Terms and Conditions

1. Agreement

1.1 By accessing and using the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, including but not limited to https://selfpublishingmadesimple.thinkific.com/, https://thepamecode.com/ (and their associated Facebook Groups) you expressly agree to be bound by these Terms of Use, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page, any other social media page/group associated with our brand or Site &/or App relating to your use of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page, any other social media page/group associated with our brand or Site &/or App (“Terms of Use”).

1.2 We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App.

1.3 You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page, any other social media page/group associated with our brand or Site &/or App after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes.

1.4 If you object to any changes to the Terms of Use, or otherwise become dissatisfied with being a Member or Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, your only remedy is to immediately:discontinue your use of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App; and/or terminate your member or student profile within the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App in accordance with the Terms of Use.

2. Member and Student Profile, Courses and Subscription Packages

2.1 You will be considered a Student for the purpose of these Terms once you have paid the upfront payment, or commenced paying the payment plan and/or any subscription fees to access our program(s).

2.2 By accessing the content of the course platform(s), you are deemed to have accepted the responsibility of your entire course tuition.

2.3 You must be at least 18 years old to become a Member or Student, from which you will have access to specific Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App as detailed in the Client Service and Financial Agreement.

2.4 You must not attempt to become a Member / Student or review and accept the Client Service and Financial Agreement if you are under 18 years old.When registering as a Member / Student, setting up your Member / Student profile and engaging in the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Site &/or App and the relevant page of the social media platform you’re using in association with our brand.

2.5 As a Member / Student of the Site &/or App, you are permitted to create one profile for yourself on that Site &/or App. You must not create multiple Member / Student profiles on the one Site &/or App.

3. Payment and Charges

3.1 The purchase price for your chosen Service or Product is as set out on the relevant sales page at the time of your purchase (“the Fee”).

3.2 Time for payment 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 we must receive cleared payment before you are entitled to access any Service or Product.

3.3 If you choose to pay the Fee by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to a Service or Product, you agree to provide full payment of the Fee within 7 days from access being provided.

3.4 The Fee is based upon our knowledge and experience and the time, effort and availability of the Service and is not based on your actual usage and/or level of attendance. You agree and acknowledge:

3.4.1. That 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 Services on your part; and

3.4.2. That the Fee is non-refundable

3.5 We reserve the right to change our Fee at any time. Any changes will not affect the price of Services or Products where payment has already been made and a confirmation email sent.

3.6 If you purchase Services on a monthly subscription basis then you will be liable to make payment every month until you cancel your subscription in accordance with these Terms. You authorise us to request payment of the monthly amount from your chosen payment method on a rolling monthly basis.

4. Late Payment

4.1 out prejudice to any other right or remedy that we may be entitled to, where payment of the Fee is beyond 7 days overdue then:

4.1.1  we will be entitled to withhold delivery of Services until payment is up to date; and

4.1.2  we will add interest to your account on a daily basis from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 5% over the Bank of England’s base rate from time to time;

4.1.3  any discount or other agreed promotional price change to the Fee will cease to apply and you will be responsible for payment of the full Fee amount.

4.2 If your payment is beyond 30 days overdue, we shall be entitled to instruct a collection or legal agent to seek recovery of the outstanding amount along with our reasonable costs incurred in taking such action.

5. Refund Policy

5.1 No refund policy shall apply to your purchase of any of our Services or Products, including any deposit payment.

5.2 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 a Service or Product then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms 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 our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.

6. Termination and extension

6.1 When you purchase a course from us, you are liable to pay for the entire course, whether you pay that as an upfront payment or you opt for the payment plan. You may discontinue learning during the course however you will not be entitled to any refund of course fees.

6.2 Should you discontinue learning during the term of a course, you will be provided with access to the material for the remainder of the course once you have paid for the entire program. Discontinuing your learning does not terminate your liability to pay the entire course.

6.3 You may request to extend your course learning term for up to two months for any reason by giving us notice of the requested extension at least 10 business days prior to the commencement of the extension. During this period of extension, you will continue to pay the course repayments, if you have not paid for the course upfront, and any extended period of time will be added to the end of your course to ensure you gain the full term of the course.

6.4 Extending your learning does not terminate your liability to pay the entire course.

6.5 You may terminate your Student profile and access to the Site &/or App for any reason only by providing written notice to us. The date upon which we receiving your notice will be the “Date of Termination”. You can provide notice of termination by: mailing it to our postal address listed on the Contact Us page and in the Privacy Policy; or emailing us via the Contact Us page.

