Terms & Conditions

WENDY YORKE, WRITE | EDIT | PUBLISH, TERMS OF BUSINESS

Welcome to WRITE | EDIT | PUBLISH www.wendyyorke.com

Last modified: October, 2018.

These terms of business together with our privacy policy and website terms of use tell you information about us and the legal terms and conditions (the “Terms”) on which you can enjoy the unique offerings from the WRITE | EDIT | PUBLISH website www.wendyyorke.com (“our site”) from which you will have access to our services relating to author coaching; book manuscript editing and proof writing; literary agency representation; writer and author talks and events; and Writer’s Clarity Retreats.
These Terms will apply to any contract with Wendy Yorke of WRITE | EDIT | PUBLISH for the purchase of Services and Events from us (the “Contract”).
Please read these Terms carefully and make sure that you understand them, before purchasing from our site. Please note that before purchasing from your site you will be asked to agree to these Terms. You should print a copy of these Terms and our terms of website use or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 5. Every time you wish to purchase any offerings, please check these Terms to ensure you understand the terms, which will apply at that time. These Terms and any Contract between us are only in the English language. All charges relating to purchases from our site for our Services will be as set out on our site from time to time and will be stated exclusive of VAT.

1. INFORMATION ABOUT WENDY YORKE of WRITE | EDIT | PUBLISH

1.1 We operate the website www.wendyyorke.com wholly owned by Wendy Yorke of WRITE | EDIT | PUBLISH, 123 Friern Road, East Dulwich, London SE22 0AZ.
1.2 Contact us, via email: wendy@wendyyorke.com or call us on +44 (0) 783 1930 786

2. OUR SERVICES

2.1 Several of our professional Services and Products are available directly from our website and when you indicate interest to proceed we will follow up with you and ensure that you sign an agreement with us before we can proceed.
2.2 You can pay the Writer’s Clarity Retreat deposit directly online using PayPal but we will follow up with you directly for the remaining payment at least 30 days before the event.
2.3 You have the right to cancel any Services or Product within 30 days of that Services or Product taking effect but your deposit is non refundable.
2.4 Refund payments for professional Services and Products will only be payable where you can prove unexpected illness or events outside of your control, which prevent you from taking part in the professional Service and Products previously paid for.
2.5 The professional Services and Products offered from our site and by Wendy Yorke at times, involves group participation and where this is the case, you agree to maintain the confidentiality of other people’s spoken and written content as they yours, where this is shared in a group exercise or activity. Respect for all parties taking place will be upheld by all participants and by agreeing to take part, you agree to this clause for all group Services and Products purchased from our site.
2.6 Wendy Yorke reserves the right to change the advertised venue for the delivery of her professional Services and Products should this become necessary.
2.7 All client questionaires, written materials, course worksheets, group exercises and guided mediations and Writer’s Clarity Retreat content remains the copyright of Wendy Yorke exclusively and may not be reproduced, nor copied, nor sold for commercial purposes with out the written permission of Wendy Yorke.
2.8 These Terms will become binding on you and us when we issue you with a written acceptance of your deposit and payment for an event and to the email address specified by you at which point a Contract will come into existence between you and us.
2.9 The Contract constitutes the whole agreement between you and us.
2.10 Any samples, drawings, descriptive matter or advertising issued by us or on our site are issued or published for the sole purpose of giving an approximate idea of the Services and Products described in them. They shall not form part of the Contract or have any contractual force.
2.11 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to our site. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
2.12 Our Services and Products charges may vary from time to time and you should check our site to ensure that you are aware of any change in our charges. Any change will not affect previous payments made by you.
2.13 All Services and Products charges must be received by us in cleared funds. If we do not receive your monies on their due date for payment, we may suspend the Services or Products with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this.

3. USE OF OUR SITE

Your use of our site is governed by our terms of website use (see below). Please take the time to read these terms, as they include important information, which applies to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. For details, please see our privacy policy. Please take the time to read this, as it includes important terms, which apply to you.

5. OUR RIGHT TO VARY THESE TERMS

5.1 We may revise these Terms from time to time including (but not limited to) in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
5.2 Every time you purchase any Services or Products from us, the Terms in force at that time will apply to the Contract between you and us.
5.3 Whenever we revise these Terms in accordance with this clause 5, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

6. YOUR CANCELLATION AND REFUND RIGHTS

6.1 You may cancel your Services and Products at any time.
6.2 Memberships are billed annually. If you cancel your account prior to the expiration of your membership subscription period (Annual period), you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing all content until the expiration of your current subscription period.
6.3 If a provision of Services or Products are terminated due to a violation of this Agreement, Wendy Yorke will not reimburse you for the remainder of any advanced payment.
6.4 Your legal right to cancel any requested Service or Products is by writing with a 60 day get out period. Please write by email to wendy@wendyyorke.com or by pre-paid post to 123 Friern Road, East Dulwich, London SE22 0Az.

