Terms & Conditions
Any personal information provided to or gathered by Fitzgerald Change Consulting is controlled by Benjamin Fitzgerald, t/a Fitzgerald Change Consulting, whose principal place of business is at ‘Raspodini’ Raiskuma Pagasts, Cesu Novads, Latvia LV-4146 (“we”, “us”, “our”).
1. Introduction
Welcome to our Website: https://www.benjaminfitzgerald.com
This page explains the terms on which you may use our website, whether as registered user or as a guest.
By using the site, you accept the terms and agree to obey them. If you don’t accept them, please kindly don’t use our site.
2. Our website
Our Website is operated by Fitzgerald Change Consulting
Our registered office is at: ‘Raspodini’ Raiskuma Pagasts, Cesu Novads, Latvia LV-4146
3. Use of the site
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
You agree to follow our privacy policy.
If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
Only use the site as allowed by law and these terms. If you don’t, your usage may be suspended or stopped completely.
We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
We follow our privacy policy in handling information about you. Click here to read our privacy policy.
By using the site, you agree to me handling this information and confirm that data you provide is accurate.
If you order goods or services from us through the site, your order will take place under this Terms and Conditions policy.
4. Intellectual property rights
Managing Directors of Fitzgerald Change Consulting are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it.
They are protected by copyright. You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without our written permission or a licensing agreement from me.
You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
5. Our legal responsibility to you
We cannot guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of our site, loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
6. Links to our site
You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our acceptable use policy. This permission can be revoked and ended at any time.
You are not allowed to suggest any endorsement by our or association with me unless we agree in writing.
7. Links from our site
Links from our site to other sites are only for information. We don’t accept responsibility for other sites or any loss you suffer from using them.
8. Policy changes
Please be aware that we reserve the right to change these terms at will. Users of this site must adhere to the latest terms and conditions as published on benjaminfitzgerald.com.
9. Dispute resolution
9.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
9.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
9.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to the appointed arbiter to appoint a mediator under the arbiter’s Mediation Procedure.
9.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by the appointed arbiter in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
9.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
9.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
9.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by appointed arbiter under the Rules of the arbiter’s Arbitration Scheme.
9.8 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.
9.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
10. Contact me
Please email me at info@benjaminfitzgerald.com if you have any queries regarding these terms and conditions.