WEBSITE DISCLAIMER
The website confidentmindset.coach (“the Website”) is owned and operated by Suresh Vasnani, his authorised officers, employees or agents (“we, our, us”).
Please read the Terms of Use and Privacy Notice documents displayed on this Website before using this Website. By accessing, visiting and/or using our Website you are accepting the terms of this Disclaimer as well as the terms contained within the Terms of Use and Privacy Notice documents and agree to be bound by them.
For the purposes of this Disclaimer, the definition of Website shall include our other online platforms and social media channels.
We reserve the right to make changes or revisions to this Disclaimer or our Website without notice.
The content of this Website is protected by copyright. No portion of this Website may be copied or replicated in any form without our express written consent.
Any queries concerning the content of this disclaimer should be addressed to info@confidentmindset.coach.
Website Use
1. By accessing this Website, you agree that you are 18 years or older and have the mental and legal capacity to enter into and abide by the terms of this Disclaimer.
2. The information contained within this Website is for general information and /or educational purposes only. Whilst every endeavour is made to keep the information up-to-date and correct, no representations of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information contained therein, or its products or services for any purpose, are made and all warranties are excluded to the fullest extent permitted by law.
3. Any reliance you place on any such information is strictly at your own risk. In no event will we be liable for any loss or damage, whether direct or indirect, arising out of, or in connection with, the use of the Website and the information or contents therein, or any products or services purchased therefrom.
4. By agreeing to opt-in to receive content distributed by us, or by accessing our Website you accept that nothing on the Website or distributed via email is intended to take the place of a personal consultation with us concerning your specific coaching related issue.
5. By using the Website, you accept that any access to the Website and use of any content or information contained therein, or links to any third-party sites or resources is done wholly at your own risk.
6. By using the Website and accessing the information and content contained therein you agree to fully indemnify us, our agents, or other parties associated with us, from any causes of action, damages, losses, costs or expenses howsoever incurred as a result of your use of our Website.
7. Through the Website you are able to link to other Websites and resources which are not under our control. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
8. Every effort is made to keep our Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being unavailable due to technical issues beyond our control.
9. We will attempt to monitor comments and posts made by third parties and users as often as possible and shall deal with anything objectionable or offensive in the manner that we deem appropriate and in reasonable time. We shall not be held responsible for material posted by a third party outside of our control. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party you agree to notify us as soon as practicable and to not take any action against us based upon that third-party content.
10. We do not assume any liability for any use of the Website whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
10.1 Loss of profits;
10.2 Loss of sales or business;
10.3 Loss of agreements or contracts;
10.4 Loss of anticipated savings;
10.5 Loss of use or corruption of software, data or information;
10.6 Loss or damage to goodwill;
10.7 Any indirect or consequential loss.
11. Nothing in this Disclaimer or in our Website Terms of Use document shall exclude or limit our liability for:
11.1 Death or personal injury caused by negligence;
11.2 Fraud or misrepresentation;
11.3 Any liability which cannot be excluded or limited under law.
12. No liability is accepted for any claim arising from your reliance upon or use of any of the information or content provided via the Website or by email, whether or not payment is made for the use of that content or information, or use of, or reliance upon any products or services purchased or provided.
13. No liability is accepted for any damages incurred as a result of your reliance or use of information contained within the Website or provided by email, which is written by a third party, whether endorsed by us or not. Use or reliance upon that information is strictly at your own risk.
14. Where testimonials are used within the Website or in emails, these testimonials are not to be considered as a guarantee that you will experience the same or similar results or experience.
15. If any provision or part-provision of this Disclaimer, our Website Terms of Use document and /or our Privacy Notice is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paraphrase shall not affect the validity and enforceability of the rest of this Disclaimer, the Website Terms of Use, and/or the Privacy Notice.
16. Your use of the Website constitutes full and complete acceptance and agreement to this Disclaimer and the Terms of Use and Privacy Notice documents referred to above and displayed on the Website.
17. This Disclaimer along with the Terms of Use document and Privacy Notice documents shall be governed and construed in accordance with the laws of England and by your use of the Website you agree to the non-exclusive jurisdiction of those Courts.
