Blow Leaf Ltd Terms and Conditions - September 2020

Effective Date: 12th September, 2020

Welcome to blowleaf. Thank you for your interest. Please review the following terms and conditions (the “Terms and Conditions”), which will govern your registration with and use of the blowleaf website www.blowleaf.co.uk (the “Site”), including all content and services provided by Blow Leaf Ltd (“blowleaf”, “Blow Leaf”, “us,” “we” or “our”) on or in conjunction with the Site including, but not limited to, booking, services, goods and services (the “Services”), and except in certain exclusions as noted below.

By accessing or using the Site you agree to be bound by these Terms and Conditions as well as the terms of the Privacy Policy, which is available on the Site.

We reserve the right, in our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do so, we will post the changes on this page and will indicate at the top of this page the date the revised Terms and Conditions were effective. You may read the then-current copy of these Terms and Conditions at any time by selecting the “Terms and Conditions” link on the Site. We may also notify you of material changes from time to time through a pop-up notice, e-mail or other reasonable means, but we shall not be obligated to do so. Your continued use of the Site after any change by us constitutes your acceptance of the new Terms and Conditions. You should periodically visit this page to review the current Terms and Conditions so you are aware of any revision to which you are bound. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site.

1.        Site Access and Registration.

    a.   We hereby grant you permission to use the Site as set forth in these Terms and Conditions provided that: (i) your use of the Site is solely for your personal use; (ii) you will not copy or distribute any part of the Site in any medium without blowleaf prior written authorisation; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms of Service.

    b.   You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up of the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.

2.        Booking and Payment. 

    a.   By booking a reservation for the Services through the Site, you acknowledge that you accept these Terms and Conditions and our Privacy Policy. In addition, you warrant that you are 18 years of age or older, that you possess the legal authority to enter into these Terms of Service, use this Site and, book the Services or purchase goods, and that all information you supply is and will be true and accurate. You further agree that you will use the booking functionality of this Site to make only legitimate reservations for you or others for whom you are legally authorised to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her Account terminated.

    b.   You agree to provide accurate and up-to-date payment information at the time you make a reservation. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a reservation through the Site, you will provide your payment details and any additional information required to complete your order to us. We will then send your information to our third-party processor to complete your transaction. For your convenience, we do retain the following information for each credit card used on the Site: 1) card type; 2) the last four digits of the card; and 3) the name of the card. We may retain this information indefinitely unless and until you request that we remove this information from our network. We do not retain any of your payment information. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorise payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

    c.    You agree to have sufficient funds or credit available upon placement of any such reservation to ensure that the purchase price will be collectable by us. After you place your reservation, we will send you a confirmation email. We strive to provide accurate pricing information regarding the Services available on the Site. However, mistakes happen and we cannot guarantee there will never be pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any reservations placed for the Services in which the price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. 

    d.   The Site may contain information regarding the availability of the Services. In some cases, the Services may be available when you make your reservation, and completely booked by the time we attempt to process the reservation. Should this happen, we will notify you by email, cancel the Services from your reservation and refund your payment.

3.        Changes and Cancellation by You.

    a. You may reschedule a reservation for our Career MOT Consultation service or any other blowleaf service up to 24 hours, (1 day), prior to the service date and reschedule another consultation according to available dates and times, without incurring any costs. Cancellations within 24 hrs are deemed nonrefundable.

    b. All consultations are valid come rain or shine though there may be variations to accommodate external factors. All consultations will start promptly on time. If you arrive to the online consultation 15 minutes or more after the reservation time for a consultation, your reservation will be canceled and no refund will be issued. No-shows for all consultations are treated as last-minute cancellations and no refund will be issued.

    c. Should you wish to make any changes to your reservation for a consultation, you must request said changes as soon as possible and no later than 24 hours (1) day before the date and time of your consultation. While we will attempt to accommodate your change request, we cannot guarantee we will be able to do so. If we cannot, you will have the option to maintain the existing reservation or to cancel as set forth in sections (a) and (b) above. 

4.        Changes and Cancellation by blowleaf.

    a.   We will make every reasonable effort to provide the Services in accordance with the descriptions provided on our Site. Although it is unlikely that we will have to make any changes to your reservation or cancel confirmed consultation, we reserve the right to do so should it become necessary or advisable. If we cancel your reservation, we will either provide you a credit that you may use towards future Service / consultation or a full refund at our discretion. 

5.        Medical Conditions, Disabilities and General Health. 

    a.   If you make a reservation for a Service, we will assume that you have no medical conditions, disabilities, general health issues or food or allergy issues (“Medical Conditions”) that would prevent or hamper you from participating in the Services. In the event that you do in fact have any Medical Conditions, we will attempt to accommodate said Medical Conditions when we can and it is reasonable to do so. However, we do not guarantee that we are able to make any such accommodations. In the event that you cannot participate in the Services because of undisclosed Medical Conditions, we may, in our sole discretion, offer a substitute Service or cancel your reservation without refund. Please contact us if you are unsure about whether you are able to participate in a Service. 

    b.   Under no circumstances should you use the Services if your doctor has advised you against it, or would advise you against it if consulted. 

