1.1  Company details. Be Kind Research Ltd (company number: 14570960) (we and us) is a company registered in England and Wales and our registered office is at Granville Court, Mount View Road, N4 4JL. We operate the website https://www.bekindresearch.co.uk.

1.2  Contacting us. To contact us, email us at contact@bekindresearch.co.uk.

2.1  Our contract. These terms and conditions (Terms) apply to the order by you, and supply of digital content and/or services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 Entire agreement. These Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and that you have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

2.3 Language. These Terms and the Contract are made only in the English language.

3.1 Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services (Services) and/or digital content (Digital Content) specified in the order, subject to these Terms.

3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us either acknowledging that we have received your order, or confirming we have accepted your order in line with clause 1.4. If you receive an acknowledgement email, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 1.4.

3.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation) at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to the Digital Content and/or Services confirmed in the Order Confirmation. We will not accept your order unless you have paid in full at the time of ordering.

3.5 If we cannot accept your order. If we are unable to supply you with your order for any reason, we will inform you of this by email and we will not process your order. If you have already paid, we will refund you the full amount. If we can perform part of your order only, we will refund you for the part of your order that we cannot perform.

4.1 Descriptions and illustrations. Any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the content described in them. They will not form part of the contract between us or have any contractual force.

4.2 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform by such dates will not give you the right to terminate the contract between us.

It is your responsibility to ensure that:

(a)         the terms of your order are complete and accurate;

(b)         you pay in full at the time of placing your order;

(c)         once received, you use the Digital Content in a lawful manner.

6.1 In consideration of us providing the Services and/or Digital Content you must pay our charges (Charges) in accordance with this clause Error! Reference source not found..

6.2 The Charges are the prices quoted on our site at the time you submit your order.

6.3 If you wish to change the scope of the Services and/or Digital Content after we accept your order, and we agree to such change, we will modify the Charges accordingly, but we have no obligation to do so.

6.4 Our Charges may change from time to time, but changes will not affect any order you have already placed.

6.5 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services and/or Digital Content you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.  

7.1 Payment for the Services and/or Digital Content is in advance. We will take your payment upon acceptance of your order.

7.2 You can pay for the Services and/or Digital Content using a debit card or credit card. We will send you an electronic receipt or invoice after payment.  

7.3 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law.

If a problem arises or you are dissatisfied with the Services and/or Digital Content, please contact us by email with a concise explanation.

9.1 All intellectual property rights in or arising out of or in connection with the Services and/or Digital Content will be owned by us exclusively.

9.2 You may use the Services and/or Digital Content for your internal business purposes only. You must not copy, modify, distribute, resell, publish, or make the Digital Content available to any third party.

10.1 We will use any personal information you provide to us to:

(a)         provide the Services and/or Digital Content;

(b)         process your payment for the Services and/or Digital Content; and

(c)         inform you about similar content that we provide, but you may stop receiving these at any time by contacting us.

10.2 We will process your personal information in accordance with our Privacy Policy the terms of which are incorporated into this Contract.

11.1 Whilst reasonable care has been taken in the preparation of the Digital Content:-

(a) no representation or warranty, express or implied, is given as to its accuracy, completeness or suitability for any particular purpose;

(b) nothing on our website constitutes specific advice and we have not tailored our Digital Content to any individual business or its particular circumstances. Market research requirements vary depending on the specific circumstances, sector, and objectives of each business;

(c) you are responsible for exercising your own judgement and commercial discretion in determining whether the Digital Content is suitable for your intended use and should seek appropriate professional advice where necessary; and

(d) we give no warranties and make no representations in relation to the Digital Content, and all warranties and conditions whether express or implied by statute, common law or otherwise (including any implied terms relating to quality, fitness for any particular purpose, reasonable care and skill or ability to achieve a particular result) are excluded to the extent permitted by law.

11.2 How you use the Digital Content is not within our control, and we bear no responsibility for any loss or damage you suffer arising from or in connection with your implementation of, use of, or reliance upon, the Digital Content.

11.3 You are solely responsible for verifying any information, assumptions, or outputs derived from the use of the Digital Content.

11.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

11.5 Subject to clause 11.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of or damage to goodwill; and

(e) any indirect or consequential loss.

11.6 Subject to clause 11.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the Charges paid by you for the Services and/or Digital Content.

11.7 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

11.8 This clause 11 will survive termination of the Contract.

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

When we refer to "in writing" in these Terms, this includes email.

14.1 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

14.2 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

14.3 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

14.5 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.