7. HEALTH DISCLAIMERS & LIABILITY

7.1 You acknowledge and confirm that you are in good mental and physical health and are unaware of any reason why you are unsuited to taking part in any of the Services and Products or may be likely to suffer illness or injury when taking part in the Services and Products we offer on our site. If you are in any doubt whatsoever about your ability to take part in the Services and Products we offer on our site, you should seek appropriate medical advice from a suitably qualified health professional. Any information on our site should not be considered a substitute for consultation with a suitably qualified health professional.
7.2 By using our site and agreeing to these Terms, you agree that you have sought the professional advice of a suitably qualified health professional and that they have agreed that you are able to undertake the Services and Products offered on our site.
7.3 By purchasing our Services and Products, it is your responsibility to ensure that you are at all times safe and that you stop immediately if you notice any detrimental physical effects. You confirm that in this case, you will seek the advice of a suitably qualified health professional and will not continue to use any of our Services and Products unless that health care professional has advised you that you are fit and able to do so.
7.4 We can accept no liability whatsoever in the event of injury, loss or damage you suffer as the result of undertaking the Services and Products provided from our site.
7.5 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

8. EVENTS OUTSIDE OUR CONTROL

8.1 Wendy Yorke will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

9. OTHER IMPORTANT TERMS

9.1 Wendy Yorke may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms.
9.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
9.3 This contract is between you and Wendy Yorke. No other person shall have any rights to enforce any of its terms.
9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

TERMS OF WEBSITE USE

These terms of website use (together with the documents referred to on it) tell you the terms of use on which you may make use of our site www.wendyyorekcom, whether as a guest or a Service and Product purchaser. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

10. ACCESSING OUR SITE

10.1 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 (see below).
10.2 We will not be liable if for any reason our site is unavailable at any time or for any period.
10.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
10.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms and they comply with them.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 We are the owner or the licensee of all intellectual property rights on our site and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
11.2 You may print off one copy and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your network to material posted on our site.
11.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without the written permission of Wendy Yorke.
11.4 Our status and that of any identified contributors as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from Wendy Yorke.
11.5 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on www.wendyyorke.com are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

13. OUR SITE CHANGES REGULARLY

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material.

14. LIABILITY

14.1 Wendy Yorke only supplies the Services and Products for domestic and private use. You agree not to use the Services and Products for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect Wendy Yorke’s liability for any matter, which cannot be excluded or limited under applicable law.

15. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

16. TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of our professional Services and Products formed through our site or as a result of visits made by you are governed by our terms of business (see above).

17. UPLOADING MATERIAL TO OUR SITE

17.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the following content standards:
Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the Netherlands and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any such contribution does comply with these standards, and you indemnify us for any breach of that warranty.
17.2 Any material you upload to the www.wendyyorke.com website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
17.3 Wendy Yorke will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the above content standards.

18. VIRUSES, HACKING AND OTHER OFFENCES

18.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
18.2 By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
18.3 Wendy Yorke will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

19. LINKING TO WENDY YORKE

19.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.2 Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
19.3 If you wish to make any use of material on our site other than that set out above, please address your request to wendy@wendyyorke.com

20. LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

21. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

22. WAIVERS

If we fail to insist that you perform any of your obligations under our Terms or terms of website use, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

23. COMMUNICATIONS BETWEEN US

23.1 When we refer to “in writing” in our Terms or terms of website use, this will include email.
23.2 If you wish to contact us in writing, or if any clause in our Terms or terms of website use requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Wendy Yorke, 123 Friern Road, East Dulwich, London SE22 0AZ. We will confirm receipt of this by contacting you in writing, normally by email.
23.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your communication.
23.4 Copies of author agreements will be retained by the agency on our computer files only. We do not keep paper copies and therefore advise you to keep copies of all agreements in your personal files as well. Please keep a record of all correspondence with the agency as we cannot keep such records indefinitely.

24. JURISDICTION AND APPLICABLE LAW

24.1 The United Kingdom courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, our Terms or any Contract although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
24.2 Our terms of website use, our Terms, any Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom.
24.3 With new GDPR laws in mind Wendy Yorke requests that authors do not share data sensitive material with WRITE | EDIT | PUBLISH via email or letter and that when giving details for funds transfer that these are sent to the agency via email and then immediately deleted. Authors must be aware of the need to exercise extreme caution when writing material that refers to living persons. If any doubt, material should be assessed by a solicitor/attorney prior to submission to publishers because authors should no longer rely on the publisher’s legal departments for the checking of GDPR sensitive information. The Wendy Yorke, nor WRITE | EDIT | PUBLISH cannot take responsibility for such information.

25. PROBLEMS

If the Literary Agent/Editor/Author Coach says or does anything that the Author/Client does not feel comfortable with or if the Author/Client has any concern with the way they are working together, please let the Literary Agent/Editor/Author Coach know as soon as possible. To work together effectively, the Author/Client and Literary Agent/Editor/Author Coach need to be totally honest with each other.

26. CONFIDENTIALITY

The Literary Agent/Editor/Author Coach recognises that anything the Author/Client shares with them is regarded as confidential, whether it is business or personal information. The Literary Agent/Editor/Author Coach undertakes not to, at any time, either directly or indirectly, use or disclose any information the Author/Client provides for editing purposes nor shares with them during their sessions. The Literary Agent/Editor/Author Coach will abide at all times by: The Institute of Directors, London, UK; The Society of Authors, UK; Society of Editors and Proofreaders UK, Code of Practices; and The Coaching Academy of London, UK, Code of Ethics.

27. PROFESSIONAL SERVICES AND PRODUCTS

Literary agenting/editing, proof reading/author coaching is in no way to be constructed as psychological counselling or any type of therapy. Coaching results are not guaranteed. The Author/Client enters into the author coaching process with the full understanding that they are responsible for the content and for creating their own results.

28. YOUR CONCERNS

If you have any concerns about material that appears on our site, please contact wendy@wendyyorke.com or call us on +44 (0) 783 1930 786.

Thank you for visiting our site.