TERMS & CONDITIONS
Please read these Terms and Conditions carefully before placing your order.
By placing your order for any Programme on this website, you agree 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 to order and purchase the Programme.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it;
if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
If you don’t understand any of this contract and want to talk to us about it, please contact us by emailing email@example.com
1.2 This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law
1.3 In this contract:
- ‘We’, ‘us’, or ‘our’ means Lorraine Davies
- ‘The Company’ means Flourish as operated by Lorraine Davies
- ‘You’ or ‘your’ means the person using our site to buy services from us.
2. Definition and Interpretation
2.1. For the purposes of this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
– Client means an individual who has purchased and/or is accessing the Programme or the Course.
– Client Content means any comments, information, content, photographs or graphics provided to us by a Client.
– Confidential Information Means any ideas, know-how, business practices, customer/client details, personal data, materials, therapeutic and coaching tools, content, data, software, documents, resources, video and audio recordings, presentations, downloads, podcasts, workbooks, methods, concepts and techniques, systems, plans, trade secrets, and other confidential and/or proprietary information.
– Content means any materials, information, tools, videos, resources, data and other content.
– Programme means any online programme purchased via the website.
– Programme Fee means the total cost of the Programme purchased.
– Programme Services means the services which a Client purchasing the Programme will have access to.
– Private Groups means any private online area, membership area or private group including our private Facebook group.
– Intellectual Property means any copyright, database right, design right, patent, registered design, service mark, trademark and any application for any of the above whether current or pending and whether in the UK or any other part of the world.
– Personal Data means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679.
– Services means the Programme or Course as purchased by the Client.
– Sessions means any interactive group session provided as part of the Services.
– The website means www.youdeservetoflourish.com and …
3. What you agree when you purchase the Programme
3.1 When you purchase the Programme, you’re confirming that you’re over 18, that you’re legally capable of entering into a legally binding contract, and that all information you provide to us is true and accurate.
3.2 You agree to keep your access to the Programme private, and not to share, disclose, assign, sell or license any part.
3.3 During your access to the Programme, you may choose to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we’ll not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Programme.
3.4 You acknowledge that the Online Course is designed to provide you with information, materials and support to assist you in developing yourself and your business, and it is not a substitute for counselling or other therapy services. If you’re currently seeking medical or other professional help concerning your mental health, or if you’re in any way unsure as to your mental capacity to use the Programme, then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant.
4 The Programme
4.1 The Programme is a business-related course and is designed to be used for business purposes.
4.2 We’ll deliver the Programme with reasonable care and skill and use our reasonable endeavours to deliver within the timescale as set out on the sales page for your chosen programme.
4.3 Any information, support and guidance provided 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.
4.4 Whilst we’ll make every effort to deliver the Programme in accordance with the details on the sales page, we reserve the right to amend, revise, make changes, 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’ll ensure that the Programme 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 Programme which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Programme.
4.5 The Programme is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to the Programme or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Programme or our systems or processes which is caused due to routine or unexpected maintenance.
5 Access to private areas, groups and sessions
5.1 Where the Programme includes access to a private area and/or you are required to set up an account it shall be your responsibility to:
5.1.1 provide the correct information to set up your access to the private area or create your account; and
5.1.2 keep your password or any other access information private, safe and secure;and
5.1.3 to notify us should you become aware of, or suspect that a third party is aware of your password or access details.
5.2 Where the Programme 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 in the private Facebook group or via 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.
5.3 We respect your privacy and confidentiality, and we ask that you respect the privacy of other individuals accessing the Programme (“Clients”). Where we provide access to Sessions, a private facebook group or other private group or area, you agree:
5.3.1 to act in a reasonable and responsible manner at all times when accessing the private groups or areas or during any Sessions and not to act in a manner which may cause offence, distress or alarm to any Clients or any other individual accessing the Programme;
5.3.2 not to record any Sessions for your personal use or otherwise;
5.3.3 not to share information, whether expressed to be confidential or not, that is shared by another Client;
5.3.4 not to capture or share images of any other Client or that include any other Client without that Client’s express permission;
5.3.5 not to canvass, promote or advertise your products or services to any of our employees, contractors or Clients, or use your participation in the Programme or access to the Programme to canvass, promote or advertise your products or services without our express consent;
5.3.6 not to use any private group or area for any unlawful purpose; and
5.3.7 that when accessing any private group or area that you will not upload, post, transmit or otherwise make available content that:
184.108.40.206 Infringes copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
220.127.116.11 is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not;
18.104.22.168 discloses personal and/or confidential or sensitive information about another person;
22.214.171.124 is threatening or causes a Client to feel harassed or in fear; and/or
126.96.36.199 is classed as spam.
5.4 If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our groups, on our Website, or during any Sessions you agree to notify us as soon as possible.
6 Your Purchase of the Programme
6.1 Your order and purchase of the Programme is a contractual offer that we may, at our sole discretion, accept.
6.2 . Our welcome email confirms acceptance of your order and our legally binding agreement.
6.3 If your order is not accepted, we will notify you by email and provide a full refund.
6.4 When we deliver the Services, we agree to do so with reasonable care and skill.
6.5 We reserve the right to make changes to the Services, in whole or part, as we reasonably require without notice to you. If we make changes, we will ensure that the Services still match the original description, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to any of the Services.
