A Kind Life

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply any of our products to you, whether services or digital content (“Services”).

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are April Strategy LLP, a limited liability partnership registered in England and Wales (registered no. OC328570) whose registered office is at Moore Kingston Smith, 6^th Floor, Charlotte Building, 17 Gresse Street, London W1T 1QL. Our registered VAT number is 927 4064 20.

2.2 How to contact us. You can contact us by contacting our customer service team [by phone at 01623 339725 or by email at [email protected]

2.3 How we may contact you. If we have to contact you we may do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. 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.

3.2 If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the Services.

3.3 Your order number. 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.

4. Our rights to make changes

4.1 Minor changes to the Services. We may change the Services:

4.1.1 to reflect changes in relevant laws and regulatory requirements; and

4.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. We will endeavour to ensure that these changes will not affect your use of the Services.

4.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always substantially match the description of it that we provided to you before you bought it.

5. Providing the Services

5.1 Delivery costs. The costs of delivery, if any, will be as displayed to you on our website.

5.2 When we will provide the Services. During the order process we will let you know when we will provide the Services to you. If the Services are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. If you are purchasing one-off Services, we will begin the Services on the date set out in the order. If the Services comprise a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order. If you are purchasing ongoing Services or a subscription to receive Services or digital content, we will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you or we end the contract as described in these terms.

5.3 We are not responsible for delays outside our control. If our supply of the 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. We will not be liable for delays caused by the event, but if there is a risk of substantial delay (in excess of 30 days) you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

5.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If so, we may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying any Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.5 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:

5.5.1 deal with technical problems or make minor technical changes;

5.5.2 update the Services to reflect changes in relevant laws and regulatory requirements;

5.5.3 make changes to the Services as requested by you or notified by us to you (see clause 4).

5.6 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of any Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 30 days we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Service in respect of the period after you end the contract.

5.7 We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us all outstanding amounts. We will contact you to tell you we are suspending supply of the Services. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 12.5).

5.8 User details. You are responsible for all use of any user ID, passwords, log-ins or other details that you might use to access the Services. You must keep all such items safe and secure.

6. Intellectual property and restrictions on use

6.1 We or our suppliers own all copyright, database rights, patents, trade and service marks, design rights and other intellectual property rights (collectively “IPR”) relating to the Services.

6.2 We grant you a licence to use the IPR in the Services that you order:

6.2.1 If you have ordered the Services in a personal (i.e. individual) capacity; for your own personal use; and

6.2.2 If you have ordered the Services in a business capacity, for the internal use of your business.

You may not use the Services for any purpose other than those set out in this clause 6.2

6.3 You must not alter or remove any markings on any of the Services or content that we provide, and we assert all moral rights in relation to all Services and content.

6.4 You may not make any of the Services, including any of the content or other items contained in the Services, available to any other person.

6.5 Where any Services are specified when the order is placed as being provided for the specific use of a designated person or a limited number of people (eg a single user licence), no other person may make use of those Services, whether in the same organisation or not. If you need more people to use those Services, you will need to purchase more licences.

6.6 If we provide you with any software or access to software, you may only use the same for your use of the Services, and you must not attempt to copy, reverse engineer, decompile or in any way modify or adapt any such software.

7. Your rights to end the contract

7.1 You can always end your contract with us. Your rights when you end the contract will depend on whether you have ordered the Services as a consumer or in a business capacity, what Services you have ordered, whether there is anything wrong with them, how we are performing and when you decide to end the contract:

7.1.1 If what you have ordered is faulty or misdescribed you may have a legal right to end the contract (or to a service re-performed or to get some or all of your money back), see clause 10;

7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

7.1.3 If you have just changed your mind about the Services, see clause 7.3. You may be able to get a refund if you are a consumer and are within the cooling-off period, but this may be subject to deductions;

7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:

7.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to;

7.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

7.2.3 there is a risk that supply of the Services may be significantly delayed because of events outside our control;

7.2.4 we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

7.2.5 you have a legal right to end the contract because of something we have done wrong.

7.3 If you are a consumer: exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer, that is to say you have ordered as an individual, outside the course or purpose of your trade or profession,  there is a legal right to change your mind within 14 days and receive a refund in respect of many services purchased online. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

7.4.1 any order in respect of which you are not a consumer as defined at clause 7.3 above;

7.4.2 digital Services after you have started to download or stream these; and

7.4.3 Services, once the Services have started to be delivered, even if the cancellation period is still running.

7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

7.5.1 Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have started to deliver the services you cannot change your mind, even if the period is still running.

7.5.2 Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the content is delivered, downloaded or streamed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you do not have the right to change your mind, just contact us to let us know. We will then discuss with you whether we are able to offer any refund, which will be in our discretion.

8. How to end the contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

8.1.1 Phone or email. Call customer services on 01623 339725 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.2 How we will refund you. If we are required to make a refund, we will do so by method you used for payment. However, we may make deductions from the price, as described below.

9. Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a Service at any time by writing to you if:

9.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;

9.1.3 you do not, within a reasonable time, allow us to deliver the Services to you.

10. If there is a problem with the Services

10.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can do so by contacting our customer service team by phone at 01623 339725 or email us at [email protected].  

10.2 Your legal rights as a consumer. If you have ordered Services as a consumer, nothing in these terms will affect your legal rights.

11. Your obligation to delete digital materials.

11.1 If the contract between us is ended for any reason, and if we ask you in writing to delete or destroy any digital content, materials or other items that we have provided to you, you must do so. You do not have the right to use any such items after any such request.

12. Price and payment

12.1 Where to find the price for the Service. The price of the Services (specified to include or exclude VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Services you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, 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.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

12.4 When you must pay and how you must pay. When you must pay and how you can pay will be indicated when you place your order.

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

13. Our liability. We will not be liable to you or to any other person, whether in contract, tort (including negligence) or otherwise:

13.1.1 For any indirect or consequential loss whatsoever;

13.1.2 For any other loss or damage in an amount exceeding the price that you paid for the Services that gave rise to the liability;

Provided that:

   (a) Nothing in these terms limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation;

   (b) If you have ordered services as a consumer, nothing in these terms limits your statutory rights as a consumer.

13.2 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by:

13.2.1 Having in place usual virus-protection, back-up or other measures normally adopted by users of IT systems such as yours; or

13.2.2 following our advice to apply an update offered to you free of charge;

13.2.3 correctly following installation instructions or having in place any minimum system requirements advised by us.

14. How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our privacy policy.

15. Other important terms

15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs and sub-paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sub-paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 Services, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you are a consumer living in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If are a consumer living in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.