Terms & Conditions

By using askstephen.co.uk, you are consenting to our terms and conditions as outlined below.

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.

1.2 Why you should read them. Please read these terms carefully before you join our membership site or we provide any services to you. These terms tell you who we are, how we will provide services 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 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 8 Retail Consulting Ltd, a company registered in England and Wales and trading as “AskStephen”. Our company registration number is 10718753 and our registered office is at 12 Church Street, Cromer, Norfolk, NR27 9ER. Our registered VAT number is 293 4723 79.

2.2 How to contact us. You can contact us by telephoning 07791 324370 or by writing to us at sbw@8rc.co.uk.

2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or telephone number you have provided to us.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our services

3.1 Membership Site. askstephen.co.uk is a membership site providing online training, courses, resources and other content relating to planning, creating, marketing and growing a membership site (the “Services”). Any reference in these terms to the Site is to askstephen.co.uk.

3.2 Over 18s Only. To access our Site and Services, you must be 18 years of age or above. In agreeing to our terms you warrant that you satisfy this age condition and that you have the necessary capacity and authority to agree to these terms.

3.3 Account Creation. In order to access the Services, you need to create an account and provide certain information to us such as (but by no means limited to) your name, email address, user name and password. It is your responsibility to ensure that your account/personal information is accurate and up to date. Please refer to clause 15 as to how we may use your personal information.

3.4 Ongoing services. We will supply the Services or digital content to you until either the Services are completed, your subscription expires, or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 8 (whichever is applicable).

3.7 Monthly Subscription. If you have opted to pay for a monthly subscription, this means that you have access to all our Services for 30 days from acceptance of your order. Your subscription will not renew automatically after the 30 day period.

3.5 Price for Services. Some of our Services will be provided to you free of charge whereas others will attract a fee. These specific Services will not be provided to you until such time as you have made payment to us.

3.6 Acceptance of your Order. We will email you to confirm placement of your order and we will provide you with details of the Services provided, together with any ongoing payments if relevant, such as (but by no means limited to) the yearly subscription or lifetime access referred to in clauses 3.8 and 3.9 below. No order is deemed accepted by us until your payment has been processed.

3.8 Yearly Subscription. If you have opted to pay for an annual subscription, this means that you have access to our all our Services for 365 days from our acceptance of your order. Your subscription will renew automatically for a further 365 days unless you cancel the contract with us in accordance with clauses 6 or 7 below.

3.10 Use of Site and Services. You may use the Site and Services for lawful purposes only and you agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. Our Site, Services and digital content must be accessed for legitimate, non-commercial purposes only. You must not post or transmit through the Site, any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

3.9 Lifetime Access. If you have signed up to ‘Lifetime Access’, this means that you have signed up to access all our Services for the lifetime of the Site. If askstephen.co.uk ceases to exist or we or Ask Stephen ceases trading, your contract with us will terminate immediately.

4. Your rights to make changes

If you wish to make a change to the Services you have ordered please contact us immediately. We will let you know if the change is possible and will discuss this with you and any consequences as a result of your request.

5. Our rights to make changes

5.1 We may change the Site or Services:

(a) as we deem appropriate in the circumstances and without obligation to assign reason for doing so;

(b) to discontinue any aspect or feature of the Site or Services;

6.2 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 which have not been provided or any digital content that has not been completed and you may also be entitled to compensation. The reasons are:

5.2 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will not be held responsible. For example this includes (but is by no means limited to) delays which are caused due to third party web hosting and membership site plug ins.

5.3 Reasons we may suspend the supply of Services. We may have to suspend the supply of Services to:

(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(b) update the Services to reflect changes in relevant laws and regulatory requirements;

(a) deal with technical problems or make minor technical changes; and

(d) to implement technical adjustments and improvements, for example to address a security threat.

6. Your rights to end the contract

6.1 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a) we have told you about an upcoming change to the Services or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(d) we have suspended supply of the Services for technical reasons, or we notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks in any twelve week period; or

(e) you have a legal right to end the contract because of something we have done wrong.

6.3 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 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, in so far as they relate to the Site and provision of Services to you.

6.4 Our Goodwill Guarantee. Under the Consumer Contracts Regulations 2013, your right as a consumer to change your mind does not apply in respect of Services once these have been completed, even if the cancellation period is still running. In most cases, our Services will be delivered to you immediately, so you will not have a right to change your mind. However, we do offer both consumers and businesses a 30 day money back guarantee should you be unhappy within your first month of your yearly membership subscription or lifetime access. After the 30 day period, you can end the contract with us but you will not be entitled to receive any money back from us.

(b) Online. Click on the contact us button on the Site.

