Terms of Sale

JonathanKemp Terms of Purchase of Products, Digital Products and Services, including any Online Courses

Welcome to our website. This page (together with our Privacy Policy, Cookie Policy and Terms of Website Use) sets out the legal terms and conditions (“Terms”) on which we sell products and services to you, including:

- courses, online courses and other training services (“Services”); and

- our books, e-books, videos and other digital materials (“Products”).

These Terms apply to any contract between us for the purchase of Products and Services (“Contract”). Please read them carefully before placing an order. By ordering from our website, you agree to these Terms. If you do not agree, you must not place an order.

We recommend that you print or save a copy of these Terms for future reference.

We may update these Terms from time to time as explained in clause 5. These Terms were most recently updated on August 2025.

These Terms, and any Contract between us, are available only in English.

1. Information about us

1.1. We operate the website JonathanKemp.com. We are SmartWisdom Limited, a company registered in England and Wales under company number 05319610, with our registered office at London, WC2H9JN.

1.2. Contacting us if you are a consumer:

- You can email us at jkemp [at] jonathankemp [dot] com or use the “Drop us a line” form on our website.

- If you write to us or email us, please include details of your order so we can identify it.

- If we need to contact you, we will do so by email or pre-paid post to the address provided in your order.

1.3. Contacting us if you are a business: You may email us at jkemp [at] jonathankemp [dot] com.  If you wish to give us formal notice under these Terms, please see clause 15.7.

2. Use of our site

Your use of our site is governed by our Terms of Website Use. Please read these as they contain important terms which apply to you.

3. How we use your personal information

We use your personal information only in accordance with our Privacy Policy and Cookie Policy. Please read these carefully, as they contain important information.

4. Age restrictions

You may only purchase Products or Services from our site if you are at least 18 years old.

5. Our right to vary these Terms

5.1. We may revise these Terms from time to time, including to reflect changes in laws or regulatory requirements.

5.2. Every time you place an order, the Terms in force at that time will apply to your Contract.

5.3. If we make changes that affect your order, we will give you reasonable notice and explain your right to cancel if you are not happy with the changes.

6. Purchasing Products and Services

6.1. Our shopping pages guide you through the steps needed to place an order. You will have the chance to check and correct any errors before submitting your order. Please check carefully at each stage.

6.2. After placing an order, you will receive an email acknowledging receipt. This does not mean your order has been accepted.

6.3. Your order is accepted when we send you an email with an invoice confirming the Products or Services you have ordered (“Acceptance Confirmation”). At this point, a Contract is formed.

6.4. If we cannot supply a Product or Service (for example, if it is no longer available or if there is a pricing error), we will inform you by email and refund any payment made.

E-books, books, online courses and videos

6.5. All books, pens, e-books, e-courses and videos must be paid for in advance using the online payment facility.

- If shipping costs exceed £50 (for example, for international delivery), we may ask you to contribute to the cost. This will be made clear to you before dispatch.

6.7. In addition to Products, you may be given access (at no additional charge) to our private Facebook and LinkedIn groups to exchange ideas with us and other users.

6.8. Digital content (online courses) is provided via the Teachable platform or other platforms. A live internet connection is required to access and complete the training. While content is designed to play on a wide range of devices, we cannot guarantee compatibility with all devices. Upon purchase, you will receive an email with instructions to access the course. Teachable will track your course progress for your convenience. If you experience difficulties, please contact jkemp [at] jonathankemp [dot] com.

7. Cancellation policy – Consumers only

7.1. If you are a consumer, you have a legal right to cancel your purchase within 14 days, as set out below.

7.2. Your right to cancel starts on the date of the Acceptance Confirmation and ends 14 days later.

7.3. Digital content (e-books, e-courses, videos):

- By purchasing and choosing to access the digital content within the 14-day cancellation period, you expressly consent to immediate supply of the content and acknowledge that you will lose your right to cancel once access has begun.

- This does not affect your statutory rights if the digital content is faulty.

7.4. Physical goods (books, pens):

- You may inspect goods as you would in a shop. If you cancel, you must return them within 14 days, and you may be liable for any reduction in value resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

7.5. To cancel a Contract, please email us at jkemp [at] jonathankemp [dot] com including the following details:

- “I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*], ordered on [*] / received on [*].”

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (if sending on paper)

- Date

7.6. We will confirm receipt of your cancellation by email. Your cancellation is effective from the date you send it to us.

7.7. If you cancel a Contract, we will refund you:

- the price you paid for the Products or Services, subject to deductions as outlined in 7.4; and

- any refunds due will be made within 14 days of your cancellation (or, for physical goods, within 14 days of receiving them back or you providing evidence of return).

7.8. Refunds will be made to the payment method used for the original purchase.

7.9. Consumer Rights: Because you are a consumer, we are under a legal duty to supply Products that conform to these Terms. You have statutory rights in relation to Products that are faulty, misdescribed or not supplied with reasonable care and skill. These rights are not affected by your cancellation or refund rights in clause 7 or elsewhere in these Terms.

8. Delivery

8.1. Digital Products and Services: Upon receipt of payment, you may receive two emails: (a) an email to validate your email address and set a password for ongoing access with Teachable (our third-party platform provider); and (b) a second email granting access to the course.

8.2. Physical Products: We will deliver physical Products to the address provided at checkout. Unless otherwise agreed, delivery will be within 30 days of the Acceptance Confirmation. If we fail to deliver within this time, you are entitled to cancel the order and receive a full refund.

