The website is operated by UBT (EU) Ltd trading as 'UBT', company 4938684 registered in England and Wales (“UBT”) under the domain www.ubteam.co.uk (the website). The registered address is: Exchange Place, Poseidon Way, Warwick, CV34 6BY, UK
UBT strives to present its products and services completely and accurately in any form of marketing media it may select, however the information and product images shown on the website are representative only and we do not warrant or guarantee the accuracy or completeness of information. UBT makes no representation as to the fitness for use of any of its products for any application. If there are any doubts, questions, or concerns about a product’s description, quality or price, the consumer should first contact Customer Support (UBT Help Desk) on the website for further information.
ONLINE SALES ORDERS THROUGH THE SHOPPING CART AND CHECKOUT AREA OF THIS WEBSITE
SHIPPING & PAYMENTS
COPYRIGHT AND TRADEMARKS
PRODUCT LICENCE TERMS
Copies of Products are sold to you along with the right to use the Product subject to and in accordance with the terms of any end user license agreements and/or other license terms and conditions included or advised as relating to the Products.
ONLINE COACHING PROGRAM
The “Online Coaching Program” range of Products includes additional license terms and conditions for the benefit of the franchise owner Wardell Professional Development Inc, (“WDP”) as follows:
- WDP a company duly incorporated under the laws of the Province of British Columbia and having an address at 207 – 1670 West 8th Avenue,Vancouver, British Columbia, V6J 1V7, along with its affiliates, as a result of the expenditure of time, skill, effort and money, has developed a franchise system (the “System”) utilizing a unique,comprehensive and distinctive system relating to personal business development programs;
- WDP along with its affiliates possess valuable information including creation, design, production and publication of professional business development manuals and program materials, knowledge, experience and data of a secret and confidential nature, all of which are recognized by the purchaser as commercial assets of considerable value;
- WDP has granted a license to UBT to use the System and in connection with this relationship has disclosed and will disclose its confidential information to UBT;
- WDP and UBT require, as a condition of UBT entering into a contract of sale with purchasers of the Online Coaching Program range of Products (the “Purchaser”), that the Purchaser agrees to these additional terms and conditions; and
- It is acknowledged by the Purchaser that UBT would not enter into a contract of sale or disclose any confidential information to the purchaser unless the purchaser had agreed to these Online Coaching Program additional licence terms and conditions
- Therefore it is acknowledged and agreed to by the Purchaser upon ordering and receiving the Online Coaching Program range of Products:
1. “Information” means any material disclosed in the form of manuals, program materials, coaching methods, information regarding the Wardell Professional Development franchise system, ideas and know-how of a proprietary, confidential or strategic nature provided by or on behalf of Wardell to UBT and by UBT to the Purchaser, whether or not identified by UBT as confidential and whether disclosed orally, in documentary form by demonstration or otherwise provided.
2. "Product" means the unique and distinctive business development program developed by Wardell, including, without limitation, the “Building a Better Business” program materials, the Business, Employee and Analysis Manuals, the Business Development Calendar and all other design for programs and publications whether existing at the present date or developed by WDPl in the future.
3. The Purchaser agrees that all Information and any Product are confidential and that the Purchaser will not use or disclose to another any of the Information or Product without the prior written consent of UBT unless:
(a) such Information or strategies resulting there from now or later enters into the public domain other than by an unauthorized act;
(b) it is in the possession of the Purchaser with the full right of disclosure of same prior to receipt from UBT; or
(c) it is independently received by the Purchaser from a third party with the full right to disclose same.
4. All Information disclosed by UBT remains the property of WDP and will not be reproduced by the Purchaser without written approval. All Information and or resulting Product created by UBT under contract with WDP remains the property of WDP and the Purchaser shall not have proprietary rights to such Information or Product.
5. The Purchaser will at any time on request by UBT, return to UBT all Information or Product which it has received from UBT without retaining any copies.
6. Each provision of these additional Licence terms and conditions is declared to constitute a separate and distinct covenant and to be severable from all other such separate and distinct covenants.
7. UBT and the Purchaser recognize that a breach by the Purchaser of any of the covenants contained herein would result in damages to UBT and that UBT would not be adequately compensated for such damages by monetary award. Accordingly, the Purchaser agrees that in the event of any such breach, in addition to all the remedies available to UBT at law or in equity, UBT shall be entitled as a matter of right to apply to a court of competent jurisdiction for such relief by way of restraining order, injunction, decree or otherwise, as may be appropriate to ensure compliance with the provisions of this Agreement.
8. The Purchaser confirms that all restrictions in these additional licence terms and conditions are necessary and fundamental to the protection of the System and are reasonable and valid and waives all defences to the strict enforcement thereof.
10. Unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders.
11. No amendment, waiver or termination of these additional terms and conditions will be valid or binding, unless set forth in writing and executed by both parties. No waiver of any breach of any :provision of this Agreement will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, will be limited to the specific breach waived.
