict Formula may not meet your specific needs, circumstances or goals.

(e) The Conflict Formula is for training purposes only. We will not accept any responsibility to any party for the use of The Conflict Formula for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.

9. COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with The Conflict Formula, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy at missclairebenjamin.com contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

10 INTELLECTUAL PROPERTY

10.1 OUR IP

Intellectual Property Rights in The Conflict Formula and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

10.2 DEFINITIONS

For the purposes of this clause 10:

(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

11. CHANGES TO YOUR COURSE ENROLMENT

(a) Once we confirm your Course Enrolment, we generally do not allow for change of mind cancellations or refunds of your Course Enrolment unless otherwise agreed by us in writing.

(b) Nothing in this clause 11 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Consumer Rights Act 2015 (UK).

(c) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’) which are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

(i) contact us using the contact details at the top of this page; or

(ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

(d) Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

(e) If The Conflict Formula we have provided to you are faulty, please contact us via the Website.

12. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

Subject to your agreement of non-disparagement of us and The Conflict Formula, you may publish general information about what you have learnt from The Conflict Formula, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in The Conflict Formula. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

13. DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of The Conflict Formula will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

14. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

14.1 THIRD PARTY GOODS AND SERVICES

(a) To provide you with The Conflict Formula, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms).

(b) Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of The Conflict Formula.

(c) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of The Conflict Formula or any issues experienced in Course Enrolment.

(d) You have the right to reject any Third Party Terms but if you do, we cannot provide you with The Conflict Formula and you will need to cancel in accordance with this agreement.

14.2 THIRD PARTY CONTENT

The Conflict Formula may contain text, images, data and other content provided by a third party and displayed in the information provided through The Conflict Formula (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

14.2 LINKS TO OTHER WEBSITES

(a) The Conflict Formula may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on The Conflict Formula does not imply our approval or endorsement of the linked website.

15. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of The Conflict Formula. You should take your own precautions to ensure that the process that you employ for accessing The Conflict Formula does not expose you to risk of viruses, malicious computer code or other forms of interference.

16. REPORTING MISUSE

If you become aware of misuse of The Conflict Formula by any person, any errors in the material in The Conflict Formula or any difficulty in accessing or using The Conflict Formula, please contact us immediately using the contact details or form provided on our Website.

17. SERVICE LIMITATIONS

While we will use our best endeavours to ensure The Conflict Formula is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues: 

(a) The Conflict Formula may have errors or defects;

 (b) The Conflict Formula may not be accessible at times;

(c) messages sent through The Conflict Formula may not be delivered promptly, or delivered at all;

(d) information you receive or supply through The Conflict Formula may not be secure or confidential; or

(e) any information provided through The Conflict Formula may not be accurate or true.

18. NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

19. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Consumer Rights Act 2015 (UK) (CRA). Under the CRA, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

20. LIABILITY

(a) To the maximum extent permitted by law and subject to clause 20(a), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for The Conflict Formula.

(b) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(ii) to the extent this liability cannot be excluded under the Consumer Rights Act 2015 (UK).

(c) We are not responsible to you for any data that you lose either; (a) As a result of accessing The Conflict Formula; or (b) during completion of any The Conflict Formula via our website. It is your responsibility to back up all data which you hold on the computer to which you access The Conflict Formula. 

(d) We will not be held responsible for any delay or failure to comply with its obligations under the terms of this agreement if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

(e) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under this agreement including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect. 

21. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

22. TERMINATION

22.1 TERMINATION 

(a) You may terminate your Account at any time using the functionality of the Website.

(b) By terminating your Account, you terminate your Course Enrolment and will lose access to The Conflict Formula.

c) We reserve the right to cancel your Account at any time without notice to you if you breach, or we suspect you have breached, any terms of this agreement.

  terminating your Account, you terminate your Course Enrolment and will lose access to The Conflict Formula.

22.2 EFFECT OF TERMINATION

(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.

(b) A “Breach” of this agreement means:

(i) Your inability or failure to make payment of the outstanding Fees or outstanding Monthly Instalment(s) in full;

(ii) a party considers the other party is in breach of this agreement and notifies that other party;

(iii) the other party is given 10 Business Days to rectify the breach; and

(iv) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

 

22.3 EFFECT OF TERMINATION

Upon termination of this agreement: 

(a) your Account will be terminated and you will no longer have access to The Conflict Formula;

(b) each party must return all property and Confidential Information to the other party;

(c) each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and

(d) each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

23 GENERAL
 

23.1 GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

23.3 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

23.4 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

23.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

23.6 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

23.7 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

23.8 ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

23.9 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.