WEBSITE TERMS OF USE
By visiting and using our Website, our other online platforms or social media channels, and/or purchasing our products or services or requesting information in relation to our products or services you agree to be bound by these Terms of Use.
For the purposes of these Terms of Use, the definition of Website shall include our other online platforms or social media channels.
Please read these Terms of Use carefully before using our Website. If you do not agree to be bound by these Terms of Use, then you must not use or access our Website.
Should you have any questions concerning the content of these Terms of Use then please contact us at [insert your contact email address].
1. Use of the Website
1.1. We make no charge for access to our Website.
1.2. Should you wish to use our Website then it is your responsibility to put in place the necessary requirements to allow you to access and use our Website. We shall not be liable to you in the event you are unable to access or use our Website.
1.3. Our Website is available on an ‘as available’ basis. We reserve the right to suspend, change or remove our Website at any time for any reason and without notice. We shall not be liable to you in any way in the event our Website or any part of it is out of date, unavailable or inaccessible at any time.
1.4. Our Website is intended to be accessed and used by individuals who are over the age of 18 and have the required mental capacity to understand and agree to these Terms of Use. By continuing to access and use our Website you are confirming that you are over 18 years old. Any individual under the age of 18 that accesses this Website does so on an unauthorised basis.
1.5. References to the Website within these Terms of Use apply regardless of how you access the Website.
1.6. If you purchase a product or service from us then you will be asked to agree to separate Terms and Conditions associated with that product or service and those terms will prevail in the event there is a dispute or issue in the future.
1.7. Where we provide you with a password, code, or other access in connection to our Website you agree to keep that access information confidential, private and secure. In the event we consider that you have failed to comply with this requirement then we reserve the right to suspend or terminate your secure access, such decision to be at our absolute discretion.
1.8. We reserve the right to make changes to these Terms of Use at any time. Whilst we shall use our best endeavours to notify you of any changes by displaying a notice of any changes on our Website, it is your responsibility to ensure that you check these Terms of Use from time to time so that you are aware of any changes, updates or amendments.
2. Intellectual Property Rights
2.1. All content that is displayed on our Website and on or within our social media channels, which includes, but is not limited to, website design and layout, text, images, logos and graphics, video, data, code, audio, document files, software and any other resources and information (“Content”) belongs to us and all copyright, moral ownership and any other intellectual property rights that arise and/or exist within that Content (and any and all derivatives of it) is owned exclusively by or licenced to us. All content and information are protected by the intellectual property laws applicable to the United Kingdom as well as international intellectual property laws and treaties.
2.2. When using and accessing our Website you agree not to copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of the Content or assist others in carrying out any such activities, unless express written permission has been obtained from us.
2.3. You may use and access our Website as follows:
2.3.1. to view the Website in a web browser;
2.3.2. to download or print any free resources which are explicitly marked suitable for download;
2.3.3. to download the Website or parts of it for caching.
2.4. You must not use our Website or any of its content for:
2.4.1. commercial purposes or benefits without first obtaining our express written permission or licence if applicable;
2.4.2. any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
2.5. In the event of any breach of clauses 2.1 – 2.4 arising, we reserve our right to immediately terminate your use and access of our Website along with the immediate termination of any services which you may have purchased from us, without refund. You will also be required to destroy any copies of Content which you hold. We also reserve the right to take action in respect of your breach to the full extent of the law.
2.6. Where we offer a free resource on our Website or through our social media channels, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.
3. Privacy and Data Protection
3.1. Please refer to our separate Privacy Notice and Cookie Policy displayed on our Website for further information on how we process your personal information and our use of cookies and other similar technologies. The content of those policies is incorporated into these Terms of Use.
3.2. Any and all personal information that you may provide to us or that we may collect through your use of our Website will be processed in accordance with the provisions of the relevant Data Protection laws and legislation and in accordance with the terms of our Privacy Notice.
4. Disclaimer
4.1. All information provided on our Website is provided for general information purposes only. Nothing on our Website constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure and check that any Content, goods or services available on or through our Website satisfy your specific expectations or requirements.