6.        Consultation Participation and Your Conduct. 

    a.   You agree to accept the authority and decisions of our employees, advisors, coaches, assessors and agents while participating in nay of our services and consultations. If in the opinion of any such person(s) or any other person in a position of authority, your health, level of fitness or conduct at any time before or during a consultation is endangering or appears likely to endanger your health or wellbeing or that of any third party (including any other stakeholder of blowleaf) or the safe, comfortable or happy progress of the service or consultation, you may be excluded from all or part of the consultation or service without refund or recompense.

    b.   You accept responsibility for the proper conduct of yourself. We reserve the right in our reasonable discretion to terminate your consultation or service if your conduct proves disruptive or detrimental to the consultation or service, or if said conduct may prejudice our reputation, all in our sole discretion. In such event we shall have no further responsibility or liability to you. No refund or payment of any costs incurred by you will be made by us under these circumstances.

7.        The Site and Advertising Accuracy.

All information contained on the Site and in our advertising materials has been provided in good faith, and is considered correct at the time of publication. However, occasional errors may occur, and information may subsequently change, and we are not responsible for such errors or omissions. You must therefore ensure you check all details of your chosen Service (including the price) at the time of booking. 

8.        Third Party Sites.

The Site may contain links to third party websites, services or other resources on the internet (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.

9.        Intellectual Property Rights.

    a.   All information and content available on the Site and its “look and feel,” except all User Content, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organisation thereof (collectively, the “Content”) is the property of Blow Leaf and is protected by UK laws including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided by Blow Leaf. Any unauthorised use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of UK laws.

    b.   The trademarks, service marks, logos, and other indicia (collectively the “Trademarks”) which appear on the Site are registered and unregistered trademarks of Blow Leaf. Nothing contained on the Site should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission from us. All rights are expressly reserved and retained by Blow Leaf. Your misuse of any of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. 

    c.    All materials provided to you during or in connection with the Services is Blow Leaf copyrighted work and is protected by UK laws. Nothing contained on the Site should be construed as granting, by implication or otherwise, any right, license or title to any of the copyrighted work without the advance written permission from us. All rights are expressly reserved and retained by us. Your misuse of any of the copyrighted work provided to you, except as provided in these Terms and Conditions, is strictly prohibited. 

13.      Our Liability. 

    a.   THIS SECTION LIMITS BLOW LEAF LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SITE OR THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS AND CONDITIONS, PLEASE SEEK LEGAL COUNSEL FOR CLARIFICATION BEFORE ACCESSING OR USING THIS SITE OR PARTICIPATING IN A TOUR.

    b.   THE INFORMATION, CONTENT, SOFTWARE AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. BLOW LEAF DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE SERVICES DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL SERVICE DESCRIPTIONS ETC). IN ADDITION, BLOW LEAF EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

    c.    THE ADVISORS, COACHES AND ASSESSORS THAT PROVIDE THE SERVICES ADVERTISED ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BLOW LEAF. BLOW LEAF ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH ADVISOR, COACH OR ASSESSOR OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF THE SERVICES OR YOUR USE OF THE SERVICES. BLOW LEAF HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

    d.   IN NO EVENT SHALL BLOW LEAF (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, SERVICE BOOKINGS MADE BY YOU THROUGH THIS SITE OR YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BLOW LEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    e.   If Blow Leaf are found liable for any loss or damage that arises out of or is in any way connected with your use of the Site or your booking or use of the Services made available through our Site, then Blow Leaf liabilities will in no event exceed, in the aggregate, the transaction fees paid to Blow Leaf for the transaction(s) on this Site giving rise to the claim.

    f.    The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Blow Leaf.

14.      Indemnification.

You agree to defend and indemnify Blow Leaf and and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:

    i.     your breach of these Terms and Conditions or the documents referenced herein;

    ii.    your violation of any law, rule, regulation or guideline;

    iii.   your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;

    iv.   your use of this Site in any manner other than as intended; or

    v.    your negligence or wilful misconduct.

15.      Disclaimer.

BLOW LEAF MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SOFTWARE, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BLOW LEAF DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE BLOW LEAF, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLOW LEAF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

16.      Governing Law.

You agree that: (a) Blow Leaf shall be deemed solely based in England, United Kingdom; and (b) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Blow Leaf, either specific or general, in jurisdictions other than England, United Kingdom. These Terms and Conditions shall be governed by the internal substantive English law, without respect to its conflict of laws principles. Furthermore, the parties agree that the sole and exclusive venue for any dispute or claim arising out of or in connection with these Terms of Service shall be the courts sitting in England, United Kingdom.

Should you have any questions concerning these Terms and Conditions, please email info@blowleaf.co.uk

How to Cancel: email info@blowleaf.co.uk or reply to your reservation booking confirmation email with your booking reference, booking name and consultation theme.