Refund Policy for Digital Products

 

  1. THESE TERMS

 

  • What these terms cover. Our refund policy for digital products. Please see Terms of Supply for further information on how we supply products to you.

 

  • 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.

 

  • 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 these terms.

 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    • Who we are. We are Hayley Akins Limited trading as Motion Hatch, a private limited company registered in England with company number 09707945 and registered address at Colony, One Silk Street, Ancoats, Manchester, M4 6LZ.
    • How to contact us. You can contact us by writing to us at hello@motionhatch.com or Hayley Akins Limited, Colony, One Silk Street, Ancoats, Manchester, M4 6LZ.
    • 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.
    • ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. WHEN YOU ARE ALLOWED TO CONTRACT WITH US

    You must be 18 or over to register on or use our website https://motionhatch.com/ (our Site). By using our Site, you represent and warrant that you have the right, authority and capacity to enter in this agreement and to abide by these terms and conditions.
  3. OUR CONTRACT WITH YOU
    • How we will accept your order. Our acceptance of your order will take place when we send an email to you confirming we have accepted it. At this point a contract will come into existence between you and us.
    • 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 RIGHT TO MAKE CHANGES
    • Minor changes to the products. We may change the product (e.g. template agreements):
      • to reflect changes in relevant laws and regulatory requirements; or
      • to respond to a demand for changes by our customers if we deem these changes would result in a better product or service;

 

  • Updates to digital content. We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you purchased it.
  1. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
    • “Intellectual Property Rights” means all patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same.
    • All Intellectual Property Rights in our products are owned by us or licensed to us with a right to sub-licence to you.
    • You have a non-exclusive, non-transferable and royalty-free licence to reproduce digital content only for the purpose as outlined in the description of the product. This means that, when you download template agreements (or any other digital content), you do not automatically own copyright in the template agreements or any other digital content (which remains with us). You must not “re-sell”, sub-license, publish, copy or distribute the our products (in whole or in part) for use by any third party without our permission.
    • You must not use digital content and other products for other purposes than outlined in their descriptions. For example, the only purposes for which you can use our template agreements are:
      1. As starting point for further advice and support from professional legal practitioners.
      2. As standard terms and conditions to be completed by yourself and used for your business but only if you are absolutely sure that you understand the terms and conditions fully.
      3. As an educational tool to learn about using written terms and conditions for your business.
    • You must not reproduce, apply to your own goods or services or use our registered or unregistered trade marks, including but not limited to the registered trade mark, ‘Motion Hatch’, or figurative marks incorporating the words, Motion Hatch, (our Trade Marks) in a way, which would infringe our rights, without our permission.
    • You agree that you will keep confidential and not use, except for purposes outlined in the description of the product, any and/or all information, which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law. In particular, you agree that you will not disclose the content, concept or nature of teaching material used in Motion Hatch’s professional skills courses to third parties, who are not themselves subscribers to our courses.

  2. Consumer Right to Cancel

    If you are a Consumer and unless the below exception applies, you have the right to cancel this Agreement and return the Product within 14 days without giving any reason. The cancellation period will expire after 14 days from the day after completion of the Transaction. To meet the cancellation deadline, it is sufficient that you send us your communication concerning your exercise of the cancellation right before the expiration of the 14 day period.

    To cancel your order, you must inform Motion Hatch of your decision. To ensure immediate processing, please do so by contacting us here. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal.

    You also have the right to inform us using the model cancellation form below or by making any other clear, unambiguous statement through our available communication channels. If you use our “Contact Us” form online, we will communicate acknowledgment of receipt of your cancellation request to you without delay.

    To Motion Hatch

    I hereby give notice that I cancel my contract of sale of the following Products

    Ordered on

    Name of consumer(s),

    Address of consumer(s),

    Signature of consumer(s) (only if this form is notified on paper),

    Date

    Effect of Cancellation

    If you cancel this Agreement as permitted above, we will reimburse to you all payments received from you.

    We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.

    We will make the reimbursement using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the reimbursement.

    Exception to the Right to Cancel

    Your right as a Consumer to cancel your order does not apply to the supply of Digital Content that you have started to download, stream or otherwise acquire and to Products which you have had the benefit of.

    Refund Policy

    Refunds are provided at the sole discretion of Motion Hatch and on a case-by-case basis and may be refused. Motion Hatch will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Motion Hatch to counterclaim the refund.

    This does not affect your rights as a Consumer in relation to Products which are not as described, faulty or not fit for purpose.

    1. OTHER IMPORTANT TERMS
      • 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.
      • You must not hold yourself out to be our partner, sub-contractor or agent. Nothing in this agreement is intended to or shall be deemed to establish any partnership or joint venture between us, make you our agent or sub-contractor, or authorise you to make or enter into any commitments for us or on our behalf.
      • 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.
      • 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 products, we can still require you to make the payment at a later date.
    2. APPLICABLE LAW AND DISPUTE RESOLUTION
      • The terms and conditions of supply shall be governed by the substantive law of England and Wales exclusive of any conflict-of-laws rules that could require the application of any other law.
      • We both agree that we will attempt to resolve any dispute arising out of or relating to these website terms of use through negotiations between senior executives of the parties, who have authority to settle the same.
      • If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate', we will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales.
      • The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
      • The language(s) of the arbitration proceedings shall be English.