Terms & Conditions

The following Terms and Conditions govern use by all persons of any and all of HEFON materials, products, services and websites.
Please make sure you read the following carefully because by accessing our website(s), content, our products or services you are agreeing to abide by these Terms and Conditions of Use.
We may change or modify any of these terms and conditions at any time but we will provide you with notice on our website. Your continued use of or access to our website(s), materials, products and services shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification.
We are committed to protecting your data and to complying fully with the terms of GDPR 2018. We will not sell, share, or rent your data to any third party.
 
DEFINITIONS
You: refers to the member/client or You as the Director/Agent of the business: By accessing the Site you are deemed to have accepted these terms. Where the context so requires, YOU or YOUR includes your Authorised Users.
Us, We, or Our: HEFON Limited incorporated and registered in England and Wales. You can contact us via email at support@hefon.org or by writing to us at Suite 2A, Blackthorn House, St Pauls Square, Birmingham B3 1RL.
Agreement: the terms and conditions set out in this document, any variations agreed between us, and any additional terms notified before use of the Services.
Authorised Users: Authorised Users includes any person in your business that we have agreed with you is or are to benefit from your subscription, membership or service you have purchased.
Intellectual Property Rights: These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.
Subscription: this is the term we use to describe the services you have purchased from us.
Services: includes hosting services and provision of know-how, as the context requires, that we provide to allow you to access and use the material, information, content and know-how.
Software: The software provided by us or by our suppliers which enables you to use the Services, including data schemas, data models, databases and the like.
Start Date: The date the Subscription Period /Service starts.
Subscriber Data: The data input by you or given to us by you.
Subscription Fee: The subscription fee for any and all of the Services we provide to you.
Subscription Period: The period in respect of which a Subscription Fee is payable for any Service.
 
SUBSCRIPTIONS
You can subscribe to any of our services by registering online via our website by using our online ordering process, by completing a form in person or through confirming your purchase with one of our team members who will complete the order on your behalf.
Subscriptions include, but are not limited to:
HEFON Basic Membership
HEFON Essential Membership
Start-up to 12 Month Coaching
Inside Track Coaching
Mastermind Coaching
Richards 1:1 Clients
Our Services
The Owners Academy 
We will send you written email confirmation of your order and where appropriate, an account name and password for you and any authorised users. A link to these terms and conditions will be included in the email we send to you. Your use of, or access to materials, products, and services that form part of the subscription you have purchased, shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification until such time as you have exercised your rights to terminate the service in line with the termination clause set out in the Termination section of these terms and conditions.
Terms relating to the Payment of your subscription are set out in the Charges and Payment section of these terms and conditions.
 
AUTHORITY AND LICENCE
We authorise you and your Authorised Users to have access to our content and materials in accordance with your chosen Subscription option and for which You agree to pay us the Subscription Fee.
This Agreement (including the licences hereunder) starts on the Start Date of your subscription and ends on the first of the following events:
The end of the Subscription Notice Period (unless terminated otherwise in accordance with these terms and conditions); or termination of this Agreement (again, in compliance with these terms and conditions)
For the avoidance of doubt, the start date of your subscription commences on the date of purchase unless otherwise stated in the Clause specific to the service you purchased found within these terms and conditions.
We hereby grant you based on these terms and conditions a non-exclusive, non-transferable licence to access our material and content solely for your hospitality business’ purpose (and for the avoidance of doubt, nothing in these terms grants to you any rights whatsoever in or relating to the source code of the Software or any Intellectual Property Rights).
We confirm that we have all the rights in relation to the software, material and content that are necessary to grant all the rights we purport to grant under these terms and conditions.
You may search, view, copy and print out material from our website(s) for your own hospitality business’ purposes only. You may not re-package or re-sell the content or information in any format without prior written agreement from us.
 
YOUR OBLIGATIONS
You will, and will take reasonable steps to ensure that Authorised Users will, comply with the terms of use of the Services in this Agreement and do not copy, distribute, transmit or otherwise reproduce, sell or resell any of our content or material from any of our websites or other sources; store such material in any form or medium in a retrieval system; or transmit such material, directly or indirectly, for use in any paid service such as document delivery or list serve, or for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use or for a fee or free of charge.
You will take reasonable steps to ensure that nobody other than Authorised Users accesses the know-how or Services using accounts created with Your username and password.
You acknowledge and agree that we and our licensors own all Intellectual Property Rights in the Software, the content, the know-how and the Services. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software, know-how, Services or any related documentation.
You are solely responsible for the appropriate use and adaption of our know-how for your own use.
You recognise and accept that in our know-how we are not providing professional advice (e.g., such as would be given by a solicitors’ firm or accountant). You must ensure that you seek independent professional advice before implementing any know-how.
If your subscription requires us to work within your business or personal online accounts, in agreeing to these terms and conditions, you are confirming that you have the right to provide us with, and are allowing us to access, operate and manage the specific element of that account relevant to the subscription you have purchased. You agree to indemnify and hold us harmless from all third-party claims, liabilities, damages and expenses arising from breach or representation, any content or services linked to you and/or any of your business activities not arising from our acts or omissions.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
By submitting yours and Authorised Users’ personal information to us or our agents, you agree, and confirm your authority from such other individual, to our collection, use and disclosure of such personal information in accordance with our privacy policy which is available on our website.
If we provide links to third-party websites, we disclaim all responsibility and liability for the content of such third-party websites. Authorised Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.
 