4.2. We make no warranty, guarantee or representation that the Website or any Content is:
4.2.1. accurate, up to date or free from any errors or inaccuracies;
4.2.2. accessible and/or compatible with your hardware and software;
4.2.3. not capable of infringing any third-party rights; or
4.2.4. suitable to meet your required expectations or needs.
4.3 Where we use testimonials or feedback from our customers and/or clients on our Website this content is not to be taken as a guarantee that any current or future customers or clients will receive the same benefits or results. Testimonials are included on the Website purely as an example of the experiences other individuals have encountered in connection with our products or services.
5. Liability
5.1. We accept no liability to any user (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, whether foreseeable or not, for:
5.1.1. loss, damage, or expenses of any kind such as loss of data, income, profit, business, goodwill;
5.1.2. any direct, indirect or inconsequential losses or damage;
5.1.3. any claims by third parties;
which arise in connection with your use and access of our Website or the use or reliance upon any Content or other information found on our Website.
5.2. We shall exercise reasonable care and skill to ensure that our Website is free from viruses and any other malicious software. We accept no liability for any loss or damage resulting from a virus or other malicious software or any other event occurring that causes damage to your hardware, software, or any of your data which arises as a result of your use or access to our Website.
5.3. Nothing in these Terms of Use excludes or limits our liability for:
5.3.1. Death or personal injury caused by our negligence;
5.3.2. Fraud or fraudulent misrepresentation by us; or
5.3.3. Any other liability that cannot be excluded or limited by applicable law.
5.4. We reserve the right to modify, suspend, or otherwise withdraw access to all or part of our Website at any time and accept no liability in connection with such action.
6. Acceptable usage of our Website, other platforms and social media channels
6.1. You must only use and access our Website and our social media channels in a way which is lawful and in accordance with these Terms of Use and in particular:
6.1.1. you must ensure that you comply fully with any applicable local, national and international laws, guidance and regulation;
6.1.2. you must not use our Website or other social media channels in a way which is unlawful and/ or fraudulent;
6.1.3. you must not use our Website or any of our social media channels to transmit data that contain any form of virus, malicious software or code which is designed to cause damage or could have an adverse effect on any computer hardware or software;
6.1.4. you must not use our Website or any of our social media channels in any way that will, or is intended to, cause upset, distress or harm to any individual in any way;
6.1.5. you must not try to gain unauthorised access to our Website or any social media channels or any computer hardware or software connected to our Website.
6.1.6. you are permitted to post to our Website or social media channels where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any Content posted by you;
6.1.7. where you choose to post as set out in sub-clause 6.1.5 above, you agree that you will not post any content or information which could cause damage, harm, upset or distress to another user of our Website or social media channel or that may cause damage to our business or reputation. In the event it is determined that you have posted any content or information in breach of this sub-clause 6.1.6 then we reserve the right to remove such content immediately, to terminate your access to our Website and/or our social media channels and to take such action as is necessary to the full extent of the law;
6.1.8. where you choose to post any content or information as set out in sub-clause 6.1.5 you are also providing us with a full and unlimited, non-exclusive and unrestrictive world-wide licence to use, copy, publish, distribute and sell the content you post in whole or in part. By posting you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.
6.2. We reserve the right to suspend or terminate your access to our Website or our social media channels where we determine that you are in material breach of this Clause 6 or any other conditions contained within this Terms of Use document. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.
7. Links to third party websites
7.1. The Website may contain links to other websites. We are not responsible for these websites and they are not under our control. We have no knowledge of the privacy policies and practices of those sites, their site content, or whether cookies or other tracking devices are used and therefore we do not accept responsibility for, nor any liability in connection with, these third-party websites. If you have any concerns regarding the privacy of your information you should ensure you are aware of the privacy policies and terms of use of those sites before accessing them or disclosing any personal information.
8. Links to our Website
8.1. Subject to clauses 8.1.1 to 8.1.4 below, you may link to our Website provided the following conditions are met:
8.1.1. You have obtained our written permission;
8.1.2. the link is undertaken in a fair manner;
8.1.3. the link is owned by you;
8.1.4. the link is not unlawful and does not damage our reputation or seek to take advantage of it;
8.1.5. the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and
8.1.6. you do not use any images, logos, trademarks, branding details or other content displayed on our Website without our express written permission.
