These terms and conditions (together with the documents referred to in it) tells you information about us and contains the legal terms and conditions on which we supply the Services and Materials to you.
In these Terms, the words “We” “Us” and “Our” refer to Fielding Financial Family Limited.
We strongly recommend you read these Terms carefully, as they will form part of the Contract between us. Please make sure you understand them, before subscribing to the Services. Our relationship is subject to these Terms and they impose certain responsibilities upon you and they exclude or limit Our liability to you in the event of loss or damage. Please note that by subscribing to the Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
Please tick the relevant box on the Order Form to indicate your agreement to these Terms. Please understand that if you do not accept these Terms you will not be able to subscribe for the Services.
1.1. When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control is defined in clause 12.2;
Face-to-Face Services means the seminars and mentoring course that We are providing to you (and any Materials accompanying them),
as set out in the “Property Investing Programme” information leaflet and described on the Order.
Order your order form for the Services as set out on the document accompanying these Terms.
Materials all data, materials, information, commentary and/or advice made available to you by or on behalf of Us (whether via the Media Services, the Face-to-Face Services or otherwise howsoever).
Media Services means the online courses, webinars, newsletters, digital media services and helpdesk services that We are providing to you (and any Materials accompanying them), as set out in the “Property Investing Programme” information leaflet and described on the Order.
Monthly Subscription has the meaning given in clause 8.3.2. Services means the Face-to-Face Services and the Media Services. Terms these terms and conditions on which we supply the Services to you.
1.2. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
1.3. Words in the singular include the plural and vice versa. A reference to one gender includes a reference to the other gender and the neuter.
2. Information about us
2.1. We are Fielding Financial Family Limited, a company registered in England and Wales under company number 07097619 and with our registered office at Moorgate House, King Street, Newton Abbot, TQ12 2LG. Our main trading address is 2 The Cider Warehouse, Bridge Court, Totnes, Devon TQ9 5DB.
2.2. Should you wish to contact us about these Terms, please do so using the following contact information:
2.2.1. Email: firstname.lastname@example.org;
2.2.2. Telephone: +44 (0)1803 869 869.
3. Our contract with you
3.1. These are the terms and conditions on which We supply Services to you.
3.2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
3.3. When you sign and submit the Order to Us, this does not mean We take place as described in clause 3.4. If We are unable to supply you with the Services (for example if there is an Event Outside Our Control), We will inform you of this in writing and We will not process the Order.
3.4. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order and when we have received payment from you (in full cleared funds) in accordance with clause 8.3, at which point a contract will come into existence between you and Us.
3.5. If any of these Terms conflict with any term of the Order, the Order will take priority.
4. Changes to Order
4.1. You may make a change to the Order for Services within 14 calendar days of placing an Order by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13.1 in these circumstances.
4.2. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13.
5. Providing services
5.1. You may only purchase Services from us if you are at least 18 years old.
5.2. We will supply the Media Services to you from the date we have accepted your Order for a period of 24 months. We will send you an email on the date we accept your order, which will include a username and password for you to use in order to access the Media Services via our website at www.fieldingfinancial.com Please note that some Media Services (e.g. the online courses) may not be available immediately, but will become available as you progress through and complete various stages of the Services. At the end of the 24 month period, the Media Services will cease to be available to you, save that you will continue to have access to the online courses (which form part of the Media Services) for a further 12 month period (i.e. 36 months in total).
5.3. We will contact you (via email or via telephone) to arrange the dates on which you are available to attend the Face-to-Face Services. We will provide the Face-to-Face Services to you over a period of approximately 24 months. At the end of the 24 month period, the Face-to-Face Services will cease to be available to you.
5.4. We will make every effort to deliver the Services on the dates we agree with you from time to time. However, there may be delays due to an Event Outside Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.
5.5. We will need certain information from you so We can provide the Face-to-Face Services, for example, dates that you are available to attend seminars or the dates that you are able to meet with your mentor. We will contact you via email or telephone about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, you acknowledge that this may prevent Us from delivering all or part of the Face-to-Face Services to you and therefore We may have to suspend/postpone delivery of all or part of the Face-to-Face Services (for example, we may have to postpone your attendance at a seminar or your meetings with your mentor). We will not be liable for any delay or non-performance of the Face-to-Face Services where you have not provided this information to Us after We have asked.
