The Evolution of Women Programme and individual Masterclasses or Programmes Terms and Conditions
1.2 Please read these Terms and Conditions carefully before placing your order to purchase the Programme. By placing your order you are agreeing to be bound by these Terms and Conditions. Should you not wish to be bound by these Terms and Conditions then you should not proceed with any order of the Programme.
2. The Programme
2.1 The Programme shall be delivered in accordance with the details set out in Schedule 1 (attached).
2.2 The total cost of the Programme (“the Fee”) which you agree to pay to us is as set out in Schedule 1 (attached).
2.3 The Programme is designed to be accessed online only and no alternative will be provided. The Programme will be delivered via private Facebook group.
2.4 Any information, support, materials or guidance we provide as part of the Programme are intended for a group audience and should not be relied upon as information personal to you, unless we expressly state otherwise, and do not constitute legal, medical or financial advice.
2.5 Your purchase and access to the Programme is personal to you. On this basis you accept and agree that you will not share or disclose your access to the Programme, or your password to any private area, with any third party, or sell, license or otherwise assign your rights in relation to this Programme.
3. What we expect from you when we work together
3.1 When you purchase the Programme, you are agreeing that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
3.2 As part of the Programme you will have access to interactive or live training, teaching, workshop, coaching or information sessions via video link (“the Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by posting in the private FB group. It shall be your responsibility to attend the sessions as arranged and during such Sessions to participate fully, and communicate openly and honestly. No alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
3.3 You accept and agree that all communication between us will be via electronic means. We shall contact you using the email address that you provide to us and it shall be your responsibility to contact us if that changes. Where we need to provide you with information, we shall do this via by posting in our private FB group. You can contact us using the details set out below.
3.4 You agree to treat our Website and any systems or processes we provide you with access to with respect and not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.
4. Accessing the Programme
4.1 Where the Programme includes access to a private area and/or you are required to set up an account it shall be your responsibility to:
4.1.1 provide the correct information to set up your access to the private area or create your account; and
4.1.2 keep your password or any other access information private, safe and secure; and
4.1.3 to notify us should you become aware of, or suspect that a third party is aware of your password or access details.
4.2 If you experience a fault or other issue with the Programme please let us know immediately by email to email@example.com. We shall use our best endeavours to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund. For further information concerning your rights where you purchase this Programme as a consumer, please contact your local Citizens Advice Bureau.
5. Accessing Interactive sessions or groups
5.1 It is important to us to ensure that all individuals accessing the Programme (“Programme Participants”) feel safe and comfortable and therefore we ask that you agree to conduct yourself in a reasonable and responsible manner at all times when accessing the Programme, including any Sessions, and any of our private Facebook groups or other online groups (“Groups”) and you agree not to act in a manner which may cause offence, distress or alarm to any other Programme Participant accessing the Services.
5.2 When you access any of our Groups or Sessions, you agree:
5.2.1 to respect the privacy and confidentiality of other Programme Participants and not to share information, whether expressed to be confidential or not, that is shared by another Programme Participant;
5.2.2 not to record any Sessions for your personal use or otherwise;
5.2.3 not to capture or share images of any other Programme Particiapant or that include any other Programme Participant without that individual’s express permission;
5.2.4 not to use those Groups or Sessions for any unlawful purpose;
5.2.5 not to upload, post, transmit or otherwise make available content that:
188.8.131.52 Infringes copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
184.108.40.206 is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
220.127.116.11 discloses personal and/or confidential or sensitive information about another person;
18.104.22.168 is threatening or causes another individual accessing the Services to feel harassed or in fear; and/or
22.214.171.124 is classed as spam.
5.3 In the event you are deemed by us to have acted or be acting in a way which is disruptive, or which causes offence, distress or alarm, to any Programme Participants, then you will be excluded from the Group or Session and /or removed from any or all of the supporting online platforms in place for the Programme. Following such removal and exclusion, we shall arrange a meeting with you to discuss the matter and to determine whether you will be removed and/or excluded permanently. Such decision to be at our absolute discretion.
