Community Terms & Conditions

THE ECOMMERCE ASSISTANT COMMUNITY MEMBERSHIP TERMS OF SALE

These Terms of Sale, together with any and all other documents referred to in these terms, set out the terms under which Content and Membership Services, accessed via your Subscription, is sold by Us through this website, www.theecommerceassistant.com (“Our Site”).  

Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Content and Membership Services through Our Site.  

It is important to read these terms:  Please read these terms carefully before you complete your purchase. These terms tell you who We are, how We will provide the Content and Membership 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 should be read together with:
  • Our Privacy Policy, which sets out the personal information We collect from you, how it is processed and who has access to it; 
  • Our Cookie Policy, which sets out what cookies are used on this website, for what reason and how you can disable them; and
  • Our Membership Rules and Guidelines

  • Definitions 
    •

    In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

    Content

    means any digital content, including webinars, sold or made available by Us through Our Site;

    Contract

    means a contract for the purchase of a Subscription to access Content and Membership Services, as explained in Clause 6;

    Membership Services

    means the services provided by Us though the Subscription, including events and meetings;

    Subscription

    means a subscription to Our Site providing access to Content and Membership Services;

    Subscription Confirmation

    means our acceptance and confirmation of your purchase of a Subscription;

    Subscription ID

    means the reference number for your Subscription; and

    We/Us/Our

    means The Ecommerce Assistant, 4, 33 Firecracker Drive, Locks Heath, Hampshire, England, SO31 6BW

  • Information About Us
    •
      1. Our Site, www.theecommerceassistant.com, is owned and operated by The Ecommerce Assistant, 4, 33 Firecracker Drive, Locks Heath, Hampshire, England, SO31 6BW

  • Restrictions
    •

    Subscriptions and access to Content are only available to business users and are not suitable or available for consumers.

  • Subscriptions, Content, Pricing and Availability
    •
        1. We make all reasonable efforts to ensure that all descriptions of Subscriptions, Content and Membership Services available from Us correspond to the actual Subscription, Content and Membership Services that you will receive. 
        2. We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.  We will inform you of any change in price before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.
        3. Where any updates are made to Content and/or Membership Services, that Content and/or Membership Services will continue to match Our description of it as provided to you before you purchased your Subscription.  
        4. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  Changes in price will not affect any order that you have already placed (please note sub-Clause 4.5 regarding VAT, however).
        5. All prices on Our Site do not include VAT.  If We become VAT registered or if the VAT rate subsequently changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  • Orders – How Contracts Are Formed
    •
        1. Our Site will guide you through the process of purchasing a Subscription.  Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.
        2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Content that results from you providing incorrect or incomplete information.
        3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
        4. Subscription Confirmations shall contain the following information:
          1. Your Order ID;
          2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Content/Membership Services available as part of it;
          3. Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
          4. The duration of your Subscription (including the start date, and the renewal date).
  • Payment
    •
      1. Payment for Subscriptions must always be made in advance.  Your chosen payment method will be charged when We process your order and send you a Subscription Confirmation.
      2. We accept the following methods of payment on Our Site:
        1. Credit or debit card
        2. Apple pay, Google pay, Shop pay
      3. Your Subscription will automatically come to an end when the initial Subscription has expired.  We will endeavour to send you a reminder prior to expiry.  If you do not make payment within one month of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.
      4. If you believe that We have charged you an incorrect amount, please contact Us at hello@theecommerceassistant.com as soon as reasonably possible to let Us know.  You will not be charged for Content or Membership Services while availability is suspended.  

  • Provision of Subscription Services
    •
        1. Content and Membership Services appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.
        2. In some limited circumstances, We may need to suspend the provision of Content (in full or in part) for one or more of the following reasons:
          1. To fix technical problems or to make necessary minor technical changes; or
          2. To update the Content to comply with relevant changes in the law or other regulatory requirements.
        3. If We need to suspend availability of the Content or the Membership Services for any of the reasons set out in sub-Clause 7.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons, in which case We will inform you as soon as reasonably possible after suspension).  If the suspension lasts (or We tell you that it is going to last) for more than 7 calendar days, you may end the Contract as described below in sub-Clause 11.2.
        4. We may suspend provision of the Subscription if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within 7 calendar days of Our notice, We may suspend provision of the Subscription until We have received all outstanding sums due from you.  If We do suspend provision of the Subscription, We will inform you of the suspension.  You will not be charged for any Content or Membership Services while provision is suspended.
        5. Any refunds under this Clause 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
        6. Refunds under this Clause 7 will be made using the same payment method that you used when purchasing your Subscription.
        7. We use the platform providers Shopify, Slack and Searchie to host the The Ecommerce Assistant Community and it is through these platforms that We provide our Subscription services to you.  We are not responsible for the actions and omissions that these platforms may make, and you agree to review and agree to their own Terms of Use and Privacy Policy before purchasing a Subscription with Us.

  • Licence
    •
      1. When you purchase a Subscription to access Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Content for personal purposes.  The licence granted to you does not give you any rights in Our Content (including any material that We may licence from third parties).

    8.2 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

  • Problems with the Content
    •

    If there is a problem with any Content, please contact Us at hello@theecommerceassistant.com or visit the contact page on Our Site www.theecommerceassistant.com to inform Us of the problem.

  • Cancelling Your Subscription
    •

    You may cancel your Subscription at any time by writing to us via email or logging into your account and cancelling the subscription yourself, however subject to Clause 11 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will continue to have access to the Content and Membership Services for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

  • Your Other Rights to End the Contract
    •
        1. You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription.  If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Content until that date.
        2. If We have suspended availability of the Content for more than 7 calendar days, or We have informed you that We are going to suspend availability for more than 7 calendar days, you may end the Contract immediately, as described in sub-Clause 7.3.  If you end the Contract for this reason, We will issue you with a pro-rata refund.
        3. If there is a risk that availability of the Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately.  If you end the Contract for this reason, We will issue you with a pro-rata refund.
        4. Refunds under this Clause 11 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
        5. If you wish to exercise your right to cancel under this Clause 11, you may do so by contacting Us directly to cancel, via email at hello@theecommerceassistant.com
  • Our Liability
    •
    1. Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    2. Subject to sub-Clause 12.1, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the fees paid by You for your Subscription in the previous 12-month period.
    3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
  • Contacting Us
    •

    If you wish to contact Us with any questions, cancellations or complaints, you may contact Us by telephone at 07709 142944, by email at hello@theecommerceassistant.com, or by post at 4, 33 Firecracker Drive, Locks Heath, Hampshire, England, SO31 6BW

  • How We Use Your Personal Information (Data Protection)
    •

    We will only use your personal information as set out in Our Privacy Policy, available from Privacy Policy and Cookie Policy.

  • Other Important Terms
    •
        1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
        2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.  
        3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
        4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
        5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
        6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).
  • Law and Jurisdiction
    •
      1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
      2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.