5.6. We may have to suspend the Services if We have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
5.7. If you do not pay Us for the Services when you are supposed to as set out in clause 7, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause
6. If there is a problem with the services
6.1. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Our “three strike” policy
We incur significant costs and expenses in arranging and providing the seminars (i.e. which form part of the Face-to-Face Services) to you, such as venue hire, catering and document copying costs. If you decide not to attend a seminar without notifying us, such costs and expenses will be wasted. Therefore, in order to minimise this wasted expenditure, we operate a “three strike” policy, as follows:
7.1. In respect of seminars forming part of the Face-to-Face Services that we have arranged with you as per clause 5.3 (“Booked Seminars”) if, on three occasions:
7.1.1. you do not notify us at least 24 hours in advance of a Booked Seminar, that you are not able to attend that particular Booked Seminar; and
7.1.2. you do not attend the Booked Seminar on the date agreed, we may elect to refuse the supply of further Booked Seminars to you
(which, for the avoidance of any doubt, shall not affect our obligation to
provide any other of the Services to you) and refer you to an equivalent part of the Media Services.
8. Price and payment
8.1. The price of the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
8.2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date that the contract between us is formed, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
8.3. You can only pay for the Services using a credit card, debit card, via bank transfer or cheque. All payments are subject to authorisation by your card issuer/account provider and we will only accept your Order and a binding contract will only be formed between us:
8.3.1. where you have chosen to pay for the Services in full in advance (i.e. via the one off payment referred to on the Order), when we have taken payment in full in cleared funds for the Services you have ordered; or
8.3.2. where you have chosen to pay for the Services via our twelve month monthly subscription (“Monthly Subscription”), when we have taken the first monthly subscription payment in full for the Services you have ordered.
8.4. Payment for the Services is in advance, instalments or via our Monthly Subscription.
8.5. If you choose to pay for the Services via instalments or our Monthly Subscription, payment will be taken from your account in accordance with the information set out on the Order. Until we have received payment in full for the Services and if any of your monthly payments fails, we may:
8.5.1. in respect of the Digital Services, withdraw your access to the Digital Services immediately, without issuing a refund to you for the payments you have already made;
8.5.2. in respect of the Face-to-Face Services, suspend performance of the Face-to-Face Services immediately, without issuing a refund to you for the payments you have already made.
9. Our liability to you (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
9.1. This clause 9, the disclaimer in clause 10 and clause 11 set out Our liability to you (including any liability for the acts or omissions of Our employees, agents, consultants and/or sub-contractors) in respect of:
9.1.1. any breach of these Terms, howsoever arising;
9.1.2. the Services, or any part of them (including any use made of them);
9.1.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
9.2. Nothing in these Terms limits or excludes the liability for either party for:
9.2.1. death or personal injury caused by negligence;
9.2.2. fraud or fraudulent misrepresentation; or
9.2.3. breach of the terms implied by sections 13, 14 and 15 of the Supply of Goods and Services Act 1982;
9.2.4. any other matter for which it would be unlawful for Us to exclude or limit or attempt to exclude or limit Our liability to you.
9.3. Subject to clause 9.2, if We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a natural, foreseeable consequence of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
9.4. Subject to clause 9.2, we shall not under any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution and/ or otherwise howsoever under any legal theory whatsoever, for any of the following losses (whether direct or indirect):
9.4.1. loss of profits, income or revenue;
9.4.2. loss of business;
9.4.3. depletion of goodwill and/or loss of reputation;
9.4.4. loss of contracts or loss of business opportunity;
9.4.5. loss or corruption of data or information;
9.4.6. payments (e.g. penalties) due to be paid/paid to any third party under any contract or arrangement;
9.4.7. wasted management and/or staff and/or office time;
9.4.8. loss of anticipated savings, nor any other special, indirect or consequential loss, costs, damages, charges or expenses suffered by the other party that arises out of or in connection with these Terms.
9.5. Subject to clause 9.2, Our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution and/or otherwise howsoever arising under any legal theory whatsoever shall in all circumstances be limited to and shall not exceed the price paid by you for the Services, calculated from the date you first notified Us of the claim in writing.