12. These additional licence terms and conditions will be governed by and construed in accordance with the laws of New South Wales Australia and the parties agree to submit to the jurisdiction of the laws of New South Wales.
REFUNDS AND RETURNS
UBT’s ultimate purpose is to raise money for charitable purposes, and thus all sales are considered final except for reasons stated further in this policy. All orders for products are accepted on the terms that the consumer has an express desire to receive, accept and pay for said products. Orders for individual items may be cancelled only if they have not yet been shipped (which includes electronically) from UBT. If an order has been shipped, it will be considered closed and the consumer is expected to accept the goods and the terms of sale for the product in question. Due to UBT contracts with 3rd party suppliers, subscriptions for items shipped over a period of time as part of a series may not be cancelled and the consumer is expected to accept the full series, and its terms of sale. UBT does not accept returns of products simply because you have changed your mind, nor does it give refunds for these products.
All products are visibly inspected by UBT before being packaged for shipment where practicable, and in good faith, are shipped as being in new usable condition. If a package is received with obvious external damage to the shipping container, you must make note of it with the delivery carrier immediately. If the contents of the package are found to be indeed damaged, you must contact and make a claim directly with the delivery carrier. If you need assistance, UBT Customer Support can guide you with this process, but cannot accept the goods for return. You must save the packaging and receipts to file a claim and receive reimbursement directly from the delivering carrier. If the shipping container did not show external damage, but the contents are found damaged, you must contact the delivery carrier immediately, but usually no later than 24 hours, after opening the package. Again, all packaging and receipts should be saved. UBT assumes no liability for goods damaged in transit.
Electronic hardware products (e.g. Streamline3 Equipment, Phones, BlackBerrys, etc) are considered Dead-On- Arrival (DOA) if they fail to function properly (e.g. turn on, etc.) when you first attempt to use them within 24 hours after receipt. If you believe your product is DOA, immediately call UBT Customer Support for further assistance. Once a DOA determination has been made, UBT will offer you the following options:
Replacement: At its expense, UBT will ship another of the same product and arrange for the faulty product to be picked up for return. You will require a return authorization number from UBT to do this. Repair: You may have the product repaired. If you choose this option, it must be at your expense, and you may not request replacement of the product later.
OTHER FAULTY PRODUCTS
Products other than electronic hardware products (e.g. CD’s, Books, etc.) which are believed to be faulty can be returned at your expense for detailed evaluation by UBT quality control. UBT will replace the item once this inspection has taken place and the product is verified to be defective where the consumer is not at fault. The replacement of faulty products is at the sole discretion of UBT and their decision is final. Note: UBT recommends you return the product in the original packaging and by a shipment method that offers insurance and a tracking number. UBT will not be liable for your package if it is lost or damaged in transit.
WRONG ITEMS OR MISSING ITEMS
If you received the wrong item(s) compared to that listed on your packing documents, call the Customer Support help desk immediately to arrange for exchange and instructions on how to return the item(s). You will require a return authorization number from UBT to do this. UBT will pay shipping costs for authorized returns.
Contact Customer Support immediately upon receipt of your shipment if the packing documents indicate an item was shipped, but was short or not at all included in the package. It may be the item(s) were shipped in a separate package or from multiple locations.
If you received something you did not order, contact Customer Support immediately at and UBT will arrange to have the item picked up for return.
MISSING PARTS OR ACCESSORIES
If your product is missing any parts, accessories, instructions, etc. that you feel should have been included and the product is not a Stremline3 or other item produced by UBT, you should first contact the manufacturer of the item directly. Typically a manufacturer will send these items out free of charge. Look on the item’s packaging, instruction sheet, or warranty info for the manufacturer’s contact information. Call Customer Support for assistance if you need further help with the above or if the product is a Streamline3 or other UBT produced item.
PERSONALIZED AND CUSTOM ORDERED PRODUCTS
Any custom ordered product including personalized products will be not eligible for return unless the product itself is faulty or the personalization was not correct as ordered. In cases of defect caused by other than the consumer, the product will be exchanged.
NO RETURN ITEMS
UBT will not consider any of the following under any condition for return, exchange or refund:
- Products tampered with by unauthorized service personnel
- Products not used for intended purpose
- Products broken other than those damaged in transit
- Products scratched, dented, or otherwise cosmetically flawed unless shipped by UBT imperfect
- Any product that can no longer be re-sold as “new”
- Any product no longer in the original packaging
- Any surplus product purchased at a discount
- Books no longer in new condition
- Opened memory, software CD’s, music CD’s or other media
- Software downloads and upgrade subscription products Gift Cards Gift Packaging
- Service Contracts
Any product returns to UBT must have necessary UBT approval. You will be issued a Return Authorization Number which must be used on the return packaging and all paperwork and correspondence. Any returns made without UBT approval will not be accepted.
This agreement is to be interpreted in accordance with English Law but may for Consumers be subject to the jurisdiction of English, Welsh, Northern Irish or Scottish Courts at the claimant’s discretion. Business Customers irrevocably submit to the exclusive jurisdiction of English laws and courts.