6.6 Termination of your Student profile will not entitle you to reimbursement of subscription fees paid in advance and will not terminate your liability to pay the entire course.

6. 7 Upon expiration or termination of any program or subscription you have invested in, you will continue to have access to the content relevant to the program or subscription and this material will be stored securely in your Member or Student Profile for one year, however you will no longer have access to the Facebook Group(s), online coaching/live mentoring and communities. If you would like to extend your access to the Facebook Group(s), online coaching/live mentoring and communities, simply get in touch with us and we can arrange this for a nominal fee. 

6.8 We reserve the right to, without limitation, do any or all of the following in relation to your Member or Student Profile: suspend your Member or Student Profile; permanently or temporarily hide all or part of your Member or Student profile; modify your Member or Student profile; terminate your Member or Student Profile for any reason by providing notice to you by email; terminate your Member or Student Profile immediately without notice to you if you have committed a breach of the Terms of Use;deactivate your Member or Student Profile if you have not used the Site &/or App for a period of 12 months or more (from the date of last use); and/orpermanently or temporarily block your access to all or part of the Facebook Page(s) / Group(s), any other social media page associated with our brand or Site &/or App.

6.7 We reserve our rights to terminate any agreement between us and your access to any Service, with immediate effect, if you:

6.7.1. commit a material breach of your obligations under these Terms; or

6.7.2. fail to provide payment of any sum due to us as and when it becomes due; or

6.7.3. become subject to a bankruptcy or similar financial order or proceedings affecting your or, where applicable, your business or;

6.7.4. act or behave in a way which we reasonably consider may have a detrimental effect on our business or reputation; or

6.7.5. fail to positively engage with the Services or impair the delivery of the Services to you or another individual accessing the Services; or

6.7.6. fail to abide by any of these Terms or any other guidance we may provide whether such action constitutes a material breach or not

6.8 Upon termination for any reason:

6.8.1. all terms which either expressly or by their nature relate to the period after the Services have been delivered or terminated shall remain in full force and effect; and

6.8.2. you will no longer be entitled to access or use any Groups, Sessions, or Content (as defined below), unless we have expressly agreed in writing otherwise; and

6.8.3. you shall cease to use, either directly or indirectly any Content and/or Confidential Information belonging to us and shall immediately destroy or return to us any copies in your possession.

7. Service and features

7.1 You may become a member of the https://selfpublishingmadesimple.thinkific.com/ Site at no cost however you must pay for any programs, courses or subscriptions. As a member or student, you will also have the ability to access features and services available on the private Facebook group(s), any other social media page associated with our brand or Site &/or App (such as communicating with other Members and Students in the Facebook group(s), subscription services or any chargeable service or feature that becomes available from time to time).

7.2 We will charge you tuition and/or subscription fees and we reserve the right to change these fees from time to time without notification to you. Such changes in fees will be applicable upon expiry of the current course or subscription term, upon entering into a further course or subscription term.

7.3 We will provide you with a quote for any products you request and this quote will include our service fees. The quote will remain valid for a period of 10 days from the date the quote is issued to you.

7.4 To the extent permitted by law, we do not warrant that the products, services or courses will be fit for purpose or of a particular merchantable quality. In the event that we make available to you a product, service or course from a third-party supplier via our Site &/or App, we do not facilitate refunds from the third-party supplier for change of mind so please choose carefully.

7.5 Further details and any additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App. Any such additional terms and conditions form part of the Terms of Use.

7.6 Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App or terminate your Member or Student Profile in accordance with the Terms of Use.

7.7 In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.While we use reasonable endeavors to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free.

7.8 Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.We reserve the right to change or discontinue any service or feature of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App in whole or in part any time.

7.9 You understand that where we are able to supply third party products/services to you, we are not a supplier but are an intermediary buying agent for you. As such, you agree to hold us harmless and indemnify us against any costs, claims, liability, legal action and any issues caused (including any consequential loss) as a direct or indirect result of your purchasing products/services from third parties suggested to you through our service. Although we will provide you with reasonable customer assistance where a third-party dispute arises, we are in no way liable for the actions and/or any loss caused by a third party, and by using our service, to the full extent permitted by the law, you agree that you will not join us in any claim or seek compensation from us at any point of time. 

8. Secure access

8.1 You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password.

8.2 You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

8.3 We may at any time request a form of identification to verify your identity and/or your compliance with the Terms of Use.