8.2. We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.
9. Changes to these Terms of Use
9.1. We reserve the right to alter or amend these terms without notice. Should these Terms of Use be altered or amended, then an updated document will be posted on the Website.
9.2. Your first use of our Website after the date of any alterations or amendments will constitute acceptance of such changes therefore, we recommend you review these Terms of Use regularly to keep informed of any changes.
10. Applicable Law
10.1.These Terms of Use shall be governed by the laws of England and Wales and any dispute shall be dealt with under the exclusive jurisdiction of the Courts of England and Wales and the law from time to time in force.
ONLINE COURSE TERMS AND CONDITIONS
1. Introduction
1.1. These terms and conditions together with our privacy notice and website terms of use (which can be found on our website at confidentmindset.coach (“the Website”)), (“Terms and Conditions”) confirm the basis on which we supply the Online Course (“the Online Course ”) to you, the person purchasing the Online Course (“You”).
1.2. Please read these Terms and Conditions carefully before placing your order. By placing your order for the Online Course, 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 Online Course.
2. About us
2.1. www.confidentmindset.coach is owned and operated by Suresh Vasnani (“We”, “Us”). Our registered office is at 1 Grinstead Lane, Lancing BN15 9DU, UK.
3. The Online Course
3.1. We shall deliver the Online Course with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that the content of the Online Course is of satisfactory quality, fit for purpose, and as described.
3.2. We agree to comply with all relevant regulations, guidance, standards, and codes of conduct that apply or are relevant to the provision of the Online Course.
3.3. We shall deliver the Online Course in accordance with the details set out in Schedule 1 (attached).
3.4. We shall use our reasonable endeavours to:
3.4.1. deliver the Online Course within the timescale as set out in Schedule 1, however, time shall not be of the essence for delivery; and
3.4.2. ensure that all descriptions of the Online Course correspond to the Online Course that we shall deliver to you.
3.5. In delivering the Online Course, we may engage the services of our employees, contractors and other third-party providers as we deem necessary.
3.6. Whilst we shall make every effort to deliver the Online Course in accordance with the details as set out in Schedule 1, we reserve the right to amend, revise or make changes to the Online Course or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Online Course still matches the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes to the Online Course which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Online Course.
3.7. When you purchase an Online Course from us, we may provide you with materials, information, videos, resources, data and other content (“Content”). By completing your order and purchase you agree and accept that all such material remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your use of the Online Course and should not be copied, disclosed, or used for any commercial reasons without our express consent.
3.8. Any information, support and guidance we provide to you is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.
3.9. Where the Online Course purchased includes interactive or live training, teaching, coaching or information sessions via video link or telephone (“the Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
3.10. The Online Course 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 Online Course or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Online Course or our systems or processes which is caused due to routine or unexpected maintenance.
4. Your Obligations
4.1. By placing an order through our Website, you agree and warrant that you:
4.1.1. are legally capable of entering into binding contracts.
4.1.2. are at least 18 years of age; and
4.1.3. will ensure that all of the information that you provide to us is true and accurate.
4.2. 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 email or by posting information on our Website. You can contact us using the details set out below.
4.3. You agree to provide us with all necessary information we require in order to deliver the Online Course to you.
4.4. We shall not be liable for any delay in the delivery of the Online Course caused by your failure to comply, or delay in complying, with any of the provisions in this Clause 4.
4.5. Your order and purchase of the Online Course is personal to you. On this basis you accept and agree that you will not share or disclose your access to the Online Course, or your password to any private area, with any third party, or sell, licence or otherwise assign your rights in relation to this Online Course.