OUR OBLIGATIONS
The content provided and delivered to you has been developed from our experience and expertise. However, we do not give any guarantee or promises or warranty with regard to the results, sales or profits that you will see from putting into practice the techniques and strategies that we teach or support you to implement. Lots of factors will impact the results you get including the time and effort put in, your past experience, skills and reputation.
You agree that the decision to purchase your Subscription has been taken solely based on your personal judgement and that no representation, warranty, inducement or promise, express or implied, has been made by HEFON Limited or relied upon by you in purchasing the Subscription(s).
No oral or written information or advice given by any of our team will supersede this agreement. You assume sole responsibility for results obtained from the use of our content and for conclusions drawn from such use.
We shall have no liability for any damage caused by errors or omissions in any information, instructions, scripts or materials provided by you in connection with the Services, or any actions taken by us at your direction; and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
We warrant that you will not infringe any third-party intellectual property rights by using the material and know-how provided and we will indemnify you against losses, costs or expenses You may incur as a result of any claim that the use by you of the know-how and material infringes any third-party intellectual property rights, provided you notify us within a reasonable time of any such claim being made. This warranty and indemnity are unlimited.
We will take reasonable steps to ensure that Software and data files we supply to you as part of the Service are virus-free. However, You should use your own virus protection software and cyber security arrangements.
We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. However, we assume no liability for any losses you may suffer as a result of any downtime and the Subscription Fee is non-refundable.
Any guarantees offered by us for specific products are set out in the Subscription Guarantee section of these terms and conditions.
 
LIMITATION OF LIABILITY
Our company, or any member of our team, will not be liable to you, or any other entity, for actions taken in good faith, unless fraud, gross negligence or wilful misconduct is determined.
We are not liable for any delay or failure in the performance of any of the services or for any loss due to any cause beyond our reasonable control.
We will not be liable for any amount in connection with this agreement in excess of the amount paid to us in Monthly Fees during the three-month period prior to the date the action arose.
Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Subject to our General Provisions section:
We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Fee during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
We shall have no liability for the performance of any businesses other than HEFON Limited. Any other businesses featured or mentioned on our websites or in our materials are used at your own risk and you should do your own due diligence before entering any arrangements or contracts with them. Just because a business is mentioned or promoted by HEFON Limited for instance, doesn’t mean that they are any good or that they maintain the same high values and ethics as we do.
We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, or inclement weather conditions.
CHARGES AND PAYMENT
The Subscription Fee will depend on which Subscription Option you choose. The prices for each Subscription Option are as set out at the point of sale for that Subscription or on our website from time to time.
VAT at the prevailing rate is due on top of each subscription fee.
Payment is due at the point of sale and, where appropriate by monthly or periodic credit card or direct debit payment thereafter.
If you sign up for a fixed length contract (e.g., a 12-month coaching programme), should you choose to cancel your subscription before the end of the Subscription Period, you are still liable to pay the Subscription Fee in full. We do not give, and you are not entitled to receive, any pro-rata refunds. Please refer to the Cancellation and Notices section – for information about cancelling your Subscription.
Similarly, if you have opted to spread the payments for a product or service over multiple instalments then you are liable for, and committed to, making ALL the instalment payments. You cannot cancel or walk away with instalment payments outstanding.
Where available you can choose to pay in instalments by selecting the Instalment Option during the ordering process. When we confirm your order, we will confirm your instalment payment amounts and dates.
Instalment payments by any method other than automated Credit Card payment or Direct Debit will incur an additional fee of £25+VAT per month.
Should any Direct Debit/Credit Card payments be returned unpaid you will incur an additional charge of £50+VAT per payment to cover the costs of administering and chasing collection.
ALL subscriptions will renew automatically at the end of each Subscription Period in line with the specific terms associated with that service or subscription unless agreed otherwise in writing. Please refer to Cancellation and Notices section – for information about cancelling your Subscription.
Payment for renewals is processed automatically on the day of renewal and once processed is non-refundable.
If a payment for a subscription is missed for any reason, we will contact you to arrange for the payment to be taken. If we cannot get in touch with you then we will set up an automated payment plan to pay for the missed payment.
LATE PAYMENT
Late payment of monthly or annual subscriptions will attract a late payment fee of £50 plus VAT to cover the cost of administration and chasing. In addition, payments which remain more than 14 days overdue will attract an interest charge of 3% per month above the current base rate at The Bank of England or the maximum interest rate permitted by law, whichever is the greater.
 
