Augmentive

Terms & Conditions

1. THESE TERMS

1.1
What these terms cover. These are the terms and conditions on which we supply services or digital content to you through the Augmentive Platform which can be accessed through our website at www.augmentive.io (“the Platform”)
Important

These terms do not apply to the services offered by our Specialists. Those services are supplied by the Specialist to you and will be the subject of a contract between you and the Specialist which we are not a party to.

The services which we supply to you and to which these terms apply include the following:

  • Booking services - our Platform allows you to book or agree to accept services from one of our Specialists;
  • Membership - when you pay to join our Platform as a member for any period of time;
  • Other services – any services that we agree to supply to you through our Platform. These may be supplied as a one-off or on a continuing basis.
1.2
Why you should read them. Please read these terms carefully before you order any services or digital content from our Platform, including signing up for a membership. These terms tell you who we are, how we will provide services or digital content 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.
1.3

Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying services or digital content from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1
Who we are. We are Augmentive Limited a company registered in England and Wales. Our company registration number is 2464843 and our registered office is at Green Farm House, The Street, Stoke By Clare, Sudbury, CO10 8HP. Our registered VAT number is [NUMBER].
2.2
How to contact us. You can contact us by telephoning our customer service team at (+44) 232872019 or by writing to us at info@augmentive.io or at our registered off address.
2.3
How we may contact you. If we have to contact you we will 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. Except where you are using our platform to book an appointment with, or to receive services from, one of our Specialists 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. Where you are using our platform to book an appointment with, or to receive services from, one of our Specialists the contract for our booking services will come into existence as soon as you have made payment to the Specialist.
3.2
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services or digital content. This might be because of unexpected limits on our resources which we could not reasonably plan for.

4. OUR PLATFORM AND TERMS OF USE

4.1
Use of our Platform. All of the services and digital content that we supply to you will be supplied to you through our Platform and it is therefore important that in addition to these Terms and Conditions that you read and comply with our Platform Terms of Use
4.2
Access to our Platform. In very limited circumstances because for example you have breached our Terms of Use we may decide that you can no longer enjoy the benefits offered by our Platform. We will obviously notify you of this and where appropriate give you every opportunity to remedy the situation. However if the situation cannot be remedied it will mean that we can no longer provide you with services (such as membership) that you may have paid for. How we deal with this is set out in clause 10.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the services or digital content you have ordered please contact us. For example if you want to cancel or change a membership or a subscription. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services or digital content, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1
Minor changes to the services or digital content. We may change the services or digital content to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services or digital content.
6.2
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6.3
Improvements. We are constantly improving and enhancing the services that we offer through our Platform but these improvements and enhancements will not negatively impact services that you have purchased. For example we might make additional features available to members.

7. PROVIDING THE SERVICES OR DIGITAL CONTENT

7.1
If what you have ordered is a one-off service. We will begin the services on the date we accept your order.
7.2
If you have made 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.
7.3
If what you have signed up for is a membership or ongoing services or a subscription to receive goods 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 end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.4

Reasons we may suspend the supply of services or digital content to you. We may have to suspend the supply of a service or digital content to:

  • deal with technical problems or make minor technical changes;
  • update the services or digital content to reflect changes in relevant laws and regulatory requirements;
  • make changes to the services or digital content as requested by you or notified by us to you (see clause 5); or
  • where you have breached our Terms of Use (see clause 4).
7.5
Your rights if we suspend the supply of services or digital content. We will contact you in advance to tell you we will be suspending supply of the services or digital content, unless the problem is urgent or an emergency. Except where clause 7.4(d) applies if we have to suspend the services or digital content for longer than 7 days in any month we will adjust the price so that you do not pay for services or digital content while they are suspended. You may contact us to end the contract for services or digital content if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the services or digital content in respect of the period after you end the contract.

