Terms and Conditions

Website Terms and Conditions

This page (and the documents it refers to) tells you the terms of use on which you may use or browse our website www.cherfulcareers.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.

ABOUT US

www.cheerfulcareers.com is a site operated by Theresa Petzold trading as “Cheerful Careers” (“we” or “us”). Our address is Theresa Petzold / Cheerful Careers, Unit 29388, PO Box 7169, Poole, BH15 9EL and our email address is Theresa@cheerfulcareers.com

OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time. 

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site. 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent. 

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Any hyperlinks to other websites are provided for your ease of reference and convenience only.  We do not control such third party websites and content and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained on third party websites or any association with their operators.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. 

LINKING TO OUR SITE

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. 

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page unless you have first obtained our written consent. 

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 

By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. 

These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

E-book and other online educational products Terms and Conditions

This page tells you the terms and conditions (Terms) on which we supply any of the products (Products) listed on our website www.cheerfulcareers.com (our site) to you.  Please read these Terms carefully before ordering any Products from our site. 

You should print a copy of these terms and conditions for your future reference.

By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.

  1. Information about us

www.cheerfulcareers.com is a site operated by Theresa Petzold trading as Cheerful Careers(“we” or “us”). Our correspondence address is Unit 29388, PO Box 7169, Poole, BH15 9ELand our email address is Theresa@cheerfulcareers.com.

  1. Service availability

Our site is only intended for use by people resident in the United Kingdom.  We do not accept orders from individuals outside those countries.  

  1. Your status

By placing an order through our site, you warrant and confirm that:

  1. You are legally capable of entering into binding contracts;
  2. You are at least 18 years old;
  3. You are resident in the United Kingdom; 
  4. You are accessing our site from the United Kingdom; and
  5. How the contract is formed between you and us
    1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order is an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is available for download (the Download Confirmation).  The contract between us (Contract) will only be formed when we send you the Download Confirmation.  
    2. The Contract will relate only to those Products whose download we have confirmed in the Download Confirmation.  We will not be obliged to supply any other Products that may have been part of your order until the download of such Products has been confirmed in a separate Download Confirmation.
    3. If you are purchasing a Product as a consumer:
      1. you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at Theresa@cheerfulcareers.com. 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. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
      2. notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium (including e-books and other digital files) before the end of the cancellation period set out in paragraph 4.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
      3. in relation to the provision of any services under this Contract:
        1. you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
        2. if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
  6. Availability 

Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact Theresa@cheerfulcareers.com to advise us that the Product has not been made available for download. As our systems are automated, we shall not be liable for any delay in the download of any Product. 

  1. Title and Intellectual Property
    1. You will only be entitled to use the Products when we receive full payment of all sums due in respect of the Products.
    2. As between us and you, all Intellectual Property Rights and all other rights in any Products shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Product.
    3. We shall enforce our Intellectual Property Rights in the Products to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A PRODUCT IS STRICTLY PROHIBITED.
  2. Price and payment
    1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.  
    2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
    3. Payment for all Products must be by such method of payment as is specified on our website. 
  3. Refunds 
    1. As you are able to download, make use of and copy the Product immediately, we will only offer refunds in limited circumstances at our discretion.
    2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 
  4. Our liability
    1. Our Products are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Products as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply. 
    2. If, for any reason, we are liable for any damages, other than those for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law), our total liability shall be limited to the amount of the Product purchased.
    3. By purchasing a Product, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
      1. loss of income or revenue
      2. loss of business
      3. loss of profits or contracts
      4. loss of anticipated savings
      5. loss of data
      6. loss of data, or
      7. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable. 

arising out of or in any way connected with the use of a Product, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).

  1. Written communications

You agree that our communication with you will be mainly electronic and via email.  We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

  1. Notices

All notices given by you to us must be given to Theresa Petzold at Theresa@cheerfulcareers.com. We may give notice to you at the e-mail address you provide to us when placing an order.  Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  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 and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  1. Transfer of rights and obligations
    1. You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.  
    2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  2. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.  

  1. Waiver
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
  2. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision 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.

  1. Entire agreement
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
  2. Our right to vary these terms and conditions
    1. We have the right to revise and amend these terms and conditions from time to time.  
    2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
  3. Law and jurisdiction

Contracts for the purchase of Products through our site 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) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales. 

Terms and Conditions Careers Guidance Sessions

  1. Introduction

 www.cheerfulcareers.com (“site”) is owned and operated by Theresa Petzold, trading as Cheerful Careers.

Please read these terms and conditions carefully before placing an order. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site. 

  1. Changes to terms 

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

 Please check these terms and conditions periodically for changes. 

Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase. 

If the revised terms apply to any existing provision of services, we will notify you of the changes. 

  1. Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy 

Age restriction 

You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

  1. Acceptance of order
    1. These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing. 
    2. If there is any conflict between these Terms and any term of the order, the order will take priority.
  1. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 

  1. Representations
    1. You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
    2. You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
    3. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. 
  1. Careers Guidance Sessions and cancellation
    1. A session will last for a maximum of one hour and will take place over the telephone/ video call unless we agree to a face to face venue (such as a local hotel).
    2. Where a session is held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and we shall not be obliged to refund you any amounts paid in relation to such Session). 
    3. You are responsible for your own belongings that you take to a Session and neither us nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings. 
    4. You agree to reimburse us in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
    5. You may cancel a Session by notice by email or by telephone to the other and the following cancellation fees will be payable by you.  
    6. If you cancel a Session then you must pay the following cancellation fees:
      1. no cancellation fee if you cancel a Session more than 48h before the start time of the Session; and
      2. 50% cancellation fee if you cancel the Session on or less than 48 hours prior to the start time of the Session.
    7. We may cancel a Session by providing notice to you and if we do so, we will re-schedule the Session to the earliest mutually convenient time.
  1. Before we begin to provide the services, you have the following rights to cancel our services:
    1. Subject to clause 9.4 below, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by emailing Theresa@cheerfulcareers.com. We will confirm your cancellation in writing to you;
    2. if you cancel an Order under clause 8.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;
    3. however, if you cancel an order for services and we have already started providing the services by that time, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
  2. If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order. 
  3. Price and payment
    1. Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
    2. Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
    3. Payment for any session is to be made in advance by the method shown on our website. Once payment has been made you will be able to book your session.
    4. If you contact us after a Session then we may at our discretion provide a brief response to you free of charge. If however we consider that more time is needed to deal appropriately with your communication then we may either:
      1. advise you to arrange an additional Session or
      2. inform you of the time we would need to spend in responding to you and the fee which would be payable by you for such a response. We will obtain your approval to such fee before incurring any fees.
    5. You shall be responsible for all internet, phone, travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.
  4. Duties of Coach
    1. We shall provide the Services with due care, skill and ability. 
    2. Other than as set out in clause 9.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of careers guidance and coaching, we do not guarantee any particular results.
  5. Status 

The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.

  1. Limitation on Liability
    1. Nothing in this Agreement shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
    2. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and us providing the Services.
    3. Our total 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 in all circumstances be limited to the total price paid by you for the Session.
    4. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, We shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay. 
    5. The provisions of this clause 8 shall survive termination of this agreement.
  2. Force majeure

We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.

  1. Entire agreement 

You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent).

  1. Governing law and jurisdiction
    1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. 
    2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
  2. contact us
    1. For any questions or queries you can contact us at theresa@cheerfulcareers.com