Terms and Conditions
Legal disclaimer & terms of service
By scheduling &/or paying for any service offered through this website &/or communicating with Gabriella Fotara by any means you are attesting that you have read and understood this legal disclaimer and these terms of service. Further, you attest that you understand and willingly enter into, agree with and accept the following:
- These Terms and Conditions & Legal Disclaimer covers Gabriella Fotara T/as Inspire (Simply Gabriella)
- Gabriella Fotara T/as Inspire (Simply Gabriella) accepts no liability and/or responsibility for any actions and/or decisions any client chooses to take or make based on his/her consultation with Gabriella Fotara T/as Inspire (Simply Gabriella) and/or any of her websites or social media.
- You agree to absolutely indemnify and hold harmless Gabriella Fotara T/as Inspire (Simply Gabriella) and any of her websites, their heirs, relatives, agents or assignees in perpetuity and throughout all known and unknown universes.
- Copyright and confidentiality laws apply. You agree you will not publish, display, share, distribute and/or archive any material, photo, content, etc. without express written permission from Gabriella Fotara T/as Inspire (Simply Gabriella), Owner and Publisher.
- You may share my content and videos on appropriate social media outlets as long as appropriate attribution is given. For permission to share my content on other venues please contact me.
- Privacy Policy – for details click HERE
- You fully understand and of your own free will, choose to enter into this disclaimer and terms of service agreement prior to booking / engagement of services or communications.
Terms and Conditions of Supply of Simply Gabriella
1. Introduction
www.simplygabriella.co.uk (Site), is owned and operated by Gabriella Fotara, trading as Inspire (Simply Gabriella)
Please read these terms and conditions carefully before placing an order. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.
2. Changes to terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
3. Privacy policy and Acceptable use policy
Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy HERE.
4. Age restriction
You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
5. Acceptance of order
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
7. Representations
7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. Provision of Services
8.1 We will supply the services to you from the date set out in the order for the period set out in the order.
8.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 below for our responsibilities when an Event Outside Our Control happens.
8.3 Gabriella Fotara will not guarantee any success while or after any event or service. Whilst all readings and advice are given in very good faith, some information may constitute an opinion or a judgement. Under current English law, we are obliged to advise that all readings and advice given are for entertainment purposes only. The Services provided, whether given in a reading, class, workshop, or any other form, do not represent legal, psychological, medical, business, or financial advice and are not intended to be a substitute for professional care and or advice.
8.4 We will need certain information from you that is necessary for us to provide the services, for example, email and home address, name and phone number. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.
8.5 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you
8.6 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
8.7 If we supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
Copyright © Simply Gabriella 2010-2022 Gabriella Fotara. We are the owner of all intellectual property rights in this article [OR our website, and in the material published on it]. These works are protected by copyright laws and treaties around the world. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to view this article [OR website and the material on this website] on a computer or mobile device via a web browser, to copy and store this article [OR website and the material on this website] in your web browser cache memory and to print pages from this website for your own personal and non-commercial use. You may not reproduce in any format (including on another website) any part of our website (including content, images, designs, look and feel) without our prior written consent. Other than the above, we do not grant you any other rights in relation to this website or the material on this website and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission. If you print off, reproduce, copy, or download any part of our site in breach of this notice, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.
9. If there is a problem with the services
9.1 In the unlikely event that you are not happy with the services:
a) please contact us and tell us as soon as reasonably possible.
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to solve the problem within 7 days.
9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.3 Before we begin to provide the services, you have the following rights to cancel our services:
a) Subject to clause 9.4 below, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by using the Form of Cancellation (see below) . We will confirm your cancellation in writing to you.
b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
c) however, if you cancel an order for services and we have already started providing the services by that time, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
9.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.
10. Termination
10.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
b) you break the contract in any other material way, and you do not correct or fix the situation within 14 days of us asking you to in writing.
10.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.
11. Price and payment
11.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
11.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect. (This clause goes into affect once the company is legally obligated to become VAT registered, until then no VAT is added)
11.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
11.4 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us. We accept payment with all major Debit and Credit cards.
11.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Starling Bank 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.
12. Limitation of liability
12.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13. Circumstances beyond our control
13.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
13.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lockouts, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
13.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
13.4 you will be notified as soon as reasonably possible; and
13.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
13.6 If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.
14. Notice
14.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Simply Gabriella at connect.gabriella@gmail.com
14.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.
15. miscellaneous
15.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
15.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
15.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
15.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.
15.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
15.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.
16. contact us
16.1 For any questions or queries you can contact us at or e-mail us at connect.gabriella@gmail.com
APPENDIX
FORM OF CANCELLATION
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
Gabriella Fotara T/as Inspire (Simply Gabriella) has no liability in respect of the content of other websites that are linked to or from www.simplygabriella.co.uk . These provisions (terms, conditions, disclaimers and exclusions) shall be construed in accordance with the laws of the United Kingdom. If any of these provisions are deemed or found to be unlawful, void or for any reason unenforceable then the provision or provisions so found shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
By booking a course/seminar/workshop or attending our training sessions or any other services of Gabriella Fotara T/as Inspire (Simply Gabriella) you agree to be bound by these terms and conditions.