5.4 Should you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our Groups, during Sessions, or during the delivery of the Programme you agree to notify us as soon as possible.
6. Safe use of the Programme – your responsibilities
6.1 Our Programme is designed to provide you with information, materials and skills to support you within your personal development, it is not a substitute for counselling or other therapy services and we are not medical or health practitioners. If you are currently seeking medical or other professional help concerning your mental health, or if you are unsure as to your mental capacity to use the Programme, then you should seek advice from a relevant medical professional and inform us if appropriate and relevant.
6.2 During your use of the Programme you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Programme you are confirming that you are mentally well enough to do so and that you understand that you are personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your use of the Programme and we reserve the right to terminate your access to the Programme where we have concerns as to your suitability to safely use it.
6.3 As part of your participation in the Programme, you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness .You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Programme
7. Your Purchase of the Programme
7.1 Your purchase of the Programme is a contractual offer made by you that we may choose to accept. You will receive an email to confirm you have been accepted on to the Programme. This email is when the legal contract starts. This email must be sent AFTER the T&C’s have been seen and accepted by the client. For example: confirmation email / welcome email.
7.2 Our email acknowledgment is not our acceptance of your order. Our acceptance is indicated when we send your Welcome email (“Welcome Email”) and a legally binding agreement between us will be formed once we send the Welcome Email.
7.3 If your order is not accepted, we’ll notify you by email and provide a full refund.
8. Our Obligations when we deliver the Programme
8.1 When we deliver the Programme we will do so with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that the content is of satisfactory quality, fit for purpose, and as described. We also agree to comply with all relevant regulations, guidance, standards and codes of conduct that apply or are relevant to the provision of the Programme.
8.2 We will use our reasonable endeavours to:
8.2.1 deliver the Programme within the timescale as set out in Schedule 1, however, time shall not be of the essence for delivery; and
8.2.2 ensure that all descriptions of the Programme correspond to the Programme that we deliver to you.
8.3 We reserve the right to make changes to the Programme, in whole or part, as we reasonably require without notice to you. If we make changes, we’ll ensure the Programme still matches the original description, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Programme.
8.4 The Programme is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to the Programme or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Programme or our systems or processes which is caused due to routine or unexpected maintenance.
8.5 In delivering the Programme, we may engage the services of our employees, contractors and other third-party providers as we deem necessary.
9. Payment Terms
9.1 The cost for the Programme (“the Fee”) is as set out in Schedule 1.
9.2 The Fee shall be paid by you in UK Pounds by Stripe only and is exclusive of VAT /inclusive of VAT and any other taxes which may apply.
9.3 Time for payment of the Fee or any instalment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment must be received by us before you are entitled to access the Programme.
9.4 Where you wish to make payment of the Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Programme then you agree to be responsible for payment of the Fee within 7 days from access to the Programme being provided.
9.6 If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan chosen by you at the time of your purchase. Each instalment received by us shall be credited to the outstanding amount of the Fee owed by you until we have received payment of the Fee in full.
9.6 The Fee is based upon our knowledge and experience and the time, effort and availability of the Programme and is not based on your actual usage and/or level of attendance. You agree and acknowledge that:
9.6.1 you shall not be entitled to any form of credit to or deduction from the Fee for any non-attendance or lack of usage of the Programme on your part: and
9.6.2 the Fee is payable in full and non-refundable.
9.7 We reserve the right to change the Fee at any time. Any changes will not affect the price of Programme where payment has already been made and our Welcome Email has already been sent.
10. Late Payment
10.1 If your payment is beyond 7 days overdue, then we shall be entitled to withdraw access to the Programme, which includes access to Sessions or Groups, until payment has been made.
10.2 In the event your account is beyond 30 days overdue then we shall be entitled to terminate our arrangement and instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.