4.6. We respect your privacy and confidentiality and we ask that you respect the privacy of other individuals accessing the Online Course (“Clients”). Where the Online Course includes Sessions as part of a group (“Group Sessions”), access to a private Facebook group or other private group or private area, you agree:
4.6.1. to act in a reasonable and responsible manner at all times when accessing the private groups or areas or during any Group Sessions and not to act in a manner which may cause offence, distress or alarm to any Clients or any other individual accessing the Online Course and/or Group Sessions;
4.6.2. not to record any Sessions or Group Sessions, for your personal use or otherwise;
4.6.3. not to share information, whether expressed to be confidential or not, that is shared by another Client;
4.6.4. not to capture or share images of any other Client or that include any other Client without that Client’s express permission;
4.6.5. not to canvass, promote or advertise your products or services to any of our employees, contractors or Clients, or use your participation in the Online Course or access to the Online Course to canvass, promote or advertise your products or services without our express consent;
4.6.6. not to use any private group or area for any unlawful purpose; and
4.6.7. that when accessing any private group or area you will not upload, post, transmit or otherwise make available content that:
4.6.7.1. Infringes copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
4.6.7.2. is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not;
4.6.7.3. discloses personal and/or confidential or sensitive information about another person;
4.6.7.4. is threatening or causes a Client to feel harassed or in fear; and/or
4.6.7.5. is classed as spam.
4.7. Where the Online Course includes access to a private area and/or you are required to set up an account it shall be your responsibility to:
4.7.1. provide the correct information to set up your access to the private area or create your account; and
4.7.2. keep your password or any other access information private, safe and secure; and
4.7.3. to notify us should you become aware of or suspect that a third party is aware of your password or access details.
4.8. If you experience a fault or other issue with the Online Course, please let us know immediately by email to info@confidentmindset.coach. 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 as a consumer please contact your local Citizens Advice Bureau.
4.9. You accept that as part of your participation in the Online Course that you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and 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 the Online Course or any other Services provided by us.
4.10. You accept that access to the Online Course is not a substitute for counselling or other therapy services. In the event that you are undergoing medical or other professional help concerning your mental health then you should inform your practitioner of your intention to access the Online Course and the extent of the services being provided and inform us if appropriate and relevant.
4.11. When accessing the Online Course and/ or any private groups or areas you agree 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.
4.12. Should you have any concerns as to any aspect of the Online Course then you agree to notify us of such concerns by email to info@confidentmindset.coach as soon as possible. We agree that, upon receipt of such notification by email, that we shall use our reasonable efforts to work with you to resolve your concerns.
4.13. In the event you refuse or fail to comply with this Clause 4 then we shall be entitled to terminate your access to the Online Course and any associated Sessions, groups or private areas and no refund will be provided. This does not affect your statutory rights.
5. Accessing the Online Course
5.1. Your order and purchase of the Online Course is a contractual offer that we may, at our sole discretion, accept. After making your order you will receive an email from us acknowledging that we have received notification of your order.
5.2. Our email acknowledgment is not our acceptance of your order. Our acceptance is indicated when we send your confirmation email (“Confirmation Email”) and a legally binding agreement between us will be formed once we send the Confirmation Email.
5.3. When you place an order to purchase the Online Course you will be required to acknowledge that you wish access to the Online Course to be provided to you immediately and that you acknowledge and agree that you will lose any legal right to change your mind and cancel this agreement. Your other statutory rights as a consumer are not affected.
5.4. In the event we are unable to fulfil your order and deliver the Online Course we shall notify you by email and provide you with a full refund of the Course Fee paid.
6. Fees and Charges
6.1. The cost for the Online Course (“the Course Fee”) is as set out in Schedule 1.
6.2. The Course Fee shall be paid by you in GBP £ using the payment methods set out in Schedule 1.
6.3. Any deposit payable shall be non-refundable unless we fail to deliver the Online Course by reason of our own fault or failure.
6.4. Time shall be of the essence in respect of the payment of the Course Fee, any instalment of the Course Fee and/or any deposit.
6.5. Payment of the Course Fee shall be made without deduction, set off or any form of withholding except as is required by law.
6.6. Cleared payment of the Course Fee or the first payment of any instalment arrangement must be received by us before you are entitled to access the Online Course.
6.7. 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 Online Course then you agree to be responsible for payment of the Fee within 7 days from access to the Online Course being provided.
6.8. We reserve the right to vary the amount of the Course Fee at any time. The Course Fee that is shown in our Confirmation Email is the price that you will be required to pay.
7. Late Payment
7.1. You are responsible for ensuring that payment of the Course Fee or any instalment of the Course Fee (if applicable) is paid in full and on time in accordance with the payment terms set out in Schedule 1.