8.3. Occasionally, delivery may be affected by an Event Outside Our Control (see clause 13).

9. Prices and Payment

9.1. Prices for Products and Services are payable in advance and are as shown on the online store page of our site at the time of your order. We are not obliged to provide Products or Services until payment has been received in full.

9.2. Prices are shown inclusive of VAT, sales tax or equivalent local taxes, where applicable, unless otherwise stated. If tax rates change between your order date and delivery date, we will adjust the tax you pay unless you have already paid in full.

9.3. We take reasonable care to ensure pricing is accurate. If an error is found, we will inform you and give you the option to continue at the correct price or cancel. We are not obliged to honour prices that are clearly incorrect and should have been recognised as such.

9.4. Prices may change from time to time but changes will not affect orders already placed.

9.5. Payment must be made by debit or credit card via our checkout facility (Thrivecart) and payment processor (Stripe), or other third-party platform providers for checkout facilities or payment processing. We currently accept Visa, Mastercard and American Express.

10. Intellectual Property

10.1. The content of our site and all Products and Services is protected by copyright, trade marks, database rights and other intellectual property rights. You may download, display or print one copy for your own personal, non-commercial use, provided that all copyright and proprietary notices remain intact.

10.2. You must not reproduce, modify, distribute, publish, or use any content from our site or Products for commercial purposes without our prior written consent.

11. Our Liability if You Are a Business

11.1. We supply Products and Services for internal business use only. You must not use them for resale.

11.2. Nothing in these Terms excludes or limits our liability for:

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation;

c) breach of the title and quiet possession implied by law; or

d) defective products under applicable product liability law.

11.3. Subject to 11.2, we are not liable for:

- loss of profits, sales, business or revenue;

- loss or corruption of data or software;

- loss of business opportunity or goodwill;

- indirect or consequential losses.

11.4. Our total liability to business customers will not exceed the total amount paid for the Products or Services giving rise to the claim.

11.5. Except as expressly set out in these Terms, all implied warranties or conditions are excluded to the fullest extent permitted by law.

12. Our Liability if You Are a Consumer

12.1. If we fail to comply with these Terms, we are responsible for foreseeable loss or damage you suffer as a result. Loss or damage is foreseeable if it is an obvious consequence of our breach or was contemplated at the time of contract.

12.2. We supply Products and Services for private use only. You agree not to use them for commercial or resale purposes, and we have no liability for business-related losses.

12.3. We do not exclude or limit liability for:

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation;

c) breach of title and quiet possession;

d) breach of consumer rights relating to description, satisfactory quality or fitness for purpose; or

e) defective products under applicable product liability law.

12.4. We do not guarantee that any Product, Service or online course will meet your individual requirements or result in any particular business, educational or personal outcome.

12.5. We make no representation that our Products or Services are appropriate or lawful outside the UK. If you access them from outside the UK, you are responsible for compliance with local laws.

13. Events Outside Our Control

13.1. We are not liable for failure or delay in performing our obligations caused by an Event Outside Our Control.

13.2. An Event Outside Our Control includes (without limitation): strikes, lock-outs, civil commotion, riot, invasion, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, or failure of transport or telecommunications networks.

13.3. 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 extended for the duration of the Event. Where the Event affects delivery of Products, we will arrange a new delivery date after the Event is over.

13.4. Cancellation: You may cancel a Contract affected by an Event Outside Our Control. To cancel, please contact us.

14. Our Assurance to You

14.1. We warrant that we have the right to supply the Products and Services and will use reasonable skill and care in making them available to you.

14.2. Course content is researched by us and believed to be accurate at the time of delivery.

14.3. We may update or improve Products and Services from time to time. Any changes will not materially reduce the overall content or functionality. If we make significant changes, we will notify you in advance in a clear and comprehensible manner.

14.4. EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS (INCLUDING CERTAIN US STATES AND EU COUNTRIES) DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOUR STATUTORY RIGHTS REMAIN UNAFFECTED.

15. Other Important Terms

15.1. We may transfer our rights and obligations under a Contract to another organisation. This will not affect your rights.

15.2. You may only transfer your rights or obligations with our written consent.

15.3. This Contract is between you and us. No third party has rights to enforce it.

15.4. Each clause operates separately. If any clause is found unlawful or unenforceable, the rest remain valid.

15.5. Failure to enforce any right does not constitute a waiver. A waiver must be in writing.

15.6. Consumers may contact us as described in clause 1.2.

15.7. Business notices must be in writing and delivered personally, by pre-paid first class post/next working day delivery service, or email.

15.7.1. Deemed receipt: personally when delivered; post — 9am on the second business day after posting; email — one business day after transmission.

15.7.2. Proof of service: a correctly addressed and stamped letter placed in the post, or an email sent to the recipient’s specified address.

15.7.3. This clause does not apply to service of legal proceedings.

15.8. Governing Law – Consumers

These Terms are governed by English law. You and we both agree to the non-exclusive jurisdiction of the courts of England and Wales. If you are resident in Northern Ireland, Scotland, the EU or another jurisdiction, you may also bring proceedings in your local courts and rely on any mandatory consumer protection laws of your country of residence.

15.9. Governing Law – Businesses

For business customers, these Terms (and any non-contractual disputes) are governed by English law.

15.10. Jurisdiction – Businesses

Business customers agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes.

Updated – August 2025