Online Small Business Coaching

in Trinidad and Tobago

Terms and Conditions

1.    Definitions

1.1 ‘Company’ means Emma J. Charles Ltd, or any other trading style that may be used from time to time.
1.2 ‘Customer’ means the individual, company or other legal entity placing an order. If the order is placed by an individual on behalf of a company or other entity, both that individual and company or other entity are defined as the ‘Customer’.
1.3 ‘Company Representative’ means a corporate officer, agent or employee of the Company.
1.4 ‘Goods’ means any products or physical items that can transfer ownership or possession. Including hard copies of company incorporation documentation.
1.5 ‘Services’ means any work undertaken for intangible products that are not goods and do not have a physical existence. There is no transfer of possession or ownership, but come into existence and the time of order.
1.6 ‘Bespoke Order’ means orders for Goods or Services which are custom made, perishable or services provided expressly to the Customer and cannot be resold. This includes all orders to register a limited company, applications to register domain names, orders for web design, web hosting and orders for logo and graphic design or printing.
1.7 ‘Recorded Mail’ means TTPost or Courier signed for services.
1.8 ‘Dispute Resolution Policy’ means the method of notifying, investigating and responding to complaints as set out on this website.
1.9 ‘Privacy Policy’ means the way in which third party information is stored and used in accordance with in accordance with our Privacy Policy.
1.10 ‘User’ means a person or any system using this website or accessing files hosted on this domain.

2. Parties to the contract

2.1 The User and the Customer agree to be bound by these terms and conditions.
2.2 A contract for completion for an order will be made between the Company and the Customer upon receipt of the whole of the price of Goods or Services ordered by the Customer. Upon receipt of payment, the Company will confirm to the Customer that the order has been accepted by e-mail confirmation. This acceptance of the order brings into existence a legally binding agreement between the Company and the Customer.
2.3 Where the Customer is more than one legal person, each party shall be jointly and severely liable under this agreement.
2.4 We can monitor and record phone calls to or from the Company. We do this to check what was said and also to help us train our staff.

3. Use of the Website

3.1 One of the objectives of this website is to build an online information repository to help small business owners in Trinidad and Tobago protect and grow their businesses.  Use of such information is therefore voluntary and neither the Company nor any of the contributors of information offer any warranties or guarantees in relation to the accuracy of such material.
3.2 Content on this website and social media pages is provided for information purposes only and does not constitute legal, accounting or professional advice of any other kind; therefore, it cannot and should not be relied upon as such. If you require any professional advice or services, it is recommend you consult a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from this website.
3.3  Company registration services includes certificate of incorporation and other company formation documentation and services as described within the incorporation package purchased on this website and subject to these general terms of conditions.
3.4 Additional services includes; registration for VAT certificate/VAT clearance certificate, dividend certificate and administrative templates, start-up legal contract templates, domain name (web address) registration, personalized business emails, logo design and website landing page creations.
3.5 Goods and Services do not include any of the following in respect of any of the packages the Company  offers for sale on this website: accountancy advisory services, tax advice, auditing of your books, legal advice, advice regarding the suitability or adequacy of any company you may purchase from the Company for your intended purposes and any other services not expressly mentioned.
3.6 This site and service does not solicit and/or advertise legal services for any particular Attorney and/or firm.

4. Price

4.1 Where an order is placed directly via a customer through the website, the price agreed is that set out on our website.
4.2 Where an order is made via telephone, fax, e-mail or any other method, the price agreed is that specified by the Company Representative with whom you have been dealing.
4.3 In the absence of certainty of a price agreed between the Customer and the Company Representative, the price will be deemed to be that set out on our website.
4.4 Where the price quoted does specify the cost of delivery; it is possible that you may be required to pay an additional fee for delivery of the Goods purchased. This may include but is not limited to the following; if Customer fails to receive the first Recorded Mail delivery through no fault of the Company, the delivery location is outside the jurisdiction of Trinidad and Tobago and/or for whatever reason Recorded Mail will not deliver to the specified Customer location.

5. Payment

5.1 The Company has no responsibility to undertake the provision of any Goods or Services to the Customer until cleared funds have been received by the Company for the whole of the agreed price.
5.2 If payment is made via credit or debit card via the website, this does not automatically constitute payment of cleared funds. If the Customer is uncertain whether payment of cleared funds has been made, they should contact the Company to request confirmation.
5.3 If payment is made by cheque, it is the responsibility of the Customer to confirm receipt by the Company. Once such payment is received, the Company will not process the order until the cheque has been paid into the bank and it confirmed as cleared funds in accordance with the Trinidad & Tobago bank cheque clearing process.
5.4 Where payment is made by way of electronic bank transfer or monies paid directly into the bank account of the Company, it is the responsibility of the Customer to inform the Company that this payment has been made. The provision of any Goods or Services offered will be undertaken once confirmation of any such payment is received by the Company through verification with the bank.
5.5 Where payment is made by a recurring method such as standing order or direct debit, this will be for pricing agreed by Customer and at a time notified to Customer in accordance with the Direct Debit Guarantee.
5.6 Where there is an error by the Company in processing payment from the Customer, the Customer is required to inform the Company in writing via email and the Company will remedy the error in accordance with its standard refund policy.