7.2. If payment of the Course Fee or any instalment of the Course Fee is beyond 7 days overdue, then we shall be entitled to any or all of the following remedies:
7.2.1. to withhold delivery of the Online Course or access to any associated Sessions, groups, areas or resources until payment has been made in respect of the outstanding amount;
7.2.2. to remove you from any groups, private areas, or similar resources which have been provided as part of the Online Course.
7.3. In the event your account is beyond 30 days overdue we shall be entitled to instruct a collection or legal agent to seek recovery of the Course Fee along with our reasonable costs incurred in taking such action.
8. Refund Policy
8.1. No refund policy shall apply to your purchase of the Online Course as explained in clause 5.3, save where a fault exists as set out in clause 4.8.
9. Cancellation and Termination
9.1. You shall have the right to cancel your access to the Online Course by providing notice to us by email to info@confidentmindset.coach. In accordance with Clause 8, despite cancellation, you will not be entitled to a refund unless clause 4.8 applies.
9.2. Upon cancellation or termination pursuant to these terms and conditions, all payments in respect of the Course Fee shall become immediately due and payable.
9.3. We reserve our right to terminate your access to the Online Course and any associated Sessions, groups, or resources, with immediate effect, and without refund, if you:
9.3.1. commit a material breach of your obligations under these Terms and Conditions; or
9.3.2. fail to provide payment of any amount due in respect of the Course Fee as and when it becomes due; or
9.3.3. have a bankruptcy petition presented against you or where you are subject to a bankruptcy order; or
9.3.4. are subject to any of the circumstances as set out in clause 9.4.
9.4. We shall be entitled to limit or cancel your access to the Online Course or suspend, and/or terminate the arrangement without refund of any Course Fee, whether paid or remaining due and payable, if we reasonably determine that you are:
9.4.1. becoming disengaged, disruptive or if you impair the provision of the Online Course or the enjoyment of the Online Course by any of our Clients. For the purposes of these Terms and Conditions, the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Online Course, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or
9.4.2. failing to follow or abide by any of the terms set out within this document or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
9.5. Upon termination of this arrangement for any reason:
9.5.1. all clauses which either expressly or by their nature relate to the period after the delivery of the Online Course or expiry or termination of the same shall remain in full force and effect; and
9.5.2. you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise.; and
9.5.3. you shall cease to use, either directly or indirectly any Confidential Information received as part of the Online Course, 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.
10. Confidentiality, Intellectual Property and Data Protection
10.1. In order to benefit fully from the Online Course, you accept that in some cases you may be encouraged to disclose personal and/ or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes, your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other personal, confidential and/or proprietary information (collectively, “Confidential information”) that you may disclose to us or that may be disclosed as part of the delivery of the Online Course.
10.2. Confidential Information for the purposes of these Terms and Conditions excludes any information that:
10.2.1. was already known to us prior to being provided with that information by you;
10.2.2. is already accessible in the public domain;
10.2.3. is provided to us by a third party separate to this Online Course and without any breach of these Terms and Conditions; or
10.2.4. is produced, developed, or collated by us independently of you and without any breach of the Terms and Conditions.
10.3. When you purchase the Online Course, we shall grant to you a personal, limited, non-exclusive, non-transferable, revocable licence to access, view and use any Content or other materials and resources provided as part of the Online Course solely for your personal use and for the purposes intended by, and the duration as set out within, these Terms and Conditions. All other uses are strictly prohibited.
10.4. Any personal information or personal data that you provide to us in connection with your purchase of an Online Course or these Terms and Conditions, will be maintained by us and stored, accessed and processed in accordance with recognised data protection laws and legislation including the General Data Protection Regulation 2018 (“GDPR”) and we shall only process data to the extent reasonably required to enable proper delivery of the Online Course. 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 www.confidentmindset.coach.
10.5. We shall only process your personal data to the extent reasonably required to enable proper delivery of the Online Course and shall only retain it for as long as is necessary to allow completion and delivery of the Online Course and to comply with any legal or regulatory requirements in accordance with relevant retention guidance.