9. Content

9.1 Any images, sounds, or text (Content) that you transmit or post on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmit to any other Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means, must be complete and accurate.

9.2 You agree not to post or transmit on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page, any other social media page/group associated with our brand or Site &/or App, or otherwise transmit to any other Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page, any other social media page/group associated with our brand or Site &/or App by any other means, Content that: is unlawful, obscene, defamatory, indecent, offensive or inappropriate; is false or misleading in any way; infringes the rights of any third party; you do not have a right to make available under any law or contractual obligation; is sexually explicit or contains sexual references / innuendo; pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs; contains restricted or password only access pages, or hidden content; orcontains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

9.3 Without limiting the above, you must not transmit or post on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmit to any other Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means, any images that contain: images of any person other than you (without their consent); material, cartoons, pictures or text that is offensive or potentially likely to offend, discriminate, defame or cause social concern; or

9.4 You are solely responsible for Content that you transmit or post on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmit to any Member or Student of our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means.

9.5 We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmitted to any Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means, by any person.

9.6 We reserve the right, but have no obligation, to review Content transmitted or posted on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or (where possible) otherwise transmitted to any Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means.

9.7 Without limiting your responsibilities under the Terms of Use, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person.

9.8 We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmitted to any other Student of the Site &/or App by any other means, by any person.

9.9 Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone’s reliance on Content posted or transmitted on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmitted to any other Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means.

10. Use of

10.1 The Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App and prohibited activities You agree not to use the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App (or contact any other Student of our Site &/or App) to: defame, abuse, harass, stalk, threaten or otherwise offend others; engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming; impersonate or create a profile for any person or entity; promote, or provide information about, illegal activities or conduct; promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual; exploit any person under the age of 18, or to solicit information from anyone under 18;   money, passwords or personal information from any person.

10.2 You also agree not to: use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App;”frame” or “mirror” any part of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App without our prior written authorization; use code or other devices containing any reference to the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App to direct other persons to any other web page;except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App or cause any other person to do so.The Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand associated with our brand or Site &/or App are for the personal use of individual Students only.

10.3 Businesses, groups, organizations and companies are prohibited from registering as Students.

10.4 The Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails.

10.5 Unauthorised framing / linking to the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App is prohibited.We have no obligation to monitor any Student’s use of our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

11. Safe interaction, complaints and disputes

11.1 Unfortunately, it is possible that other Members or Students of our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App may use our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App in violation of the Terms of Use. For example, it is possible that another Member or Student may post or transmit on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App Content that is obscene or offensive, or use the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App to harass you.

11.2 We urge you to be cautious when interacting with other Members or Students of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App.

11.3 You should carefully select the Content that you post or transmit on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmit to any other Member or Student by any other means.

11.4 You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your Member or Student profile. Any Content that you transmit or post on the Site &/or App, or otherwise transmit to any other Member or Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means, will be considered non-confidential.If you are experiencing problems with any other Member or Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App and would like to make a complaint, please send us an email via the Contact Us page.

11.5 We may record and store any information relating to any complaint made against you.

11.6 We reserve the right, but have no obligation, to monitor disputes between Members or Students and students of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App.You agree to hold us harmless in connection with any dispute or claim that you make against any other Members or Student of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App.

11.7 If you have any concerns about our Website or our Services or Products, you agree to let us know by email to [email protected] and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this clause further action includes stopping payment or making any chargeback or similar claim.

11.8 If you experience a fault or other issue with any of our Services or Products please let us know immediately by email to [email protected]. 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.

12. Intellectual property

12.1 We own and retain all proprietary rights in and relating to the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App.

12.2 Proprietary rights in and relating to the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App must not be used in any way without our prior written consent.

12.3 You warrant that any Content that you post or transmit on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmit to any other Member or Student of our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means, will not infringe the intellectual property rights of any third party.

12.4 Subject to our obligations under the Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.

12.5 No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmitted to any Member or Student of our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, other than their own Content, without the express written permission of the relevant owner.

12.6 If you believe that any Content has been posted or transmitted on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or otherwise transmitted to any Member or Student of our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App by any other means, in violation of your rights, please send us an email via the Contact Us page.

13. External activities

13.1 From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).

13.2 External Activities may be subject to separate terms and conditions.You acknowledge that you participate in any External Activities entirely at your own risk.