11. Refund Policy
11.1 We want you to be entirely satisfied with your purchase of the Programme, but we trust that you will always get what you need from our programmes, as you lead your own self development. If you decide you wish to cancel your purchase and receive a full refund of the Fee paid, you may do so by providing us with notification that you wish to cancel, by email to firstname.lastname@example.org within 48 hours from the date of your first payment to us, unless the programme is a 1,2,3 day programme. Once we have received your notice of cancellation, we shall provide you with a refund of the Fee paid to date, minus any stripe fees.
11.2 No refunds will be provided once the 48 hour period set out above has passed. Should you still wish to cancel then you may do so in accordance with our cancellation terms set out below. This does not affect your statutory rights to a refund where a fault exists as set out in clause 4.2, where you have purchased the Programme as a consumer.
11.3 In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Programme then you agree to notify us in accordance with this Agreement. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
12. Cancellation and Termination
12.1 You can cancel your access to the Programme by providing notice to us by email to email@example.com. In accordance with Clause 11, despite cancellation, you will not be entitled to a refund unless the circumstances in clauses 11.1 or 11.2 apply.
12.2 Upon cancellation or termination pursuant to these terms and conditions, all payments in respect of the Fee shall become immediately due and payable.
12.3 We shall be entitled to limit the Programme or suspend, and/or terminate our agreement with you with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that you have:
12.3.1 committed a material breach of any of your obligations under these Terms and Conditions; or
12.3.2 failed to provide payment of any sum due to us as and when it becomes due; or
12.3.3 become subject to a bankruptcy or similar financial order or proceedings; or
12.3.4 acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or
12.3.5 failed to positively engage with the Programme or impaired the delivery of the Programme to you or a Programme Participant; or
12.3.6 acted in a way which is abusive or is intended to cause offence to us or a Programme Participant; and/or
12.3.7 failed to abide by any term of these Terms and Conditions or any other guidance we may provide whether such action constitutes a material breach or not
12.4 Upon termination of this arrangement for any reason:
12.4.1 all clauses which either expressly or by their nature relate to the period after the delivery of the Programme or expiry or termination of the same shall remain in full force and effect; and
12.4.2 you will no longer have any access to any Groups, Sessions or Content, unless we have expressly agreed in writing otherwise.; and your access to all Services, any private social media accounts, any Groups, and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access;
12.4.3 you shall cease to use, either directly or indirectly any Content, Systems or Confidential Information received as part of the Programme, and shall immediately return to us or destroy any documents, materials or resources in your possession or control which contain a record of any Confidential information.
12.5 In the absence of any earlier termination in accordance with this Clause, this Agreement will terminate as set out in Schedule 1.
13.1 We want to create a safe and secure space for everyone accessing the Programme and therefore the protection of confidentiality is very important to us.
13.2 For the purposes of this Agreement, Confidential Information shall mean ideas, know-how, business practices, customer/client details, personal data, materials, therapeutic and coaching tools, business models, content, data, software, documents, resources, video and audio recordings, presentations, downloads, podcasts, workbooks, methods, concepts and techniques, systems, plans, trade secrets, and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of this Agreement.
13.3 When you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent or as provided for in this Agreement.
13.4 Where we disclose Confidential Information to you, or where it is disclosed by a Programme Participant, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not:
13.4.1 disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;
13.4.2 use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
13.5 Our obligations shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to this Agreement) , to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.
14. Intellectual Property
14.1 As part of the Programme we may provide you with materials, information, tools, videos, resources, workbooks, data and other content (“Content”). We may also provide you with access to our unique coaching methods and tools including the Energy Code® and Mind Conditioning Therapy® (“Systems”). We take the protection of our Intellectual Property Rights in relation to our Content and Systems very seriously. You agree and accept that all Content and Systems remain our confidential and proprietary intellectual property and belong solely and exclusively to us.