10. Disclaimer (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
We aim to ensure that the content of the Services and the Materials are consistent with our current knowledge and practice. However, tax, government and investment limits are subject to change and the data and information referred to in the Services and/or the Materials should be used for illustrative and/or educational purposes only. You acknowledge and accept that:
10.1. All material, information and/or advice made available to you during the course of the provision of the Services or any Materials or otherwise howsoever) is provided for your information only and may not be construed as financial or investment advice or instruction. None of the Materials and/or the Services are a recommendation as to how to invest in any product, property or other investment opportunity. Nor have the Services and/or any Materials been evaluated by the Financial Conduct Authority (FCA), or any authorised Independent Financial Advisor (IFA) or any other Government or financial body in any country. The Materials do not supersede any advice given by the FCA or any authorised IFA;
10.2. The Services and the Materials are based on our own research and experiences. The Services and the Materials are to be used for illustrative and/or educational purposes only;
10.3. The Services and/or the Materials are not tailored to your personal circumstances or requirements;
10.4. You should not use the Materials or rely on the Services as a means for generating income, improving your investment portfolio, improving your personal finances and/or reducing/paying your debts. You should (and it is your responsibility to) consult with an IFA or other independent and appropriately qualified financial advisor BEFORE making ANY investment or financial commitment or decision (including for the avoidance of doubt, before subscribing for the Services);
10.5. We (nor any of our officers, employees, consultants, agents and/ or representatives) do not provide financial advice, investment advice or financial/investment services of any kind;
10.6. We make no promises, assurances, warranties and/or representations that the use of the Services (or any part of them) will serve to generate income, increase your wealth/capital worth, improve your investment portfolio or personal circumstances or assist with reducing/ paying your debts. We make no promises, assurances, warranties and/or representations that any of the Materials and/or the Services (or any part of them) will be fit for any particular purpose or that the Materials and/or the Services (or any part of them) will be accurate or complete;
10.7. The Materials and/or Services are not a substitute for the consultation and/or advice provided by your IFA or other independent and appropriately qualified financial advisor;
10.8. You must not rely on the Materials and/or Services as an alternative to financial/investment advice and (subject to clause 9.2) we expressly disclaim all responsibility for, and shall have no liability for, any damage, loss, expense, injury or liability whatsoever suffered by you or any third party as a result of your reliance on any Materials and/or Services we provide to you;
10.9. If you have any specific questions or concerns about any financial/ investment matter, you should consult your IFA or your independent and appropriately qualified financial advisor as soon as possible;
10.10. You will not delay seeking or disregard financial/investment advice or discontinue any financial/investment services you are being provided by any third party because of the Materials we provide to you or because you have subscribed for the Services; and
10.11. You have not purchased the Services in reliance upon any warranty, guarantee, assurance, representation, promise, statement, term or condition which is not expressly set out in these Terms and no such warranty, guarantee, assurance, representation, promise, statement or any other term or condition is to be implied whether by virtue of any usage or course of dealing or otherwise except as expressly set out in these Terms.
11. Our responsibility for claims relating to third parties (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
11.1. During the provision of the Face-to-Face Services, you may meet:
11.1.1. independent third parties who are not affiliated with us and for whom we are not responsible; and/or
11.1.2. our speakers, mentors, other agents and/or sub-contractors. These individuals may offer to provide or provide you with investment opportunities, investment products, business opportunities and/or networking clubs which they offer independent of us and for which we have no responsibility and which are not part of the Services (“Third Party Offerings”).
11.2. We do not endorse or recommend any such Third Party Offerings and, to the fullest extent permitted by law, we disclaim all and any liability for any promises, assurances, warranties and/or representations made to you by those third parties (whether express or implied) concerning any Third Party Offerings and/or any contracts they enter into with you. You are not entitled to rely on any statements, representations or assertions made by any third party claiming our sponsorship, approval or endorsement of that third party or of their Third Party Offerings. Any decision made by you to participate in or purchase any Third Party Offering: (a) is between you and that third party; (b) is made at your own risk; and (c) is not our responsibility. You agree to release and hold us (including our officers, directors, employees, servants, sub-contractors and/or agents) harmless against any claims, losses, costs, liabilities, damages and/or expenses (including professional fees and expenses) arising from or in connection with your participation in or purchase of any Third Party Offering.
12. Events Outside Our Control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of Our suppliers and/or sub-contractors, or failure of public or private telecommunications networks.
12.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
12.3.1. We will contact you as soon as reasonably possible to notify you; and
12.3.2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in clause 13.