13.3 In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.

13.4 In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

14. Third party websites and advertising

14.1 From time to time, the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App and are not under our control.

14.2 We do not accept any responsibility for the contents of any such hyperlink or linked website.

14.3 If you link to any third-party websites you leave the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App entirely at your own risk.

14.4 From time to time, the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App may also feature or display third party advertising.

14.5 By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

15. Limitation of liability and indemnity

15.1 You acknowledge that you use the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App at your own risk.You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, or any other Member or Students’ or third party suppliers’ use of or conduct in connection with the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, in any circumstance.

15.2 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App, including any breach by you of the Terms of Use.

15.3 To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App.

15.4 In particular, we do not make any representations or warranties that the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App.

15.5 To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App purchased by you during the term of your Student Profile.

15.6 Under no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

16. Reviews and Testimonials

16.1. If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission 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, that Client Content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.

16.2. When sharing Client Content you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.

16.3. These provisions shall survive termination.

17. Liability

17.1. Your use of our Website and/or any purchase of our Services and Products and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.

17.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

17.2.1. any indirect, consequential or special damages, losses or costs;

17.2.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;

17.2.3. any failure to deliver the Services or Products where we are prevented due to a reason beyond our reasonable control; or

17.2.4. any losses arising from your choice of Service or Product requested or your use of the Service or Product once delivered.

17.2.5. Any losses or damages arising from your use of our Website or Groups or the use or reliance upon any Content or other information found on our Website or social media channels and Groups.

17.3. We do not warrant or guarantee that your access to the Services will be:

accessible via your particular hardware or software;

free from interruptions or errors;

free from defects;

suitable for your particular personal situation or circumstances.

17.4. Should you incur damages due to our default or breach, our entire liability is limited to the amount of the relevant purchase Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Services.

17.5. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or limit your legal rights as a consumer (where applicable).

17.6. We shall not be liable where we have informed you of a problem with the Service or Product and provided a free update 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.

17.7. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:

17.7.1. any of these Terms;

17.7.2. your use or participation in any way in any way with the Services or use of any Product.

17.8 During the term of your access to the Services, 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 our or their reputation or which would  reasonably be expected to lead to unwanted or unfavourable  publicity to us, our  agents, employees, contractors, or Clients.

19. No Guarantee

19.1. When purchasing the Services you will have access to Content and support designed to benefit you but it is your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.

19.2. We have made every effort to accurately represent the Services and Products. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results and we make no guarantee, representation or warranty with respect to the Services or Products we may provide.

19.3. All information provided on our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App is provided for general information purposes only. Nothing on our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure and check that any Content, Services or Products available on or through our Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App satisfy your specific expectations or requirements.

19.4. We make no warranty, guarantee or representation that the Course Platform(s), Video Conference/Webinar app(s), Facebook Group(s), Facebook Page(s), any other social media page/group associated with our brand or Site &/or App or any Content is:

19.4.1. accurate, up to date or free from any errors or inaccuracies;

19.4.2. accessible and/or compatible with your hardware and software;

19.4.3. not capable of infringing any third-party rights; or

19.4.4. suitable to meet your required expectations or needs

20. Updates or changes to our Services, Products or Terms and Conditions

20.1. We reserve to make changes to these Terms at any time and we will display a notice of any changes on our Website. It shall be your responsibility to check for any updates. 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 regularly to keep informed of any changes.

20.2. We reserve the right to make changes to our Services and our Products, in whole or part, as we reasonably require without notice to you. If we make changes after you have purchased a Service, we will ensure that the Service still matches the original description or we will offer a reasonable alternative, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Services.

21. General

21.1. No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.

21.2. Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

21.3. We will make every effort to meet our obligations in accordance with these Terms but we shall not be liable for any delay or failure caused by an 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 for delivery of the Services or any Product shall be extended until a reasonable time after the Event and under no circumstances will we be liable for any loss or damage suffered by you as a result.

21.4. If an Event arises, we will email you to confirm the nature and extent of the Event and any steps we are taking to mitigate its impact and effect.

21.5. If the Event continues for longer than 6 months then either one of us shall be entitled to terminate by providing 14 days’ notice. Termination in these circumstances shall be without prejudice to the rights of either party in respect of any breach of these Terms occurring prior to termination. Any refunds will be considered at our discretion.

21.6. 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.

21.7. You agree that no other representations have been made by us to induce you into purchasing any of our Services or Products and no modification or variation to these Terms as applicable to any agreement between us shall be effective unless agreed in writing.

Last updated 7th April 2021