14.2 Our Content and Systems can only be used by you in connection with your use of the Programme and should not be copied, modified, reproduced, shared, published, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within this Agreement constitutes a transfer of any intellectual property or grant of a licence or any right to use unless expressly set out in this Agreement or where we have provided our prior written consent.
14.3 As part of your purchase of the Programme, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content and Systems provided as part of the Programme solely for your private and personal use and for the purposes intended by these Terms and Conditions. All other uses are strictly prohibited.
14.4 Your Licence becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence. You Licence will terminate automatically when your access to the Programme terminates as set out in Schedule 1.
14.5 Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
14.6 When you purchase the Programme, you agree and undertake that from the date of this Agreement that you SHALL NOT (save as provided for in this Agreement):
14.6.1 copy, reproduce, sell, licence, share or distribute any of our Content or Systems, whether during the period of provision of the Programme, or at any time thereafter;
14.6.2 record any webinars, online or in-person events, videos, Sessions or any Content or Systems;
14.6.3 infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights or any such rights belonging to a Programme Participant.
14.7 In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to the Content and Systems) then:
14.7.1 you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;
14.7.2 you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our Intellectual Property and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and
14.7.3 you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 15.
14.8 The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.
15. Your Personal Data and how we use it
15.1 Personal data for the purposes of these Terms and Conditions means any information which is capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
15.2 Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Programme, and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at http://www.kezialuckett.com.
15.3 As part of the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Programme Participants and shared on social media. By purchasing our Services and agreeing to the terms of this Agreement you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at kezialuckett.com
15.4 The obligations set out above and in clauses 13 and 14, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.
16. Reviews and Testimonials
16.1 If you share comments, information, content, photographs, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
16.2 When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
16.3 If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
16.4 These provisions shall survive termination.
17. Non-solicitation and non-competition
17.1 For the duration of your access to the Programme and for a period of 6 months afterwards you agree NOT to:
17.1.1 canvass, promote or advertise your products or services to any of our employees, contractors, or Programme Participants or who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Programme to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;
17.1.2 solicit or attempt to solicit any Programme Participant or Prospective Clients without our express consent, such consent not to be unreasonably withheld;
17.1.3 employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.
17.2 The provisions of this Clause 17 shall continue in force notwithstanding the termination of our arrangement for any reason.
18. About us
18.1 http://www.kezialuckett.com is owned and operated by Women of Contribution Global Limited, 11465955. Our registered business number is 07810517739 Our registered office is at 1 Dadfield Close, Cuddington, Buckinghamshire HP18 0BH.
19. Access and use of third party services
19.1 Where your purchase of the Programme includes the opportunity to benefit from additional bonus services then these will be provided by our trusted third-party suppliers (“Trusted Suppliers”).
19.2 Our Trusted Suppliers are independent contractors and are not our agents or employees and whilst we shall use our reasonable endeavours to ensure that any information we provide to you from them is up to date and accurate, we are unable to guarantee the accuracy of any information or that it is free from errors or omissions.
19.3 Whilst we are advocates of the benefits of the services that are offered by our Trusted Suppliers, results can vary and are not guaranteed and you will remain at all times fully responsible for your own health and well-being. Any access to any products or services provided by a Trusted Supplier is an alternative or complementary form of care and not a replacement to any existing medical treatment that you are undergoing or may require. You agree that should you have any concerns concerning your health, diet, medication or any medical conditions that you will seek the advice of your qualified medical practitioner.
19.4 Where we provide you with access to services provided by a Trusted Supplier then in the event you choose to use those services or enter into any subsequent purchase or transaction with that Trusted Supplier then you do so at your own risk. We shall not be liable for any act, omission, errors, representations, warranties, breach or negligence of any Trusted Supplier or any personal injury, death, property damage or other damages and expenses resulting from the use of any products or services provided by a Trusted Supplier or your purchase or transaction with any Trusted Supplier, where applicable.
