1.1 What these terms cover. These are the terms and conditions on which we supply our products to you, whether these are services or access to digital content.
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 products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, 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 products 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.
2.1 Who we are. We are BELUGA BEAN LIMITED, a company registered in England and Wales. Our company registration number is 10639485 and our registered office is at 7-7c Snuff Street, Devizes, Wiltshire, SN10 1DU. Our registered VAT number is 266 8855 45.
2.2 How to contact us. You can contact us by writing to us at [email protected].
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.
3.1 How we will enter into a contract with you. A contract will come into existence between us and you when either:
- You place an order through our website, and we confirm your order by email;
- You sign and return a contract that we send to you for signature; or
- You confirm in writing that you approve a proposal submitted to you by us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery date you have specified.
4.1 We provide a range of products. Our products consist of:
- Services. These include coaching, mentoring, training, speaking, facilitating, panel discussions, training courses, workshops, round table discussions, along with any other services provided by us to you.
- Access to digital content. This may include access to online training courses and materials, online webinars, videos, and any other content provided via our website.
4.2 Membership. We also offer a range of membership packages. These consist of a mixture of services and digital content. Our packages will vary from time to time. The products included within your membership will be as stated during the order process.
4.3 You will not own the digital content. If you purchase a product that contains digital content, you will not own that digital content. Instead, you will be provided with the right to access, view, download and/or stream it, for your personal use only. You are not entitled to sell, copy, modify, alter or disclose any of our digital content to anyone.
5.1 If you wish to make a change to the product you have ordered, please contact us. 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 product, 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.
5.2 If you are a consumer then for some products bought online, you have a legal right to change your mind within 14 days. However, if we have started the services, you must pay us for the services provided (including any time spent by us preparing for the service) up until the time you tell us that you have changed your mind. You will also have to pay us for any expenses incurred by us to deliver the service, such as costs relating to travel and accommodation.
5.3 If we are required to travel by air in order to deliver a service for you, you must provide us with at least 4 weeks’ notice if you wish to reschedule the delivery date. If you provide us with less than 4 weeks’ notice, then (unless you are a consumer and have a legal right to change your mind) the following charges will be applied:
- If notice is given between 1 and 4 weeks’ prior to the date of agreed delivery, we will apply an administration charge equal to 50% of the price of the service, plus any expenses incurred by us to deliver the service, such as costs relating to travel and accommodation; or
- If notice is given less than 1 week prior to the date of agreed delivery, we will apply an administration charge equal to 100% of the price of the service, plus any expenses incurred by us to deliver the service, such as costs relating to travel and accommodation.
5.4 Any services to be delivered on an agreed delivery date, that do not require air travel, may be rescheduled:
- Without charge, if such request is made not less than 72 hours before the agreed delivery date. However, you will be required to pay any expenses incurred by us to deliver the service (such as costs relating to travel and accommodation); or
- If such request is made within 72 hours of the agreed delivery date, (unless you are a consumer and have a legal right to change your mind) an administration fee will be payable equal to 10% of the price of the service being rescheduled, along with the cost of any expenses incurred by us to deliver the service (such as costs relating to travel and accommodation).
6.1 Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 Updates to digital content. We will from time to time update digital content, provided that the digital content shall always match the description of it, that we provided to you before you bought it.
7.1 Delivery costs. Any costs of delivery will be agreed with you during the order process.
7.2 When we will provide the products.
- If the products are services. We will perform the services on the date(s) agreed with you during the order process. If you are unable to agree a delivery date at the time of placing your order, or you are not required to agree delivery dates at the time of placing your order, you must contact us separately to agree suitable delivery dates. It is your responsibility to arrange for the services to be delivered within any expiry periods set out on our website and/or agreed with you during the order process.
- If you are purchasing access to an individual piece of digital content. We will make the digital content available for download by you as soon as possible, after we accept your order.
- If the products are a subscription to receive services or digital content. We will supply the services, or make the digital content available to you, until either (i) the services are completed; (ii) the subscription expires (if applicable); (iii) you end the contract as described in clause 8; or (iv) we end the contract by written notice to you as described in clause 10.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you do not allow us access to provide services. If you do not allow us access to your premises to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your premises we may end the contract and clause 10.2 will apply.
7.5 What will happen if you do not give required information to us. We may need certain information from you so that we can supply our products to you. If so, we will ask you to provide this information. If you do not provide us with 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 10.2 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 the products 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.
7.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product, as requested by you or notified by us to you (see clause 6).
