Terms and conditions

Please read all these terms and conditions

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with

Application

1.     These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer, Member or you). We (David Sanders, Financial Trainer and Money Management Coach, trading as masterMONEYsimply with email address david@mastermoneysimply.com; (the Supplier or us or we).

2.     These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

3.     We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of masterMONEYsimply means that you accept any new or modified terms.

Interpretation

4.     Customer or Member means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

5.     Contract means the legally-binding agreement between you and us for the supply of the Services;

6.     Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

7.     Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

8.     Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

9.     Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;

10. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

11. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

12. Website means our website https://www.mastermoneysimply.com on which the Services are advertised.

The Members

13. The members of the masterMONEYsimply private community group are those persons who obtain access to the Services from us by:

a)  Signing or accepting this agreement;

b) Subscribing to the services we offer;

c)  Making full payment of the Membership fees in accordance with this Agreement;

d) Only persons aged 18 year of age or over and who are able to enter into a binding agreement are eligible to become Members.

Agreement

14. By joining as a Member of the masterMONEYsimply private community group you agree to be bound by this Agreement and that the contents hereof will govern your relation with us. This agreement informs you of the terms and conditions applicable to your membership of masterMONEYsimply private community group. Before you decide to join us as a Member it is important that you:

a)  Read these terms and conditions carefully and make sure that you take special note of the cancellation and refund policy, the limitation of liability and your release contained in the Agreement;

b) Retain a copy of the Agreement for your future reference;

c)  Make sure that you are satisfied with the privacy policy of the masterMONEYsimply private community group.

Membership and conduct within private and social media groups

15. In order to become a Member of the masterMONEYsimply private and social media community groups you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these Terms and Conditions). Participation in a private members group also requires for you to have set up the relevant social media accounts in order that we may grant you access and administer your membership.

16. Membership is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for membership, without giving a reason.

17. As a member of any private masterMONEYsimply social media group it is your responsibility to manage access and passwords through your own private access account.

18. At masterMONEYsimply we support active and open debate among our members and with us.  We politely ask, when it comes to your conduct within any private masterMONEYsimply group on our website or via social media, that it is done in a lawful, civil and respectful manner – be it posting on our community page or making contact to other members directly. Communication that causes offence to other members gives us the right to immediately suspend your membership within the private community.

19. You agree to use the masterMONEYsimply private or social media community group for lawful and non-professional purposes only.

20. We reserve the right to terminate your subscription and membership of our masterMONEYsimply private community or social media groups at any time if, in our view, you have violated the policy herein, without the need to provide a reason.

21. You may not use, or allow others to use, your masterMONEYsimply private or social media group membership to:

a)  Post or transmit statements that are false or misleading, or use such statements to manipulate the market for any security, or engage in any type of market abuse;

b) Offer, sell, or buy any security;

c)  Violate any applicable laws, rules or regulations, including those of the Financial Conduct Authority and the national or other securities exchanges;

d) Post or transmit any content that is disruptive, uncivil, abusive, obscene, hateful, fraudulent, threatening, unlawful, harassing, defamatory, discriminatory, or which discloses confidential or private or personal matters concerning any person;

e)  Post of transmit any material that could prejudice any active legal proceedings (including criminal proceedings) of which you are aware or which breaches any court order of which you are aware;

f)   Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary obligations (as in non-disclosure agreements) or which infringes any intellectual property right or other right of any person;

g)  Post or transmit any sexually explicit material;

h) Post or transmit material which does or is likely to cause someone alarm, anxiety or distress or to encourage violence;

i)   Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes;

j)   Re-post material that you are aware has been removed;

k)  Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation or status;

l)   Encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;

m)    Collect or store personal data about other users or act in breach of data protection legislation (such as the GDPR);

n) Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;

o)  Try to get around any protections, suspensions or terminations we put in place for the security and operation of our sites;

p) Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

q) Take any action that damages or disrupts the functioning of our systems or services;

r)  Link to any site, page, post or platform that includes material in breach of any of the above rules.

22. Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than the interfaces we provide for use in accessing them.

23. While we are not able to review all transmissions by our users, we reserve the right to monitor any information transmitted or received through our services. We, at our sole discretion and without prior notice or any obligation on our part, may at any time review, edit, remove, or otherwise block any post or prevent, suspend or terminate your membership for violating the above provisions or otherwise taking any action considered by us to be disruptive to our service, staff or operations.

