Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you subscribe to become a member of CareerBite. 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, 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).
Provisions specific to consumers and those specific to businesses are both included in these terms.
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 CareerBite Limited a company registered in England and Wales. Our company registration number is 10387181 and our registered office is at 25c Nevern Square, London, SW5 9PD. Our registered VAT number is 252862887.
2.2 How to contact us. You can contact us by email using the following address: firstname.lastname@example.org
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 you provided to us.
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 application for membership subscription. Our acceptance of your membership subscription 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 We only provide our products to customers within the EU. Our website is solely for the promotion of our products in the EU. Unfortunately, we do not accept membership subscriptions from applicants outside the EU.
4. Providing the membership subscription services
4.1 Upon completion of the membership subscription process we will provide our services to you. We will supply the services to you until either the 12 month subscription expires or you end the contract as described in clause 7.
4.2 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 services to you, for example, information required during completion of our profiling exercise. If so, this will be stated on our website. If you do not give us this information you will be unable to use our services. We will not be responsible for your lack of access to our services if this is caused by you not giving us the information we need.
4.3 Reasons we may suspend the provision of our services to you. We may have to suspend the provision of our services to:
(a) deal with technical problems or make minor technical changes; and
(b) update the product to reflect changes in relevant laws and regulatory requirements.
5.1 Your use of our services is subject to the following restrictions;
(a) unfortunately, we do not accept membership subscriptions from applicants outside the EU at this time;
(b) use of our website, its content and our services are solely for the member subscriber;
(c) you must not use our website, its content or our services for any commercial gain or exploitation;
(d) in using our website, you must not knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of computer software or hardware;
(e) you must not use our website, its content or our services in any way that breaches any local, national or international law or regulation;
(f) you must not use our website, its contents or our service in any way that is defamatory of any person or so as to promote violence, sexually explicit material, any form of discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) you must not use our website, its content or our services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(h) you must never allow anyone other than the member subscriber access to your user ID and password. It is the sole responsibility of individual members to keep their user ID and/or password confidential.
5.2 Ownership of copyright in our website. You acknowledge and agree that all copyright in all material on or derived from our website belongs to us. We grant you the right to use our copyrighted material but only whilst you comply with the restrictions set out in clause 5.1. If you breach any of the restrictions set out in clause 5.1, your right to use this material will end and you will no longer be entitled to use it for any purpose. We take our intellectual property rights seriously and will take legal action to enforce any breach of this clause.
6. Our rights to end the contract
6.1 We may end the contract, if you breach it. We may bring your membership subscription to an end, at any time by writing to you, if we have reason to believe that you have failed to comply with the terms contained within clause 5.1. We will also consider taking legal action against you, if your failure to comply with the terms of clause 5.1 causes us loss.
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 what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer:
(a) 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), see clause 10 if you are a consumer;
(b) If you are a consumer and have just changed your mind about the product, see clause 7.3. You will not be entitled to receive a refund if you have used the services;
(c) 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 7.4.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract because you have a legal right to do so because of something we have done wrong, 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.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought on-line 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.
7.4 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, purchased a membership subscription)? If so, you have 14 days after the day we email you to confirm we accept your membership subscription. If you wish to use our services or obtain our products during this period, however, you will not be entitled to a refund of your subscription fee if you change your mind even if the period is still running. If you do not access our services within this 14 day period and wish to change your mind, you will be entitled to a refund as set out in clause 8.2 below.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com or completing the cancellation form on our website www.careerbite.com/cancellation-form or deleting your account from the “Student Dashboard” page using the My Account/Delete account facility.
8.2 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for our services by the method you used for payment. If you have used our services, however, you will not be entitled to a refund.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind and you have not had access to our services, then your refund will be made within 14 days of you telling us you have changed your mind.
9. If there is a problem with our services
How to tell us about problems. If you have any questions or complaints about our services, please contact us. You can email our customer service team at firstname.lastname@example.org or use the Contact Us form.
10. Your rights in respect of defective products if you are a consumer
10.1 If you are a consumer, we are under a legal duty to supply services that are in conformity with this contract. See below 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 as a consumer
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 services, for example access to our e-learning resources and profiling tools, 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 7.2.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on our website when you subscribe for membership.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your membership subscription date and the date we supply our services, we will adjust the rate of VAT that you pay, unless you have already paid for our services in full before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay. We accept payment with all major credit and debit cards. You must make an advance payment of 100% of the price of the services, before we start providing them.
11.4 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).
12. Our responsibility for loss or damage suffered by you if you are a consumer
12.1 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.
12.2 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 10.1; supplied with reasonable skill and care and, where installed by us, correctly installed.
12.3 We are not liable for business losses. If you are a consumer we only provide our services to you for your own personal use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13. Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Subject to clause 13.1:
(a) 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
(b) our total liability to you in respect of all other losses arising under or in connection with the supply of our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the higher of:
(i) the price of the Products; and
(ii) the amount actually received by us as a result of a claim made by us pursuant to our insurance in respect of such breach.
13.3 Use of our products and services does not guarantee success in the job market. Our products and services are designed to form part of a toolkit to help you in securing suitable employment or assist you in your career progression. It is your responsibility to identify the most suitable products and services from our range for your particular purposes. Using the profiling tooling requires you to answer the questions honestly. If you do not, the results will not provide you with an accurate description of your preferences. We will not be responsible for any inaccuracies resulting from your failure to answer questions honestly.
14. How we may use your personal information
14.1 How we will use your personal information. We will only use your personal information as set out in our www.careerbite.com/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 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.
15.3 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.
15.4 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.
15.5 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.
15.6 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. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.