6. Rights to Cancel the Agreement with Company

6.1 Due to the bespoke nature of most of the Goods and Services that we provide, a Customer’s order cannot be cancelled once work has commenced by the Company to fulfil that order for Goods or Services.
6.2 Any cancellation of a new order must be made in writing via email and any cancellation request not made in writing will not be accepted.
6.3 If a cancellation request is made and the Goods or Services ordered are eligible to be cancelled, any monies due to be refunded to the Customer will be refunded within 30 days of the cancellation request.
6.4 The Company reserves the right to levy an administration fee of TTD 150 against any cancellation. Where applicable, this fee will be deducted from any sum due to be re-credited to the Customer.
6.5 Some Goods or Services may carry an additional fee for cancellation. These costs will be detailed at the time of ordering such Goods or Services.

7. Cancellation by the Company

7.1 The Company reserves the right to cancel the order at any time if:
7.1.1 the Company has insufficient stock to deliver the Goods ordered by the Customer.
7.1.2 the Company does not have the resources to deliver the Services ordered by the Customer.
7.1.3 one or more of the Goods or Services ordered by the Customer were listed at an incorrect price due to a typographical error, or they were quoted at an incorrect price during the confirmation of order.
7.1.4 one or more of the Goods or Services ordered by the Customer involved a third party cost or disbursement that has caused an increase in completion of that order.
7.2 If the Company does cancel the contract the Customer will be notified by e-mail and the Company will re-credit to the Customer any sum deducted within 30 days of the order. The Company will not be obliged to offer any additional compensation for disappointment suffered or losses incurred as a result of the cancellation of the order.

8. Force Majeure

8.1The Company shall have no liability to the Customer for any failure to deliver Goods or perform Services ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9. Your status

9.1By placing an order with the Company, the Customer is declaring that they are over the age of 18 and have sufficient legal status to enter into a binding agreement with the Company.
9.2Where the Customer is a legal entity other than an individual person, the person completing the order on behalf of that legal entity is declaring that they have legal authority to do so. Failure to hold such authority will result in the individual being personally liable as a party to the agreement.
9.3Where a Customer who has placed an order for the formation of a limited company (“the customer company”) enters into further contracts for the supply of goods and services relating to the customer company, and after the customer company has been registered, the liability for payment of these further contracts is joint and several between the customer and the customer company unless agreed in writing by a director of the company.

10. Description of Goods and Services

10.1 Goods or Services ordered by the customer will be to the specification described on the Company website or in the Company literature.
10.2If the Customer places a Bespoke Order with the Company, the specification of the Goods or Services ordered will be as per the description in any written communication between the parties.
10.3 In the absence of an express description in writing as to the specification of Goods or Services ordered, the Company makes no warranties as to the specification of those Goods or Services.
10.4 The Company reserves the right to amend the description for Goods or Services offered from time to time as necessary.
10.5 Where the Customer places an order for a limited company formation, the Company will endeavour to register the company name requested by the Customer. Where it is not possible to register due to objection, rejection or otherwise by Companies Registry, the Customer must provide the Company with a suitable alternative company name to be registered. The order placed by the Customer is for a limited company formation, not for a specific company name.

11. Delivery of Goods and Services

11.1 The Company will deliver Goods or Services to the Customer to the e-mail address or postal address provided at the time of order.
11.2 In the absence of a delivery address being provided by the Customer, the Company may send Goods or Services to the Registered Office address of the Customer.
11.3 The Customer will be required to pay for postal delivery of Goods in accordance with the pricing expressed on the Company website.
11.4 Except where otherwise stated, Goods will be dispatched to the Customer as soon as possible after the order is completed, or in any event within 30 days or the order being placed.
11.5 If Goods are posted by Recorded Mail and are returned back to the Company, the Customer will be required to re-pay the postage costs. The Company reserves the right to levy an additional fee for handling those Goods.