8. YOUR RIGHTS TO END THE CONTRACT

8.1

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

  • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back),;
  • If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  • If you are a consumer and have just changed your mind about the services or digital content, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.3;
8.2

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 (a) to (e) below the contract will end immediately and we will refund you in full for any services or digital content which have not been provided and you may also be entitled to compensation. The reasons are:

  • we have told you about an upcoming change to the services or digital content or these terms which you do not agree to;
  • we have told you about an error in the price or description of the services or digital content you have ordered and you do not wish to proceed;
  • there is a risk that supply of services or digital content may be significantly delayed because of events outside our control;
  • we have suspended supply of services or digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
  • you have a legal right to end the contract because of something we have done wrong.
8.3
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services or digital content bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4

When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

  • digital products after you have started to download or stream these; and
  • services, once these have been completed, even if the cancellation period is still running. This will be the case when you use our Platform to book services with our Specialists because our booking services will have been completed and payment taken from you as soon as the booking is made.
8.5

How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

  • Have you bought services (for example, a membership of our Platform)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
  • Have you bought digital content for download or streaming (for example, you may have purchased a training video from our Platform)? 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.
8.6
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 are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until [1 calendar month] after the day on which you contact us. We will refund any advance payment you have made for services or digital content which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the services or digital content until 3 March. We will only charge you for supplying the services or digital content up to 3 March and will refund any sums you have paid in advance for the supply of the services or digital content after 3 March.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1

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

  • Phone or email. Call customer services on (+44) 232872019 or by writing to us at info@augmentive.io or at our registered off address. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
  • By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services or digital content, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3

When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

  • we may deduct from any refund an amount for the supply of the service (for example a membership) for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4
When your refund will be. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then our refund will be made within 14 days of your telling us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT

10.1

We may end the contract if you break it. We may end the contract for services or digital content at any time by writing to you if:

  • you do not make any payment to us when it is due;
  • you breach our Terms of Use and given the nature of the breach we reasonably decide that it is no longer appropriate for you to receive the services, download digital content or access our Platform.
10.2
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services or digital content we have not provided but we may deduct or charge you a reasonable amount as compensation for the net costs we will incur as a result of your breaking the contract.
10.3
We may withdraw the services or digital content. We may write to you to let you know that we are going to stop providing the services or digital content that you have ordered. For example this might apply if we decide that we are no longer going to offer the membership or subscription that you have paid for. We will let you know at least 28 days in advance of our stopping the supply of the services or digital content and will refund any sums you have paid in advance for services or digital content which will not be provided.

11. IF THERE IS A PROBLEM WITH OUR SERVICES OR DIGITAL CONTENT

How to tell us about problems. If you have any questions or complaint about our services or digital content, please contact us and we will do our very best to resolve your complaint as quickly as possible. (see contact details in clause 2)

12. PRICE AND PAYMENT

OUR PRICING AND PAYMENT

The prices that we charge you for services and digital content will be clearly displayed on our Platform.

Note that where you book services from our Specialists through our Platform a fee equal to 4.95% of the amount that you pay to that Specialist will automatically be charged by us to you in addition to the amount that you pay the Specialist. If we decide to change that amount we will let you know in advance.

All payments need to be made in advance through our Platform.

12.1
Where to find the price for the services or digital content. The price of the services or digital content (which includes VAT) will be the price indicated on the order pages of our Platform when you placed your order (see also information in the box above). We take all reasonable care to ensure that the price of the services or digital content 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 or digital content 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 or digital content we will adjust the rate of VAT that you pay, unless you have already paid for the services or digital content 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 or digital content we provide may be incorrectly priced. We will normally check prices before accepting your order so that, where the services or digital content's 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 or digital content’s 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.
12.4
When you must pay and how you must pay. We only accept payment through our Platform and you must pay for all services in advance of using them and for digital content before you download it.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

13.1
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
13.3
When we are liable for damage caused by defective digital content. 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 following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4
We are not liable for business losses. If you are a consumer we only supply the services or digital content for to you for domestic and private use. If you use the services or digital content for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

14.1

Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2
To the extent allowed by law all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3

Subject to clause 14.1:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount equal to the sum paid by you for services and digital content in the last 12 months.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

16. OTHER IMPORTANT TERMS

16.1
We may transfer this agreement to someone else. 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.
16.2
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. We may not agree if we consider that the services and digital content that we have agreed to supply – for example as part of a membership or subscription package are personal to you.
16.3
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.
16.4
If a court finds part of this contract illegal, the rest will continue in force. 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.
16.5
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.
16.6
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services or digital content in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services or digital content in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services or digital content in either the Northern Irish or the English courts.
16.7
Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Details are available on request from us.
16.8
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.