13. Your rights to cancel and applicable refund
13.1. Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 18 to your material disadvantage:
13.1.1. You have a legal right to cancel your Order by no later than the end of 14 calendar days from the day of the conclusion of the contract. This means that if you change your mind or for any other reason you decide that you do not want us to provide the Services to you, you can notify us of your decision to cancel the Services;
13.1.2. if you cancel an Order under clause 13.1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you;
13.1.3. You do not have to give us a reason for exercising your right to cancel during the 14 calendar day period referred to in clause 13.1.1. Advice about your legal right to cancel your Order is also available from your local Citizens Advice Bureau or Trading Standards Office;
13.1.4. To cancel your Order, you just need to let us know that you have decided to cancel within the 14 calendar day period referred to in clause
13.1.1. The easiest way to do this is to complete the cancellation form we provide to you when we accept your Order. A copy of the cancellation form can also be found on our website at www.fieldingfinancial.com/ cancellation-form. You can return your completed cancellation form to us by email to email@example.com or by post to Fielding Financial Family Limited, 2 The Cider Warehouse, Bridge Court, Totnes, Devon, TQ9 5NU. If you send us your cancellation notice by email, fax or post, then your cancellation is effective from the date you send us the email, send us the fax or post the letter to us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Upon cancellation, and subject to clause 13.1.5 and
13.1.6, we will (without undue delay and in any event within 14 days after which you inform us
of your decision to cancel) reimburse any payments received from you in connection with the said contract;
13.1.5. we will not start to provide the Services before the end of the 14 calendar day period unless you have expressly requested (on a durable medium, such as by email, paper or by signing the relevant section on the Order) that we start providing the Services;
13.1.6. if we have started to provide the Services (or any part of them) pursuant to a request under clause 13.1.5. and you exercise your right to cancel pursuant to clause
13.1.1, then We will charge you an amount in proportion to the Services you have received up to an including the time you informed us of your decision to cancel the Services, in comparison with the full coverage of the contract. We will tell you what these charges are when you contact us;
13.1.7. If we have started to provide the Services (or any part of them) pursuant to a request under clause 13.1.5, you acknowledge that you will lose the right to cancel the contract and that you will have to pay our charges in full if the provision of the Services has been fully performed within the 14 day cancellation period;
13.1.8. By signing and dating the Order, you are also agreeing that any 30 day period (referred to at regulation 42 in the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013) in which a contract should be completed, is not applicable and the contract period will run until the Services, as set out on the Order, have been completed review these Terms regularly to ensure you are aware of any changes we have made.
13.2. Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
13.2.1. We break this contract in any material way and We do not correct or fix the situation within fourteen days of you asking Us to in writing;
13.2.2. We go into liquidation or a receiver or an administrator is appointed over Our assets;
13.2.3. We change these Terms under clause 18 to your material disadvantage;
13.2.4. We are affected by an Event Outside Our Control.
14. Our rights to cancel and applicable refund
14.1. If We have to cancel an Order for Services before the Services start:
14.1.1. We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
14.1.2. If We have to cancel an Order under clause 14.1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
14.1.3. Where We have already started work on your Order for Services by the time We have to cancel under clause 14.1.1, We will not charge you anything and you will not have to make any payment to Us.
14.2. Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
14.3. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
14.3.1. you do not pay Us when you are supposed to as set out in clause 7.
14.3.2. you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
15. Intellectual property rights
All intellectual property rights in respect of the Materials and the Services remain the property of Fielding Financial Family Limited or its licensors.
16. How we may use your personal information
16.1. We will use the personal information you provide to Us to:
16.1.1. provide the Services;
16.1.2. process your payment for such Services; and
16.1.3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
17.1. Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at firstname.lastname@example.org, or by post to Fielding Financial Family Limited, 2 The Cider Warehouse, Bridge Court, Totnes, Devon, TQ9 5NU. We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. If you are a consumer and exercising your right to cancel under clause 13, please see that clause 13 for how to tell us this.
18. Our right to vary these terms
18.1. We may update or amend these Terms from time to time. Please time you and placed an Order with us.
19. Our right not to accept orders and applicable refund
19.1. We may decide not to accept an order from you for Services. If we do and if you have made any payment in advance for the Services, we will refund you the full amount you have paid as soon as possible.
20. Entire agreement
20.1. These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
20.2. Each party agrees that it shall 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. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms.
20.3. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
21.1. If any of the Terms of the contract between us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Terms will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Other important terms
22.1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
22.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
22.3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
22.4. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
22.5. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts in respect of such claims or disputes. We retain the right to bring proceedings against you in your country of residence or any other relevant country.