20.1 Your purchase of the Programme and compliance with these Terms and Conditions does not constitute or imply any relationship other than as set out within this Agreement.
20.2 We warrant that the content of the Programme is of satisfactory quality and reasonably fit for the purposes in which it is intended to be used as described on our Website.
20.3 Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
20.4 We do not warrant or guarantee that your access to the Programme will be:
20.4.1 accessible via your particular hardware or software;
20.4.2 free from interruptions or errors;
20.4.3 free from defects;
20.4.4 suitable for your particular personal situation or circumstances.
20.5 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
20.5.1 any indirect, consequential or special damages, losses or costs;
20.5.2 any failure to deliver the Programme where we are prevented due to a reason beyond our reasonable control; or
20.5.3 any losses arising from your choice of Programme requested or your use of the Programme once delivered.
20.6 The Programme is intended to be used as described on our Website and on the basis set out within these Terms and Conditions and should not be used for any other purpose.
20.7 In the event you incur damages as a result of our failure to exercise reasonable skill and care, our default or breach of these Terms and Conditions, our entire liability is limited to the amount of the Course Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 20.7 is fair and reasonable given the nature of these Terms and Conditions and the provision of the Programme.
20.8 We shall not be liable where we have informed you of a problem with the Programme and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
20.9 Nothing in this Agreement seeks to excuse or limit your legal rights where you have purchased this Programme a consumer. For further information concerning your legal rights please contact your local Citizens Advice Bureau.
20.10 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
20.11 During the term of the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Programme Participants, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or any Programme Participant.
20.12 In the event a dispute arises in connection with the provision of the Programme which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either Party shall be at liberty to commence legal action.
21. No Guarantee
21.1 When purchasing the Programme, you will have access to information designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/ or the skills or tools shared. Since your success and any results are dependent on factors which are outside of our control, we do not guarantee that any particular results or success will be achieved.
21.2 We have made every effort to accurately represent the Programme. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.
22.1 No failure to actively enforce any provision of these Terms and Conditions shall constitute a waiver, diminution or limitation of any right.
22.2 Where any part of these Terms and Conditions is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
22.3 Every effort will be made to deliver the Programme in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of the Programme should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Programme shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Programme, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
22.4 If an Event arises, we will email you setting out the nature and extent of the Event and the steps we are taking to mitigate the impact and effect.
22.5 If the Event continues for longer than 3 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring prior to termination. Any refunds will be considered at our discretion.
22.6 This Agreement is formed in the United Kingdom our principal place of business and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
22.7 You agree that no other representations have been made by us to induce you into purchasing the Programme and no modification or variation to these Terms and Conditions shall be effective unless in writing and signed by us both.
22.8 Save as provided for in clause 20.11 the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Schedule 1: Programmes
1. Programme details
1.1 Programmes are online, via a live Facebook transmission.
1.2 Subject to the payment terms being met, the Programmes will be delivered as follows:
1.2.1 Either as one session or multiple sessions via a Facebook Live unless a VIP package has been purchased.
1.2.2 Access to each Programme and its Content changes and the details of which will be found on the sales page.
2.2 Programme Fee
2.1 The fee for the Programme is clearly listed on the sales page (“the Fee”).
2.2 Payment shall be made by Stripe via website or invoice.
2.3 Cleared payment of the Fee must be received before access is provided to the Programme.
2.4 The Course Fee is payable in instalments. Once the first instalment has been received by us in cleared funds you will receive access to the Programme.
2.5 Payment of the Instalments is as follows:
2.5.1 As stated on the sales page either weekly, fortnightly or monthly.
2.5.2 Any other payment options are at the discretion of Kezia Luckett and will be given in writing.
2.6 Where you agree to provide payment of the Fee by instalments, you authorise us to request payment of the relevant Fee from your chosen payment method on the date set out in above.
3. Course Duration
3.1 The Course will begin as stated on the sales page.
3.2 You will have access to the Programme Content as stated on the sales page.