Shop Terms and Conditions

1 Introduction        

1.1 This website, shop.vanguard-method.net (“Website”) and the Vanguard CapChart application (“Capchart”), are owned and operated by Vanguard Consulting Limited (“Vanguard”, “us” or “we”) whose registered office is Villiers House, 1 Nelson Street, Buckingham, MK18 1BU, United Kingdom, company number 2207133, VAT number 485 8122 22, email: office@vanguardconsult.co.uk. The term “you” or “your” refers to the purchaser, recipient, user and/or viewer of this Website and CapChart.

1.2 We use Shopify Inc (“Shopify”) to host the Website and to manage the content on it. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.  Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify store your data on a secure server behind a firewall.  Shopify’s registered office is at: 150 Elgin Street, 8th Floor. Ottawa, ON, Canada, K2P 1L4.  Details of their Terms of Service can be found here.

 

2 Use of the Website and CapChart

2.1 Please read these Terms and Conditions carefully in conjunction with our Privacy and Cookies Policy and CapChart Licence, as they govern your use of the Website and CapChart. By accessing the Website and CapChart, you accept these Terms and Conditions and you agree to comply with them. If you do not accept them, you do not have permission to access the Website and CapChart and please do not do so.

2.2  You have permission for temporary, non-exclusive use of the Website, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. We can also allow anyone else to use the Website and CapChart and the documents and other content that we make available from the Website and CapChart.

2.3 If these Terms and Conditions are considered an offer, and we choose to accept it, then acceptance is limited to these Terms and Conditions.

2.4 From time to time we may review and change these Terms and Conditions and, if so, we will post any revisions on the Website. We recommend that you regularly review any changes, as you accept them by accessing the Website and CapChart.

2.5  We reserve the right to refuse service to anyone for any reason at any time.

2.6 The Website and CapChart may contain links to other websites that are not owned and operated by us. These links are provided for your convenience and an inclusion of any link does not imply endorsement by us of that linked website, its content or operator. We have no control over the contents or functionality of those websites and we accept no legal responsibility for any loss or damages that may arise from your use of them. Such websites will be subject to their own terms and conditions and privacy policies and you may wish to review them for each website you visit.

 

3 Personal Information

Our Privacy and Cookies Policy governs the use of the data that you provide us with, or which is collected when you use our Website and CapChart. By using our Website and CapChart, you consent to this Policy. We recommend that you read the Policy prior to using the Website and CapChart.

 

4 Access to the Website

4.1 We try to ensure that the availability of the Website is uninterrupted. However, we cannot guarantee that access will not be suspended or restricted from time to time and we will not be legally responsible for any damages or refunds should the Website become unavailable, or if access to the Website becomes slow or incomplete, for any reason.

4.2 We may remove, add to or alter the content on the Website at any time and without notice or legal responsibility to you.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

4.3  Prices for our products are subject to change without notice.

4.5 You are responsible for providing all equipment and software necessary to access the Websites. We are not legally responsible for any incompatibility.  Details provided by Shopify regarding browser issues, including minimum site requirements, can be found here.

4.6  Please note that your Internet Service Provider, or other relevant provider, may charge you for the bandwidth you use in accessing the Website and this access may exceed any limits you have on bandwidth. You will be responsible for this and any associated costs. Please contact your relevant provider for details.

 

5 Security

5.1 We take steps to protect information transferred over our Website and CapChart and to make sure they are secure against unauthorised access and use (for example, by hackers and viruses). Despite our best efforts, and the efforts of many others, the transmission and storage of information via the internet is not completely secure. Although we do our best to protect such information, we cannot guarantee the security of any information transmitted to or from our Website and CapChart and any transmission is at your own risk. We exclude legal responsibility for any loss to you, or any third parties, incurred in this way.

 

6 Intellectual Property

6.1 All intellectual property rights in the Website, CapChart and the Vanguard Method belong to us throughout the world at all times, whether they are registered or unregistered. This includes any copyright in any text, photos, images, or videos and any trademarks.

6.2 You will not acquire any title, copyright or other proprietary rights to the Website, CapChart or the Vanguard Method, or any modifications which might be made to them. All rights remain the property of us. If you breach these terms you lose the right to use our Website, CapChart and the Vanguard Method and you must destroy or return any copies of documents or other content that you made.

