Terms and Conditions
Nick Smith Wealth Consultancy FZ-LLC
These Terms and Conditions govern the purchase and use of the Supplier’s seminars, digital content, Boardroom services and other products or services identified in the applicable booking, order confirmation or other pre-contract information.
Nick Smith Wealth Consultancy FZ-LLC is accountable for providing the contracted services in accordance with the applicable description and these Terms and Conditions. The Customer remains responsible for providing accurate information, making payments when due, complying with applicable instructions and using the services lawfully.
1. Preliminary
(1) These Terms and Conditions should be read with the information provided to the Customer before or at the time of booking, including any programme description, booking confirmation, payment information, guarantee terms and cancellation information.
(2) If there is an inconsistency between these Terms and Conditions and specific terms expressly supplied for a particular product or service, the specific terms will apply to the extent of the inconsistency.
(3) Nothing in these Terms and Conditions is intended to limit or remove any legal right or remedy that cannot lawfully be limited or removed.
(4) The headings are for convenience only and do not affect interpretation.
2. Definitions, scope and business purpose
(1) “Customer” means the person or business purchasing or using the relevant product or service.
(2) “Supplier” means Nick Smith Wealth Consultancy FZ-LLC.
(3) “Services” means the seminars, digital content, Boardroom services, Lifetime Support Products and any other products or services described in the applicable booking or order confirmation.
(4) “Booking” means a confirmed reservation or purchase of a Seminar, Boardroom or other Service.
(5) “Seminar” means a training, educational or instructional event supplied by the Supplier.
(6) “Digital Content” means electronically supplied materials, recordings, documents, resources or other digital content included in a Service.
(7) “Boardroom” means the programme or service identified by that name in the applicable booking or programme information.
(8) “Lifetime Support Product” means a product identified as a lifetime support product in the applicable product information.
(9) The Services are supplied for the business, training, educational or personal-development purpose stated in the applicable programme information. The Customer must assess whether a Service is suitable for its circumstances and objectives.
3. Information about the supplier and contact details
(1) The Supplier’s company name is Nick Smith Wealth Consultancy FZ-LLC.
(2) The Supplier’s contact details are those stated in the applicable booking confirmation, invoice, order confirmation, programme information or other communications provided to the Customer.
(3) The Customer must use the Supplier’s current contact details when giving notices, requesting support, reporting a problem, seeking a refund or exercising a cancellation or termination right.
(4) The Supplier will communicate material information about the relevant Service through the contact details provided by the Customer. The Customer must keep those details accurate and current.
4. Formation of the contract and bookings
(1) A contract is formed when the Supplier accepts the Customer’s Booking or otherwise confirms that the relevant Service will be supplied.
(2) The Customer must provide complete and accurate information when making a Booking. The Supplier may rely on the information provided by the Customer.
(3) A Booking is subject to availability, the applicable price, the stated payment terms and these Terms and Conditions.
(4) The Customer must check the Booking confirmation and promptly notify the Supplier of any error or omission.
(5) A Booking may not be transferred, resold or used by another person unless the Supplier agrees in writing or the applicable programme terms expressly permit it.
5. Customer changes
(1) The Customer must promptly notify the Supplier of any change affecting a Booking, including a change to contact details, attendance arrangements, billing information or the person attending.
(2) A requested change is not effective unless accepted by the Supplier. The Supplier may apply any reasonable additional charge or revised term that was disclosed to the Customer before the change is accepted.
(3) A change requested by the Customer may be treated as a cancellation of the original Booking and a new Booking where the nature, timing or availability of the requested change requires this.
6. Supplier changes
(1) The Supplier may make reasonable changes to the timing, venue, format, trainers, speakers, materials, platform or method of delivery where this does not materially reduce the nature or quality of the Service.
(2) If the Supplier makes a material change or cannot provide the Service as agreed, the Supplier will notify the Customer and explain any available option, which may include an alternative date, alternative delivery method, transfer to another programme or a refund where required by law or the applicable terms.
(3) The Supplier may update Digital Content or supporting materials to reflect changes in law, technology, best practice or the operation of the relevant programme, provided that the substantive purpose of the Service is not materially altered.
7. Provision of seminars, digital content and Boardroom services
(1) The Supplier will provide the relevant Seminar, Digital Content, Boardroom service or other Service substantially as described in the applicable programme information.
(2) The Customer must follow reasonable instructions relating to attendance, access, security, platform use, participation and the protection of confidential information.
(3) Access credentials, links, materials and other resources supplied to the Customer are personal to the Customer unless the applicable terms expressly permit shared use.
(4) The Customer must not copy, reproduce, publish, sell, distribute, transmit, adapt or commercially exploit the Supplier’s materials except where permitted by law or expressly authorised by the Supplier.
(5) The Supplier may suspend or restrict access where necessary to protect the Service, its systems, other customers, confidential information or intellectual property, or where the Customer has not paid an amount due.