7.7 Your rights if we suspend the supply of products. We will contact you in advance to tell you if we will be suspending supply of a product you have purchased, unless the problem is urgent or an emergency. If we have to suspend a product for longer than 1 month in any 6 month period, we will adjust the price so that you do not pay for the that particular product while it is suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.8 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products, we can also charge you interest on your overdue payments (see clause 13.7).
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 product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer if you are a business;
- 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 product, 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 8.6.
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 (1) to (5) below the contract will end immediately and we will refund you in full for any products 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 product, or these terms, which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or we have notified you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; 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 some products 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 them; and
- services that have been performed or delivered, even if the cancellation period is still running.
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, mentoring)? 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 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided (including time spent by us preparing for the service) up until the time you tell us that you have changed your mind.
- Have you bought access to digital content (for example, online training modules)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start viewing, downloading or streaming the digital content. If you view, download or stream the content 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, but you may have to pay us compensation. A contract for digital content is completed when the content has been viewed, downloaded or streamed (in whole or in part) 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 a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will provide you with a refund as follows:
- For all non-discounted products, you will receive a refund equal to any sums paid by you for products not provided, but we will deduct from that refund, the following as compensation for the costs we would incur:
- (i) 20% of the applicable refund; and
- (ii) any other expenses incurred by us as a result of your order, such as travel costs and expenses;
- For all discounted bulk services, your refund will be calculated by taking the combined non-discounted price of all products provided to you and refunding any excess you have paid. We will deduct from that refund, the following as compensation for the costs we would incur:
- (i) an amount equal to the price of one session (calculated at the non-discounted price); and
- (ii) any other expenses incurred by us as a result of your order, such as travel costs and expenses.
9.1 Tell us you want to end the contract. To end the contract with us, please email us at [email protected] Please provide your name, home address, details of your order (including your reasons for wanting to end the contract), and your phone number.
9.2 How we will refund you. If you are entitled to a refund under these terms, we will process your refund by the method you used for payment. 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.
- We will deduct any costs that we have incurred in order to deliver your order, such as non-refundable travel expenses; and
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied (and for any time spent by us preparing for the service), 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 made. We will make any refunds due to you as soon as possible, but in any event within 14 days of the date the agreed delivery date.
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing (for example, by email) to you if:
- you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us access to your premises to supply the services.
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 products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of us stopping the supply of the product, and will refund any sums you have paid in advance for any products that will not be provided.
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
- If your product is digital content, for example a subscription to our online training modules, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you’re entitled to a repair or a replacement.
- If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
- If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
- If your product is services, for example face-to-face mentoring, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated to you during the order process. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the product you order.
13.2 Discounts for bulk services. We may offer you a discount when purchasing bulk services. If this is the case, all services must be delivered within 1 year of the date of your order. Any services not delivered within this 1 year period will automatically expire, and you will not be entitled to a refund. The price for all discounted services must be paid up front, and in all cases prior to any of the services being delivered.
13.3 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. Where the correct price at your order date is less than the price stated when you placed your order, we will charge you the lower amount. If the correct price is higher than the price stated when you placed your order, we will contact you for your instructions before we accept your order.
13.5 When you must pay and how you must pay. We will issue you with an invoice in respect of the products you have ordered. You must make payment of all invoices within 14 days of the date of the invoice, and in all cases before the relevant product is delivered. In particular:
- For digital content, you must pay for the products before you have access to view, download or stream them, except where payment is to be made by instalments and in such a case, payments must be made on or before the agreed instalment dates.
- For services, you must pay for the product before we start providing the service, except where payment is to be made by instalments and in such a case, payments must be made on or before the agreed instalment dates.
- For discounted bulk services, you must pay for all services before we start providing any of the services.
13.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms, in full, without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.7 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 2% 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.
13.8 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.
14.1 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 us breaking this contract or of us 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 us and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 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; for breach of your legal rights in relation to the products (as summarised at clause 12.1); and for defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose, our liability to you will be limited, as set out in clause 15.
15.1 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;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 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.
15.3 Subject to clause 15.1:
- 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 you; and
- our total liability to you, for all other losses arising under or in connection with any contract between us and you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 200% of the total sums paid by you for products under such contract.
We provide a range of services to improve business and life skills. These services include online communication, courses and content.
All online communication, courses and content, including communication via email, text, or any social media platform including Beluga Bean
Academy online, are for informational purposes only, and should not be regarded as advice.
If you require advice on a particular subject you must book an in-person consultation or course.
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. 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.
18.4 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.
18.5 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 you 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 continue to provide the products to you without issuing payment reminders, we can still require you to make the payment at a later date.
18.6 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 products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 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.