Terms and Conditions
Terms and Conditions
The following terms apply if you are accessing the site as a customer in the United Kingdom or elsewhere in the world (excluding the United States).
These Terms and Conditions were last updated on 30th July 2019.
Welcome to Fabulogram.
These Terms and Conditions (“Terms”) apply when you use, access, or create an account on our website, www.fabulogram.co.uk (“Site”) and are the terms and conditions on which we supply products to you, whether these are goods, digital products, services, or digital content through our Site.
Please read these Terms carefully before using our Site and before submitting your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
Our Site is operated by Fabulogram Limited, whose registered office address is at Kemp House, 160 City Road, London EC1V 2NX, United Kingdom, (“we”, “us”, or “our”).
We will try to keep everything in these Terms as straightforward as possible, but if there is anything that concerns you or you do not understand, please get in touch with us by emailing contact@fabulogram.com. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order or account details.
We may update, modify, or replace any part of these Terms on a going-forward basis at any time. It is your responsibility to check this page periodically for changes. If any modification is unacceptable to you, you shall cease using the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
“User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website.
“Client”, a physical person who purchases a product or service or a moral person who purchases a licence for a product or service.
“Service Providers” mean independent third party service providers,
and “we”, “us” and “our” shall mean Fabulogram.
ACCESSING AND USING OUR SITE
Our Site is intended for use by you in your personal capacity, and may not be used in connection with any commercial endeavours. Professional licences for use of our site and digital products as a member of staff at a school, children’s nursery, playgroup or academic institution only (“Permitted Organisation”), can be purchased by contacting us directly at contact@fabulogram.com, and may not be used in connection with any commercial endeavours. Commercial organisations, companies, and/or businesses may not create an account and should not use our Site for any purpose, unless otherwise expressly permitted by us.
If you use the Site on behalf of a Permitted Organisation, including to order our products, you confirm that you are authorised to enter into these Terms on behalf of that Permitted Organisation and, in that case, you agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the Permitted Organisation.
You must be over the age of 18 (or the legal age of majority as required in your country or state of residence) (“Eligible”) to use, access, create an account on or purchase products from our Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are Eligible; (b) you have not previously been suspended or removed from use of our Site; and (c) your registration and your use of our Site is in compliance with any and all applicable laws and regulations.
CREATING AN ACCOUNT
To place an order on our Site, you may need to create an online account with us.
If you create an account, we will obtain certain personal information about you (such as your name, email address and other information you provide or have made publicly available).
When you create an account with us, you agree to provide accurate, current and complete information about yourself. You agree not to misrepresent any information relating to yourself or your identity. By providing us with your email address or phone number, (which will be treated in accordance with our Privacy Policy) you agree to receive all service-related notices electronically, including by SMS, to that email address or telephone number.
You are responsible for safeguarding your account and are responsible for activities that occur under your account. You must notify us immediately at contact@fabulogram.com if your password is lost, stolen, or disclosed to an unauthorised third party, or if your account has otherwise been compromised.
YOUR ORDER WITH US
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this by email and we will (i) not charge you for the product; or (ii) refund to you any sums you have already paid for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
PRODUCT ORDERS AND SUBSCRIPTIONS
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the digital products. Your product may therefore vary slightly from those images depending on the printer you will use.
Our products may be ordered as a “Standalone” purchase that is paid for upfront, or “bundle” purchase that is paid for upfront.
Standalone: when making a Standalone purchase, you will be charged for the entire product order at the time of purchase and the product will be delivered by email with your confirmation of purchase.
Bundle: By purchasing a bundle, you will be charged for the entire product order at the time of purchase, but delivery of the coaching sessions will take place over the 30 days following the purchase date.
OUR RIGHTS TO MAKE CHANGES
We may change our Site to comply with changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. We may change the products available through our Site to comply with changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the products.
DELIVERY
There are no delivery costs for all digital products.
Digital products will be delivered by email with your confirmation of purchase.
Online coaching sessions will be delivered within one month of the date of purchase, unless the coach is unavailable.
It is the responsibility of the Client to book the sessions on the online calendar link provided after the purchase. The 4 sessions are to be booked and used within 30 days after the purchase date.
Any session not used after that time will be automatically cancelled, and not eligible for refund.
Sessions can be booked up to 30 days in advance.
Sessions must be booked more than 48 hours in advance.
It is recommended that sessions are booked twice a week during two consecutive weeks for better results.
Sessions will start at the time booked and will end 15 minutes after the booked time.
If the client arrives late at a session, the session will stop at the time expected. The session will not be shifted forward.
If the client misses a session, the session will be deemed utilised, and not replaced.
If our supply of the products or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
You are responsible for the products you order once we deliver the products to the email address you provided us.
You will own the products you order once we have received payment in full and the products have been received by you.
We may have to suspend the supply of a product to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; make changes to the product as requested by you or notified by us to you.
LIMITED USER:
The User agrees and undertakes not to reverse, engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or software obtained from the Website. Limited reproduction and copying of the content of the Website (excluding all paid products and services) is permitted provided that fabulogram.co.uk’s name is stated as the source and prior written permission of fabulogram.co.uk is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Digital Products and services are licensed for personal use for one individual. Forwarding and distributing to others to use is against the terms of service and will result in the order becoming invalid. Such distribution breaches our copyright and intellectual property.
PRICE AND PAYMENT
The price of the product (which includes VAT, sales tax, or other applicable taxes) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct.
We will pass on changes in the rate of VAT (or applicable tax). If the rate of VAT (or applicable tax) changes between your order date and the date we supply the product, we will adjust the rate of VAT (or applicable tax) that you pay, unless you have already paid for the product in full before the change in the rate of VAT (or applicable tax) takes effect. For products shipped within the United States, please refer to the Terms and Conditions found here.
We accept payment by credit and debit cards as stated on our Site. You agree to pay the costs of the products and services as set out on our Site and accordingly authorise us or our third party payment processors to charge your payment provider for these products. If you have a credit account with us, you authorise us to make payment from this account for the products you order from us.
REFUNDS
Due to the nature of digital products, we can unfortunately not offer refunds or returns on any digital products once they have been purchased. If you are unsatisfied with the product or are facing technical issues or have any other concerns, please contact us at contact@fabulogram.com and we will be delighted to help resolve the problem.
Coaching sessions that took place cannot be refunded.
OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
Disclaimer Of Warranties/Limitation Of Liability:
fabulogram.co.uk has endeavoured to ensure that all the information on the Website is correct, but fabulogram.co.uk neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall exampapersplus.co.uk be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall fabulogram.co.uk be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, fabulogram.co.uk shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond fabulogram.co.uk’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us in accordance with our Privacy Policy, including:
1 to supply the products to you;
2 to process your payment for the products; and
3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
4 Please see our Privacy Policy for more information on how we handle your personal data.
WE ARE NOT RESPONSIBLE FOR THE CONTENT OF WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources, and, to the fullest extent permitted by law, we are not responsible for any third party service or the content therein.
USER-GENERATED CONTENT IS NOT APPROVED BY US
Our Site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users, please email us at contact@fabulogram.com.
INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by Fabulogram Limited. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Site are the property of us or our third party licensors. Except as expressly authorised by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site.
OTHER IMPORTANT TERMS
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and us regarding your use of the Site and any orders you place with us. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only assign or transfer your rights or your obligations under these Terms, to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”) and notify to you from time to time. You should check the Site regularly for updates and to see if any Additional Terms have been added All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
In the event that any provision of these Terms is deemed to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of the other remaining provisions.
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the local English courts in which you are resident. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.