8. Excluded services
(1) Unless expressly stated in the applicable programme information, the Services do not include financial advice, investment advice, legal advice, accounting advice, tax advice, regulated professional advice, personalised business advice or a guarantee of employment, investment performance, business growth or earnings.
(2) The Customer is responsible for obtaining independent professional advice before acting on information supplied through the Services where that information concerns the Customer’s legal, financial, tax, investment or business circumstances.
(3) The Supplier does not undertake to provide any service, deliverable or outcome that is not expressly included in the applicable Booking or programme information.
9. Earnings potential disclaimer
(1) The Supplier does not promise or guarantee that the Customer will earn money, recover the price paid, achieve a particular turnover, obtain clients, secure funding, make profits or achieve any other financial result from using the Services.
(2) Any examples, illustrations, case studies, testimonials, projections or statements about possible earnings are illustrative only and are not a promise of the results the Customer will achieve.
(3) Results depend on matters outside the Supplier’s control, including the Customer’s skills, experience, resources, decisions, implementation, market conditions and other circumstances.
10. Lifetime support products
(1) A Lifetime Support Product is supplied according to the product description and terms provided to the Customer at the time of purchase.
(2) The expression “lifetime” refers to the lifetime support offering identified by the Supplier and does not create a promise that every feature, platform, trainer, format or item of content will remain unchanged indefinitely.
(3) The Supplier may reasonably update, replace or change the method of delivering a Lifetime Support Product while preserving its essential support purpose.
(4) Any limits, conditions, exclusions or additional requirements applying to a Lifetime Support Product will be those stated in the applicable product information and Booking.
11. Attendance and expiry of bookings
(1) The Customer must attend or access the relevant Service at the date, time and by the method stated in the Booking information.
(2) A Customer who arrives late, fails to attend, loses access credentials or does not complete the required access process may be unable to receive the full Service, subject to any rights provided by law or the applicable terms.
(3) A Booking expires at the end of the period, access window or date stated in the applicable Booking or programme information. If no expiry period is stated, the Booking remains subject to reasonable scheduling and availability requirements.
(4) Expiry does not remove any legal right that cannot lawfully be excluded.
12. Cancellation and termination rights
(1) The Customer may cancel a Booking where a cancellation right is stated in the applicable terms or is provided by law.
(2) A cancellation must be communicated using the Supplier’s contact details and must identify the Customer, the Booking and the requested cancellation date.
(3) The consequences of cancellation, including any refund, credit, cancellation charge or loss of access, are governed by the applicable Booking terms and the Customer’s legal rights.
(4) The Supplier may cancel or terminate a Service where it cannot reasonably provide the Service, where the Customer materially breaches these Terms and Conditions, where payment is not made when due, or where cancellation is necessary for safety, security, legal or operational reasons.
13. Problems, legal rights and refunds
(1) The Customer must contact the Supplier promptly if a Service is not provided as described, is unavailable, is defective or otherwise gives rise to a problem.
(2) The Supplier will consider the problem and may offer a correction, replacement, alternative service, rescheduling, credit or refund where appropriate and where required by law.
(3) Any refund will be made in accordance with the applicable cancellation, payment and refund terms, subject to the Customer’s statutory rights.
(4) The Customer must provide reasonable information and cooperation so that the Supplier can investigate and, where possible, remedy the problem.
14. Price, payment, subscriptions, guarantees and non-refundable services
(1) The price is the price stated in the applicable Booking, order confirmation, invoice or programme information. The Customer must pay in accordance with the payment schedule and method stated there.
(2) Where a subscription or recurring payment applies, the recurring amount, payment interval, duration, renewal arrangements and cancellation method will be those disclosed before the subscription is entered into.
(3) If a payment is late or fails, the Supplier may request payment, suspend access, withhold delivery, cancel or terminate the relevant Service, or exercise any other right available under the applicable terms or law.
(4) A guarantee applies only where it is expressly stated in the applicable programme or Booking terms. The Customer must comply with any conditions attached to that guarantee.
(5) A Service described as non-refundable is non-refundable to the extent stated in the applicable terms and permitted by law. This does not exclude or restrict any statutory refund or cancellation right.
15. Rescheduling
(1) Rescheduling is available only where stated in the applicable terms or agreed by the Supplier.
(2) A rescheduling request must be made using the Supplier’s contact details and must identify the relevant Booking and preferred alternative arrangement.
(3) The Supplier may offer an alternative date, format, venue, trainer or delivery method where reasonably available. Any difference in price, availability or conditions will be communicated before the alternative arrangement is accepted.
(4) If no suitable alternative is available, the Customer’s rights will be determined by the applicable cancellation terms and law.
16. Liability for loss or damage
(1) The Supplier will be responsible for loss or damage to the extent caused by the Supplier’s failure to perform its obligations under the contract, subject to these Terms and Conditions and applicable law.
(2) The Supplier is not responsible for loss, damage, delay, interruption or failure caused by the Customer’s acts or omissions, inaccurate information, failure to follow instructions, unauthorised use, or circumstances that the Supplier could not reasonably prevent or control.