(a) Services, once these have been completed, even if the cancellation period is still running; and

6.5 When you don’t have a right to change your mind. You do not have a right to change your mind in respect of:

6.6 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 your mind (see clause 6.3), you can still end the contract before it is completed. A contract for 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 and or if you would like to cancel your monthly subscription, annual subscription or lifetime access, please refer to clause 7.2 below.

(b) Digital products after you have started to download or stream them.

The contract will not end until two business days after the day on which you contact us.

7.1 Refunds: Unless we are obliged to do so under clauses 6.2 or 6.3 or unless you are exercising your rights under our Goodwill Guarantee at clause 6.4 above, we will not refund any payments made by you to us.

7. How to end the contract with us (including if you are a consumer who has changed your mind)

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

8.1 We may end the contract if you break it. We may end the contract for provision of our Services at any time by writing to you if:

(a) Email. Email us at stephen@askstephen.co.uk Please provide your name, home address, details of your order and, where available, your phone number and email address.

(a) you do not make any payment to us when it is due;

(b) you do not comply with our requirements as to use of our Site and Services as detailed in clause 3.10 above; or

8. Our rights to end the contract

8.2 We may withdraw the Site or Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 14 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

9. If there is a problem with the Site or Services

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our director, Stephen Balmer-Walters on 0779 1324370 or write to us at stephen@askstephen.co.uk

10. Your rights in respect of defective products if you are a consumer

11.1 Where to find the price. The price of the Services or digital content (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

11.2 When you must pay and how you must pay. We accept payment with visa debit, visa credit, mastercard, maestro and apple pay. When you must pay:

10.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Site and Services. 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, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you're entitled to a repair or a replacement.

b) 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

c) 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

If your product is services, 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.

(a) For digital content, you must pay for the products before you download them.

(b) For Services, which attract a fee, you must pay the fee before we start providing them.

11. Price and payment

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

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.

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

12. Our responsibility for loss or damage suffered by you if you are a consumer

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 and for defective products under the Consumer Protection Act 1987.

12.3 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.

(b) fraud or fraudulent misrepresentation;

12.4 We are not liable for business losses. We only supply the Services and products for to you for domestic and or 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 13.

13. Our responsibility for loss or damage suffered by you if you are a business

(c) 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

(d) defective products under the Consumer Protection Act 1987.

13.2 Except to the extent expressly stated in clause 13.1 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.

13.3 Subject to clause 13.1:

14.4 We do not claim any Intellectual Property Rights in any Materials you upload onto the Site. In posting any Materials on our Site, you grant us a worldwide non-exclusive, irrevocable license to use such Materials for our promotional use, and for business development and marketing purposes.

(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

14. Intellectual Property

14.5 As a feature of the Site, askstephen.com may provide access to a community or social media platforms, in conjunction with or in addition to the provision of Services. We are under no obligation to provide such a community or platform, and we will set up and operate this at our absolute discretion. You agree that your use of any such community or social media platform is a privilege and that we may limit or deny your access as we see fit. We are not required to provide you with notice, and we reserve all rights to take immediate and appropriate action to protect our brand and image integrity.

(b) 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 [SEVENTY FIVE/ONE HUNDRED] per cent ([75/100]%) of the total sums paid by you for Services and or digital content under such contract.

14.6 We may from time to time run interactive webinars as part of our Services. In attending and participating in such an event, you consent to your name, images, words, voice and likeness being used by us for our promotional use, and for our business development and marketing purposes generally.

14.1 For the purpose of this clause 14 and these terms generally, “Intellectual Property Rights” means patents, rights to Inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights to use and preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and rights to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

14.2 In accepting these terms, you acknowledge that all Intellectual Property Rights in the Site and our Services’ content belong to us to the fullest extent permitted by law. We give you access to our materials to the extent necessary for us to carry out our obligations to you in relation to the Services and these are for your individual use only, on a single user basis. For the avoidance of doubt, the provision of Services or digital content and our contract with you does not transfer any interest in Intellectual Property Rights to you. We do not agree to you selling or distributing our materials to anyone else and no license to sell or distribute our materials to any third party is granted or implied. You must not copy, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our Site or our Services content, in whole or in part, without our prior written consent. This includes but is by no means limited to, sharing material with others, posting excerpts of material on any social media, blogging about our material, or in any other way that would reasonably appear to share our Site or our Services information with a non-member. We reserve the right to immediately remove you from the Site and end our contract with you, without refund, if you are caught violating these intellectual property clauses.

14.3 You must not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by Intellectual Property Rights without the express written permission of the owner of such Intellectual Property Rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of Intellectual Property Rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

15. How we may use your personal information

15.1 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 (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.

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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date or end the contract with 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. Neither of us will need to get the agreement of any other person in order to end the contract or for us to make any changes to these terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

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 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.

16.7 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.

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