CANCELLATION AND NOTICE PERIODS
HEFON Membership has NO notice period and can be cancelled at any time by completing the cancellation form found on:  
Other more advanced levels of membership may include a notice period or otherwise, as detailed below.
The length of notice period required to cancel will depend on the type of subscription:
Start Up-12months, Inside Track and Mastermind Coaching have a 12-month commitment unless otherwise agreed in writing.
HEFON Basic and HEFON Essential Memberships can be cancelled at anytime without charge or penalty providing that there are no payments due outstanding, the request to cancel has been submitted in writing, and an official cancellation form completed.
Notice periods become effective from the next billing date irrespective of the date your notice was provided in writing.
No refunds, or pro-rata refunds, are made on any Monthly or Annual Subscription Fees paid.
Subscription Fees must be fully up to date before cancellation can be affected. If Subscription Fees are outstanding or overdue, then they must be paid in full before cancellation can be made. You agree that failure to bring your subscription payments up to date means that your subscription cannot be cancelled and therefore Subscription Fees will continue to accrue.
Individual event tickets are non-transferable and non-refundable.
If paying by Instalments, then you will continue to be liable for your outstanding payments until the end of your Subscription Notice Period.
If for any reason a monthly instalment is not made in full, then the full value of the Subscription payments for the Subscription Period will become immediately payable in full.
TERMINATION
Your Subscription will terminate at the end of your notice period (if applicable) subject to Our Cancellation and Notices or if you are in material breach of any of these terms and if the breach is not remedied within the period of 21 working days after written notice of it has been given.
Notwithstanding our Cancellation and Notices section, if payment of the Subscription Fee is not made in full by the due date(s), without prejudice to any rights or remedies otherwise available, we reserve the right to (a) charge interest on the outstanding balance of all overdue sums at the rate of 3% per month above the current Bank of England base rate or the maximum interest rate permitted by law, whichever is the greater; and (b) suspend or withdraw access to each relevant Service(s).
On termination of this Agreement for any reason:
all licences granted under this Agreement shall immediately terminate;
subject to the exceptions in this sub-clause, you will take reasonable steps to delete the know-how and any materials from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of the Software or any part of our content, know-how and materials.
Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
 
SUBSCRIPTION SPECIFIC CLAUSES
If you wish to upgrade to another membership level or change your subscription option, please contact us by email at: support@hefon.org or telephone us on 0121 769 1429
All non-subscription specific clauses are applicable to all subscriptions alongside the relevant subscription specific clause.
 
PRODUCTS
All purchases of products provide access to that product by the purchaser for the lifetime of that product. We reserve the right to remove products if we deem that they have reached their valid shelf life.
 
SUBSCRIPTION GUARANTEES
We may from time to time, apply a specific guarantee at the point of sale of specific subscriptions or products. Such guarantees are only applicable to the sale and use of that specific subscription or service.
Claims made under the terms related to specific service or product guarantees MUST be made in writing to support@hefon.org
Any guarantee is invalidated if any due payments are late, missed or returned unpaid.
Any refunds made in line with specific Guarantee terms may take up to 7 working days to process.
 
GENERAL PROVISIONS
Promotion: We may include your name and logo on our website, social media and general marketing materials related to the services that we provide. We may also share stories of progress as part of our marketing strategy.
Employees: We both agree to not directly or indirectly employ or solicit for employment any person employed by either company during our relationship or for a period of one year after it ends. If violated, then a lump sum payment within 30 days for 50% of the employee’s current or expected annual salary, whichever is higher
CONFIDENTIALITY
You acknowledge that our Confidential Information includes all our content, materials and Software.
We acknowledge that the Subscriber Data is your Confidential Information.
Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in Our case, those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
This clause shall survive termination of this Agreement, however arising.
ASSIGNMENT OF RIGHTS
All The Company’s rights under these terms may be assigned, transferred or otherwise dealt with by the Company and will inure to the benefit of HEFON Limited successors and assignees.
You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations.
If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
These terms and conditions represent the full agreement between the parties and replaces and/or supersedes anything that precedes it.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing on our website.
You acknowledge and agree that in entering your Subscription you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person other than as expressly set out in these terms and conditions.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce every provision.
These terms and conditions shall be governed by the law of England & Wales.
 
DISCLAIMER
We give you no warranty or assurance or guarantee of any kind, except as set out in Our Subscription Guarantees section. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
Our policy is to always conduct our business in a professional manner and to best practice standards. We use our best endeavours to maintain our content and keep the know-how and materials up to date and to develop our Services to meet subscribers’ needs. We may change part or all of any Service at our discretion.
 
FORCE MAJEURE
HEFON Limited shall not be liable for any failure of, or delay in, the performance of any services or delivery of any of our Events, if such failure or delay is:
beyond the reasonable control of HEFON Ltd and/or could not reasonably have been foreseen or provided against.
HEFON will not seek excuse under this Clause for failure or delay resulting only from general economic conditions.
 
DISPUTES
This agreement is governed by the law of England and Wales. Any dispute that we cannot resolve between us will be decided by independent arbitration whose decision will be binding on us, but not on you. If you are not satisfied with the arbitration decision, you may then go to court.
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