10.6. The obligations set out above 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 to enforce any of our rights under these Terms and Conditions, or where we have been directed to do so by a court or other body of equivalent jurisdiction.
10.7. By purchasing the Online Course, you hereby agree and undertake that from the date of purchase:
10.7.1. not to infringe any of our or our Clients’ copyrights, patents, trademarks, trade secrets or other intellectual property rights;
10.7.2. that any Confidential Information disclosed by us or our Clients is confidential and proprietary, and belongs solely and exclusively to us or the Client disclosing it;
10.7.3. not to disclose such Confidential Information to any other person or use it in any manner other than during Sessions or Group Session or as otherwise expected as part of the provision of the Online Course;
10.7.4. that all Content, materials, resources, information and any data provided by us or our Clients, is that person’s confidential and proprietary intellectual property and belongs solely and exclusively to them, and may only be used by you as expressly authorised by us or our Clients; and
10.7.5. the reproduction, distribution, broadcasting, transmission and/or sale of any information, resources or materials provided during provision of the Online Course or at any time thereafter by anyone but us is strictly prohibited. You agree that in the event of any breach of your obligations contained in these Terms and Conditions then damages, loss or irreparable harm may arise and that in such circumstances we will be entitled to seek relief, including injunctive relief against you.
10.8. In the event you choose to share comments, information, content, photos, graphics or images (“Client Content”) with us then in doing so you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services. Such uses shall include advertising and marketing.
10.9. Where you choose to share Client Content with us as defined above, you confirm that you have the legal right to share that Client Content and that it does not infringe any third party’s intellectual property or other rights.
10.10.Where you provide us with a testimonial, review or similar information (“Review”) then in 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.
10.11.The provisions of this Clause 10 shall continue in force notwithstanding the termination of our arrangement for any reason.
11. Liability
11.1. Your purchase of the Online Course and compliance with these Terms and Conditions does not constitute or imply any relationship other than as set out within this Agreement.
11.2. We warrant that the content of the Online Course is of satisfactory quality and reasonably fit for the purposes in which it is intended to be used as described on our Website.
11.3. Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
11.4. When purchasing the Online Course, 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.
11.5. We have made every effort to accurately represent the Online Course. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.
11.6. We do not warrant or guarantee that your access to the Online Course will be:
11.6.1. accessible via your particular hardware or software;
11.6.2. free from interruptions or errors;
11.6.3. free from defects;
11.6.4. suitable for your particular personal situation or circumstances.
11.7. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
11.7.1. any indirect, consequential or special damages, losses or costs;
11.7.2. any failure to deliver the Online Course where we are prevented due to a reason beyond our reasonable control; or
11.7.3. any losses arising from your choice of Online Course requested or your use of the Online Course once delivered.
11.8. The Online Course 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.
11.9. 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 11.9 is fair and reasonable given the nature of these Terms and Conditions and the provision of the Online Course.
11.10.We shall not be liable where we have informed you of a problem with the Online Course 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.
11.11.Nothing in this Agreement seeks to excuse or limit your legal rights as a consumer. For further information concerning your legal rights please contact your local Citizens Advice Bureau
11.12.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.
11.13.During the term of the Online Course 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 Clients, 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 Clients.
11.14.In the event a dispute arises in connection with the provision of the Online Course 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 following mediation then either Party shall be at liberty to commence legal action.
12. General
12.1. The failure of either one of us to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of these Terms and Conditions and any such failure shall not constitute a waiver, diminution or limitation of any right.
12.2. In the event any provision 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.
12.3. Every effort will be made to deliver the Online Course in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of the Online Course 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 Online Course shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Online Course, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
12.4. Where an Event arises, we shall provide you with a notice in writing sent to the email address which you provide to us, and which it shall be your duty to inform us should it change, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event.
12.5. Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate the Online Course 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 these Terms and Conditions occurring prior to termination. Any refunds will be considered at our discretion.
12.6. This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
12.7. You agree that no other representations have been made by us to induce you into purchasing the Online Course and no modification or variation to these Terms and Conditions shall be effective unless in writing and agreed by us both. signed by us both.
12.8. Save as provided for in clause 11.13 the Contracts (Rights of Third Parties) Act 1999 shall not apply.