6.3 You must not, or allow anyone else to, alter or change in any way any part of the Website, CapChart, or the Vanguard Method, or any content, concepts or materials associated with them.

6.4 You are permitted to use and reproduce the concepts and materials contained within the Website, CapChart, and the Vanguard Method in limited circumstances namely, that they are used or reproduced specifically for your own non-commercial use and internally for the sole purpose of improving the way you conduct your business through utilising the Vanguard Method. If you use or reproduce any content from any part of the Website, CapChart, or the Vanguard Method in this way you must:

6.4.1 not create any content derived from the Website, CapChart, or the Vanguard Method or make any other adaptation or modification; and 

6.4.2 visibly acknowledge Vanguard’s intellectual property by displaying the following copyright notice prominently next to the content that you use at all times; “the above content is © Vanguard Consulting Limited [date]”; and

6.4.3 verbally acknowledge Vanguard’s intellectual property if you refer to the Vanguard Method or any part of it (including CapChart) in presentations or speeches that you make.

6.5 You are not permitted to make or allow anyone else to make any commercial use of any part of the Website, CapChart, or the Vanguard Method or any concepts or materials associated with them, such as by way of sale, license, loan, hire or transfer for money.

 

7 Acceptable use

7.1 You agree to use this Website for lawful purposes only. You must not use these Websites for any unlawful purposes including, but not limited to:

7.1.1 sending, stating, publishing, using or re-using any material which is offensive, abusive, damages someone’s reputation in a way that is defamatory according to the law, indecent, obscene, threatening or illegal or in breach of copyright, trade mark, confidence, privacy or any other rights;

7.1.2 transmitting any chain letters, spam letters, or junk email or participating in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to users of these Websites or anybody else;

7.1.3 committing a criminal offence under a law called the Computer Misuse Act 1990. Misuses includes introducing worms, viruses, trojans and other technologically harmful or damaging material, or trying to get access to our server or any connected database;

7.1.4 doing anything fraudulent, or which has a fraudulent effect.

7.1.5 harming or attempting to harm minors.

 

8 Cancellation and Refunds

8.1   Your right to cancel your order is determined by the prevailing legislation.  For information on the scope, content and instructions for this process, please contact us at: office@vanguardconsult.co.uk; telephone +44 (0)1280 822255.

8.2   Otherwise, if you are dissatisfied with your purchase in any way, please do get in contact with us and we will do all we can to help.  If you are still not satisfied, we will process all reasonable requests for a refund.

 

9 Termination and remedies

If we discover or have any reason to suspect that you have breached any of these Terms and Conditions, we reserve the right to suspend or terminate your access to the Website and/or CapChart immediately and without notice or refund. We may also take legal action, or inform the relevant authorities about what you have done.

 

10 Promises and Limitation of Legal Responsibility

10.1 You are responsible for the way in which you use the content and materials on the Website, CapChart, and in the Vanguard Method. We do not guarantee the accuracy of the content and materials. As far as legally possible, we exclude legal responsibility for any loss to you, or anybody else, arising from the use of the Website, CapChart, and the Vanguard Method, such as loss of business, contracts, profit, income, data, service, reputation, goodwill or anticipated savings.

10.2 As far as legally possible, we exclude all promises (called warranties) implied by law or statute.

10.3 We do not seek to exclude legal responsibility for death or personal injury caused by our failure to take reasonable care in a way that the law describes as “negligent”, nor any other legal responsibility which cannot be excluded or limited under the applicable law.

10.4 Without limiting any of these conditions you agree that our maximum legal responsibility for any claim that you successfully bring against us is £100.

 

11 Removing parts of these Terms and Conditions

If any part of these General Terms and Conditions is found by a court or other authority entitled to make a judgement about it to be invalid, unlawful or unenforceable, then that part will be treated as if it has been removed from the remainder of these Terms and Conditions which will continue to be valid and enforceable.

 

12 Disputes

All disputes about these Terms and Conditions, the Website, and CapChart will be dealt in accordance with and governed by English law and the Courts of England will be the only place where such disputes can be decided.

 

13 Contact us

If you have any issues about these Terms and Conditions, the Website, or CapChart please contact Vanguard at: office@vanguard-consult.co.uk; telephone: +44 (0)1280 822255.