(3) The Supplier is not responsible for financial results, earnings, profits, business opportunities or other outcomes that are not expressly guaranteed in the applicable terms.
(4) Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
(5) Subject to clause 16(4), the Supplier is not liable for loss that is indirect, consequential or outside the reasonable contemplation of the parties when the contract was formed, to the extent permitted by law.
17. Events outside the supplier’s control
(1) The Supplier is not liable for delay, interruption, failure or inability to perform caused by an event outside its reasonable control, including natural events, epidemic or pandemic, fire, flood, severe weather, war, terrorism, civil unrest, industrial action, interruption of utilities or communications, failure of suppliers or technology, or changes in law or governmental action.
(2) The Supplier will take reasonable steps to notify the Customer and, where practicable, reduce the effect of the event. The Supplier may reschedule, change the delivery method, provide an alternative arrangement or cancel the affected Service where the event continues or makes performance impracticable.
(3) The rights and financial consequences arising from cancellation or non-performance caused by an event under this clause are subject to the applicable Booking terms and law.
18. Cancellation and termination
(1) The Supplier may terminate the contract immediately by notice if the Customer materially breaches these Terms and Conditions and, where the breach can be remedied, fails to remedy it within a reasonable period after being asked to do so.
(2) The Supplier may terminate or suspend access immediately where the Customer’s conduct threatens safety, security, the integrity of the Service, the rights of another person or the confidentiality of the Supplier’s information.
(3) The Customer may terminate the contract where the Supplier materially breaches its obligations and fails to remedy the breach within a reasonable period after receiving notice, subject to any applicable legal process or specific terms.
(4) Termination does not affect rights, obligations, payment liabilities, confidentiality obligations, intellectual-property protections or other provisions that are intended to continue after termination.
19. Personal information
(1) The Supplier may collect, use, store and disclose the Customer’s personal information as necessary to administer Bookings, process payments, provide the Services, communicate with the Customer, maintain records, protect the Supplier and comply with applicable law.
(2) The Customer must ensure that personal information supplied about another person is provided lawfully and that the relevant person has been informed where required.
(3) The Supplier will handle personal information in accordance with applicable data-protection requirements and any privacy information made available to the Customer.
20. Notices
(1) A notice under these Terms and Conditions must be sent using the Supplier’s contact details stated in the applicable Booking or other current communication from the Supplier, or using the Customer’s contact details recorded for the Booking.
(2) Notices may be sent by the communication method used by the parties for the relevant Service, including email or another method identified in the applicable terms.
(3) A notice is treated as received when it reaches the relevant address or communication system, unless the sender receives an indication that delivery has failed.
21. Entire agreement
(1) These Terms and Conditions, together with the applicable Booking, order confirmation, programme information, payment terms and any expressly incorporated terms, form the agreement between the parties concerning the relevant Service.
(2) The Customer acknowledges that it has not relied on any statement or representation not included in that agreement, except that this does not exclude liability for fraud or any legal right that cannot be excluded.
(3) No variation is effective unless agreed by the Supplier and the Customer or made in accordance with these Terms and Conditions and applicable law.
22. Confidentiality and other important terms
(1) Each party must keep confidential information received from the other party confidential and must not disclose or use it except as necessary to perform the contract, exercise legal rights, obtain professional advice, comply with law or prevent fraud or misuse.
(2) Confidential information does not include information that is public through no breach, was lawfully known before disclosure, is lawfully received from another source, or is independently developed without using the confidential information.
(3) The Customer must not disclose or misuse confidential programme materials, private communications, access details, business information or information relating to another participant.
(4) The Supplier may use contractors, professional advisers and service providers to provide the Services, provided that it remains responsible for the contracted Service to the extent required by law and protects confidential information appropriately.
(5) If any provision is held invalid or unenforceable, it will be read down to the minimum extent necessary and the remaining provisions will continue in force.
(6) A failure or delay in exercising a right is not a waiver of that right. The Customer may not assign or transfer the contract without the Supplier’s consent, except where a legal right provides otherwise.
(7) The contract and any dispute arising from it are governed by the law and jurisdiction stated in the applicable terms. If no specific governing-law provision is stated there, the applicable governing law and jurisdiction will be determined by the mandatory rules that apply to the transaction.
23. Financial advice disclaimer
(1) The Services are educational and informational unless the applicable terms expressly state otherwise. They do not constitute personal financial advice, investment advice, legal advice, tax advice or accounting advice.
(2) The Customer must not treat information supplied through the Services as a recommendation to buy, sell, hold, invest, borrow, lend, insure or otherwise deal with any financial product, asset or business opportunity.
(3) The Customer must obtain independent advice from a suitably qualified professional before making financial, investment, legal, tax or business decisions.
(4) This clause does not remove or limit any right or obligation that cannot lawfully be removed or limited, and it must be read consistently with the exclusions and disclaimers in clause 8 and clause 9.