Terms & Conditions

PHOENIX INFINITY LTD – TERMS AND CONDITIONS

Our contact details:
Phoenix Infinity Ltd, a company established in England and Wales. Our company registration number is 16105699.
Geographical address: 124 City Road, London, United Kingdom, EC1V 2NX
Email address: [email protected]

1 Introduction

This website (Site) is operated by Phoenix Infinity Ltd, a company registered in England and Wales, with company registration number 16105699 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site.

2 Use of the Site

(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for Products through the Site unless you are at least 18 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights;
- (2) using the Site to defame, harass, threaten, menace or offend any person;
- (3) using the Site for unlawful purposes;
- (4) interfering with any user of the Site;
- (5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
- (6) using the Site to send unsolicited electronic messages;
- (7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- (8) facilitating or assisting a third party to do any of the above acts.
(d) All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at https://www.phoenixinfinity.co.uk/policies.

3 Accounts

(a) You must create an account in order to purchase the Products from us.
(b) You must ensure that any personal data you give to us when creating an account is accurate and up-to-date.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4 Orders

(a) You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including applicable charges and taxes).
(b) It is your responsibility to check the order details, including selected Products, delivery details and pricing, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.
(c) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email.
(d) Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.
(e) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

5 Price and payments

(a) You must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable).
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(e) Where you order the Products for delivery outside of the UK, you may need to pay custom charges or taxes in addition to the Price.
(f) We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6 Supply of the Products

In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

7 Delivery and title

(a) We will make the Products available to you for download on the earlier of 14 days after the date you place your order or the date that you have accepted the order if you instruct us to provide the relevant Products within the cancellation period noted in clause 8(b) .
(b) Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

8 Change of mind returns

(a) We offer refunds of Products for change of mind in accordance with this clause 8.
(b) You have 14 days after the day you place your order until you start downloading or streaming. We agree not to commence the provision of the relevant Products during this cancellation period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide the relevant Products within this cancellation period, this will be taken to be an express request by you, and you will lose your right to cancel if the relevant Products are fully supplied by us.
(c) Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should email us using the contact details at the start of these Terms, and you may use the Model Cancellation Form at Attachment 1.
(d) When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under clause 8 and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Products back from you.

9 Limitations on and exclusions to our liability

(a) The restrictions on liability in this clause 9 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
(b) Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
- (1) death or personal injury caused by negligence;
- (2) fraud or fraudulent misrepresentation; and
- (3) defective products under the Consumer Protection Act 1987.
(c) This clause 9(c) applies to the extent that the Products are digital content and you are a consumer. If the Products are defective and they damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
(d) Subject to clauses, 9(c) (damage caused by defective digital content) and 9(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
- (1) we only supply the Products for domestic and private use to consumers. Where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
- (2) if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms;
- (3) a Party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the negligent or unlawful acts or omissions of, or breach of these Terms, by the other Party; and
- (4) and without limiting your right to cancel these Terms under clause 8, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

10 Disclaimers

(a) You agree that any information contained on the Site and any materials provided with our Products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our Products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our Products and/or the Materials does not establish a doctor-patient relationship.
(b) You agree that any information contained on the Site and any materials provided with our Products (collectively Materials) are not intended to provide legal, tax or financial advice. We are not a financial planner, broker or tax advisor. The Materials are general information only. The Materials have not been adapted to your personal circumstances; your personal financial situation is unique, and any information and advice obtained through the Materials may not be appropriate for your situation. Accordingly, before making any financial decision or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who can provide you with personalised advice.
(c) You agree that any information contained on the Site and any materials provided with our Products (collectively Materials) are not intended to provide professional coaching. We are not a registered or professional life coach. The Materials are general information only. The Materials have not been adapted to your personal circumstances; your personal situation is unique, and any information and advice obtained through the Materials may not be appropriate for your situation. Accordingly, before making any career or personal life decision, you should consider obtaining additional information and advice from a professional life coach who can provide you with personalised advice.

11 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) You must not, without our prior written consent:
- (1) copy (in whole or in part) any of Our Intellectual Property;
- (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- (3) breach any intellectual property rights connected with the Site or the products..
(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
- (1) you do not assert that you are the owner of Our Intellectual Property;
- (2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- (3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- (4) you comply with all other terms of these Terms.

12 Content you upload

(a) We encourage you to interact with the Site and, where applicable, with us in our community! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.
(b) If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:
- (1) you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe a third party’s rights (including intellectual property rights, or rights of publicity or privacy) or breach any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

13 General

(a) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
(b) Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(c) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
(g) Publicity: you agree that, with your prior written consent, we may advertise or publicise the broad nature of our supply of the Products to you, including on our website or in our promotional material.
(h) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(i) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(j) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

ATTACHMENT 1 – MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date