24. You are responsible for all statements made and acts that occur through the use of your membership

Services

25. The description of the Services and Goods is as set out in the Website, catalogues, brochures or other form of advertisement.

26. We can make changes to the Services that are necessary to comply with any applicable law. We will notify you of these changes.

Indemnification

27. You agree to indemnify, defend, and hold harmless masterMONEYsimply, and its affiliates, directors, officers and employees from and against any claim, liability, cost, damage or loss we may incur (including, without limitation, attorneys’ fees) as a result of any material you post on our community forums or any violation by you of your obligations under these terms and conditions.

Personal information

28. We retain and use all information strictly under the Privacy Policy.

29. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.

30. You must have a valid email registered with us at all times. If an email that we send to you should bounce for some reason, your account may be temporarily suspended until you contact us with a verifiable address.

Privacy policy

31. We shall hold your personal details on file and on computer in accordance with the General Data Protection Regulation (GDPR)(EU) 2016/679.

Basis of Sale

32. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

33. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

34. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

35. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.

Investment and Payment

36. You must pay to masterMONEYsimply (David Sanders) in consideration of the products and/or services offered by us, the fee specified in the Order Form in one lump sum without set off, deduction or counterclaim.

37. Payments made under this agreement must be made by the means specified in the Order, and we can take payment immediately or otherwise before delivery of the Services.

38. Fees and charges include VAT at the rate applicable at the time of the Order.

39. If Payments are not made by the due dates, your membership may be cancelled and no refund or credit will be given.

Term of membership

40. ‘Membership’ gives the Member access to the Services of the masterMONEYsimply private members community for the period specified on your Order form.

41. Membership to the masterMONEYsimply private members community is on-going and will continue until the contract is terminated on 1 months’ written notice. The membership fee for each period of 12 months will be due and payable on the anniversary of your membership each subsequent year. The cost of membership will be discounted after the initial minimum period.  Additional private coaching is chargeable. Members have the option to pay in full or by monthly instalment at this time. Payments will be required until such time that notice of cancellation is provided.

Membership fees

42. The membership fee payable is set out for you on your Order Form. All Members will need to have contracted to a payment plan upon signing the Agreement and joining as a Member of masterMONEYsimply private members community

43. This is not a credit agreement and as such is not covered by the Consumer Credit Act 1974. The ‘Membership Fee’ is the total amount payable by the Member over the selected period for the selected service as set out on the Order Form. Should you choose to pay your annual Membership in 1 annual payment on the date of joining, a discount will be applied as indicated on the Order Form.

Withdrawal and cancellation

44. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

45. This contract has the cancellation rights (Cancellation Rights) set out below.

Right to cancel

46. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

47. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

48. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision and send by email to david@mastermoneysimply.com

49. You can also electronically fill in and submit the Contact Us form on our Website, https://www.mastermoneysimply.com to cancel the Contract. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg. by email) without delay.

50. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

51. Membership to the masterMONEYsimply private community group is on-going and will continue until the contract is terminated on 1 months’ written notice.

52. Cancellation of annual prepaid subscriptions require 2 months written notice, and reimbursement will be made on the basis of: the number of whole months annual subscription remaining less two months, multiplied by the cost of one months membership based on the annual subscription fee charged.

Limitation of liability

53. The information, services, educational material provided is for financial education purposes and does not constitute personal financial advice. While the information provided is believed to be accurate and impartial, it may include errors or inaccuracies. We cannot warrant its usefulness for any particular purpose.

54. A key principle of masterMONEYsimply is that the best person to manage your money and finances is you, and by your use of our service, you’re agreeing that you bear full responsibility for your own financial planning and investment decisions. You also agree that masterMONEYsimply shall not be liable for any decision made or action taken by you or others in reliance upon news, information, or any material published by us.

55. You understand and acknowledge that information posted or transmitted by other users are the sole responsibility of the person from whom such material originated. We take no responsibility for the accuracy, completeness, timeliness, or even truth of the information posted in our areas.

56. We will not and cannot be held liable for any actions you take as a result of anything you read from us, or are told. We recommend you conduct your own due diligence, or consult a licensed financial advisor or broker before making any investment decisions. Any investments, trades, speculations, or decisions made on the basis of any information found on our Website, materials, within the private members community forums or communicated in any other forms from us, expressed or implied, are committed at your own risk, financial or otherwise.

57. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

58. We cannot guarantee the continuous, uninterrupted or error-free operability of the website. There may be times when certain features, parts or content of the website, or the entire website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the website, or any features, parts or content of the website.

59. The website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

60. We will not be liable, in contract or tort in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:

a)  Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

b) Any loss of goodwill or reputation;

c)  Any special or indirect losses;

d) Wasted management or office time

e)  Any loss or damage of any kind suffered as a result of or incurred arising out of or in connection with the provision of the Services in terms of this Agreement even if such losses are forseeable or result from a breach by us or as a result of any action we have taken in response to any breach by the Member.

61. The Member hereby releases and holds us, our affiliates, representatives and employees harmless form all liability, which they may at any time, have to the Member (except for gross negligence) resulting from:

a)    The training and/or any portion of the training in which the Member voluntarily participates

b)   Any negligent acts or omissions

c)    Actions

d)   Damages

e)    Proceedings

f)     Claims

g)    Costs

h)   Demands

Copyrights and Title

62. Except as expressly provided in this Agreement, all of the content on this site is the property of masterMONEYsimply and is protected by UK copyright laws. “Content” means any information, mode of expression, or other material and services found on our Website. This includes our writings, graphics and any and all other features found on the site. Our content is intended for individual, personal use only. Accordingly, you may make one copy of our content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice:

“Copyright masterMONEYsimply. Any other copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without our prior written permission.”

63. You do not own the Goods until we have received payment in full.

64. The Member agrees to use all information contained and presented between Members and us only for the purposes of self-improvement

Severability

65. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in this Agreement and the remainder of the provision in question will not be affected and shall remain of full force and effect.

Non-waiver

66. Should we at any time fail to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the rights or remedies to which we are entitled under this Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. No waiver by us shall be effective unless it is expressly stated to be a waiver and is in writing.

Non-representation

67. You acknowledge that you have not relied upon or been induced to enter into this Agreement by any representation other than a representation expressly set out in this Agreement and we shall not be liable to you in contract or tort, under the Misrepresentation Act 1967 or in any other way for any representation not expressly set out in this Agreement. Provided that nothing in this Agreement shall affect our liability in respect of any fraudulent misrepresentation.

Whole agreement

68. This Agreement sets out the entire understanding between you and us in relation to the matters concerning Membership of the masterMONEYsimply private members community and no other agreements or understandings, not contained herein, shall be relied upon by you.

Variation

69. We reserve the right to make changes to these terms and conditions, which regulate the basis upon Membership of the masterMONEYsimply private members community, as may be required. Should we make any such changes we will advise you and you will have the right to terminate your membership of the private members community within seven (7) days from date of the notice of change, should you not wish to accept the changes. In this event you will not be liable for further membership fees, which fall due after the effective date of a correct notice of cancellation has been received by us.

Governing law, jurisdiction and complaints

70. These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

71. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us by email at david@mastermoneysimply.com to find a solution. We aim to respond with an appropriate solution within 5 days.

Dispute resolution

72. If any dispute arises, then we agree to attempt to settle it by mediation. We both remain entitled to seek resolution of any contractual dispute in any court or tribunal without having to undergo a mediation process.

73. Should there be a dispute that cannot be resolved between you and us then The European Online Dispute Resolution platform provides information about alternative dispute resolution.

Force Majeure

74. If we are prevented or impeded from performing any of our obligations as a result of an event over which we have no control (‘Force Majeure’) we shall promptly give notice to you stating the circumstances consisting of such event of Force Majeure and the extent and likely duration whereupon such obligations shall be suspended for as long as the event of Force Majeure continues.

75. If we are affected by an event of Force Majeure we shall make every reasonable effort to minimise the effects thereof and shall promptly resume performance as soon as reasonably possible after removal of the event of Force Majeure.

76. Where the period of non-performance in relation to any event of Force Majeure exceeds 30 Days from the date of notice of such event of Force Majeure then you or the Company may by written notice terminate this Agreement forthwith.

Successors and our sub-contractors

77. Either party can transfer the benefits of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Terms & Conditions, last updated 08/06/18