12. Customer Responsibilities

12.1 When the Customer places an order with the Company, it is an express term of the agreement that the Customer will provide all necessary information required within a reasonable time in order that the Company may complete the order.
12.2 If the Customer fails to provide all requested information within 14 days of a request for information, the Company will be entitled to discontinue the order. Where the Company discontinues the order the Customer will not be eligible for a refund or cancellation of order. In order to reactivate a discontinued order, the Customer will be required to pay an administrative fee of TTD 200.
12.3 Where there is an error or defect in the Goods delivered to the Customer, it is the Customer’s responsibility to notify the Company of such defect within 10 days.
12.4Where the Customer is liable to make payment to the Company for provision of Goods or Services, or in respect of contractual fees due between the parties, and fails to make payment within 14 days of the due date for payment, the Customer will be liable to pay statutory penalties for late payment.

13. Liability

13.1 Any and all liability to User that may arise from your access to, and use of, the Website – whether due to negligence, breach of duty or otherwise – is excluded to the maximum extent permitted by law.
13.2 No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website – or server that makes it available – are free of viruses or anything else which may be harmful or destructive.
13.3 Company is not responsible for the content of other Websites that link to or from this Website. Links to other sites are provided simply for your information and do not imply that we approve of those sites or their content.
13.5 If the Goods or Services delivered by the Company do not meet the description of those ordered, are damaged or defective, incomplete or of the incorrect quantity, the Company will have no liability unless the Customer notifies the Company in writing within 10 days of delivery.
13.6 If the Customer does not receive Goods or Services within 30 days of the date they were ordered, the Company shall have no liability to the Customer, unless the Customer notifies the Company of the problem with 40 days of the date of the order.
13.7 If the Company is notified of a problem in writing within the specified time periods in accordance with clause 13.1 and 13.2;  the only obligation of the Company will be, at its own option:
13.7.1 to make good any shortage or non-delivery.
13.7.2 to replace or repair any Goods that are damaged or defective.
13.7.3 to remedy any error or omission in Services ordered.
13.7.4 to refund the amount paid by the Customer by any method determined by the Company.
13.8 Except as prescribed by law, the Company will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) however so arising out of any problem notified to the Company in accordance with clause 13.5 or clause 13.6 as above. Furthermore, the Company shall have no liability to pay the Customer any monies or provide any additional Goods or Services by way of compensation, other than to refund the Customer the amount paid for the Goods or Services in question in accordance with clause 13.7.4.
13.8 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.9 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13.10 We can delay in enforcing, or fail to enforce, our rights under the agreement without losing them. We may also accept part-payments marked as ‘payment in full’ or with similar wording without losing our right to claim full payment.

14. Notices

14.1Unless otherwise expressly stated in these terms and conditions, all notices from the Customer to the Company must be in writing and sent to the contact email address of hello@emmjcharles.com.
14.2 All notices from the Company to the Customer will be displayed on our website from time to time, or to the e-mail address or postal address provided by the Customer, at the option of the Company.
14.3 We can change this agreement upon serving you with notice of the change. We will give you at least 30 days’ notice in writing of any change to your disadvantage, and we will give you at least 7 days’ notice of any change to these conditions that is not to your disadvantage.

15. Governing Law and Jurisdiction

15.1The agreement between us shall be governed by and interpreted in accordance with the Republic of Trinidad and Tobago law and the Republic of Trinidad and Tobago courts shall have jurisdiction to resolve any disputes between us.
15.2In respect of late or non-payment of any fees by the Customer to the Company, Company shall be entitled to claim interest on the amount outstanding at the rate of three percent (3%) per annum over the British Banking Association (BBA) three (3) months USD LIBOR rate currently in force as published daily by the BBA (www.bbalibor.com) from the date payment was due until the date paid by Customer.

16. Invalidity

16.1If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

17. Entire Agreement

17.1These terms and conditions, together with the current website prices, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the supply of the Goods or Services to the Customer by the Company. Nothing said by any Customer Representative on behalf of the Company should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods or Services offered for sale, unless it is confirmed in writing to the Customer. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

18. Variations and Misrepresentations

18.1 These terms and conditions, together with the current website prices, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the supply of the Goods or Services to the Customer by the Company. Nothing said by any Customer Representative on behalf of the Company should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods or Services offered for sale, unless it is confirmed in writing to the Customer. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

19. Intellectual Property

19.1 All material, text, images and information stated on the Company’s website is owned or licensed by the Company.
19.2 All text and images on the Company’s website are subject to copyright,
19.3 The use or replication of any of the intellectual property on the Company’s website is prohibited unless specific permission has been granted in writing by the Company.
19.4 Permission to use intellectual property owned by the Company may be requested by writing to the Company.

20.  Resolution & Chargeback Policy

20.1 By using this website and/or ordering Goods or Services from the Company, the User and the Customer acknowledge and agree to be bound by the Company’s Dispute Resolution Policy.