6.6 In the event we are unable to fulfil your order and deliver the Programme we shall notify you by email and provide you with a full refund of the Programme Fee paid.
7. Compliance with Ethical and Professional Standards.
7.1. As part of your access to the Services you will have the opportunity to learn, develop and experience powerful tools and techniques. When learning and using these tools you agree to use them responsibly and ethically.
7.2. Should we determine that, in our reasonable opinion, you have acted in a way which is in breach of any relevant ethical guidelines then we shall be entitled to revoke your certification and terminate your access to the Programme or the Course, without refund.
7.3. You shall be responsible for ensuring that you comply with all rules, regulations and codes of conduct that apply to your work as a coach or any services that you deliver or intend to deliver.
7.4. You shall be responsible for ensuring that you have in place adequate insurance to cover any and all services that you provide.
8. Fees and Charges
8.1. The cost of the Programme or the Course, which is payable by you and the applicable payment methods are as set out on the sales page for the Programme you are purchasing.
8.2. Time for payment shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment must be received by us before you are entitled to access the Services.
8.3. The Programme Fee are based upon our knowledge and experience and the time, effort and availability of the Services and are not based on your actual usage and/or level of attendance. You agree and acknowledge that:
8.3.1. you shall not be entitled to any form of credit to or deduction from the Course Fee or Programme Fee for any non-attendance or lack of usage of any part of the Services on your part; and
8.3.2.the Fee is payable in full and non-refundable.
8.4. If you choose to pay 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 the Programme, you agree to provide full payment within 7 days from access to the Programme being provided.
8.5. If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan provided to you at the time of your purchase. You accept that you will remain responsible for providing the instalment payments until the Fee has been paid in full.
8.6. We reserve the right to change the Programme Fee at any time. Any changes will not affect the price of your chosen Service where payment has already been made and a welcome email has already been sent.
8.7. The Programme Fee shall be paid by you in GBP (£ Sterling) using any major credit or debit cards and is inclusive of VAT and any other taxes which may apply.
9 Late Payment
9.1. You are responsible for ensuring that payment of the Programme Fee or any instalment of the Fees is paid in full and on time in accordance with the payment terms set out on the sales page and payment page at the time of your purchase.
9.2. Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 7 days overdue then:
9.2.1. we shall be entitled to withhold access to the Services, including all Sessions and Groups, until payment has been made in respect of the outstanding amount; and
9.2.2. interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. Interest will be calculated on the outstanding Fee at a rate of 8% over the Bank of England’s base rate from time to time; and
9.2.3. a fixed administration fee of £50 shall be added to your account.
9.3. In the event your account is beyond 14 days overdue then we shall be entitled to terminate your access to the programme and instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.
10 Refund Policy
10.1. No refund policy shall apply to your purchase of the Services. However, if within the first 14 days of purchasing you feel it’s not a right fit for you then you can cancel your order and receive a refund. After 14 days of purchase, no refunds will be made available.
10.2. 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 the Services then you agree to notify us in accordance with this Agreement. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
11. Cancellation and Termination
11.1.You may end this Agreement by providing us with 14 days’ notice by emailing firstname.lastname@example.org. Please remember that no refunds apply and you will be liable for full payment of the Programme Fee as applicable, despite any notice of cancellation.
11.2. We shall be entitled to limit your access to the Services or suspend, and/or terminate this Agreement with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that:
11.2.1. you have committed a material breach of any of your obligations under this Agreement; or
11.2.2. you have failed to provide payment of any sum due to us as and when it becomes due; or
11.2.3. you have become subject to a bankruptcy or similar financial order or proceedings; or
11.2.4. you enter into an insolvency arrangement or are otherwise unable to pay your debts; or
11.2.5. you cease trading or an administration or similar financial order is made;
11.2.6. you have acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation
11.2.7. you have failed to positively engage with the Services or impaired the delivery of the Services to you or a Client or
11.2.8. you have acted in a way which is abusive or is intended to cause offence to us or a Client becoming disengaged, disruptive or if you impair the provision of the Programme or the enjoyment of the Programme by any of our Clients. For the purposes of this Agreement 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 Programme, 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 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.
11.2.9. you have failed to abide by any term of this Agreement or any other guidance we may provide whether such action constitutes a material breach or not.
11.3. Upon termination of this Agreement for any reason:
11.3.1. your access to all Programme Services (as applicable), any private social media accounts, any Content, any Private Groups and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access; and
11.3.2. any Fee or other monies owed by you to us will become immediately due and payable; and
11.3.3. any terms of this Agreement which either expressly or by their nature relate to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect; and
11.3.4. you shall cease to use, either directly or indirectly any Content, our Method or any Confidential Information belonging to us, or provided by us to you and shall immediately return to us or destroy any copies in your possession or control.
11.4. In the absence of any earlier termination in accordance with this Clause, this Agreement will terminate.
11.5. Upon termination of this arrangement for any reason:
11.5.1. all clauses which either expressly or by their nature relate to the period after the delivery of the Programme or expiry or termination of the same shall remain in full force and effect; and
11.5.2 you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise.; and
11.5.3 you shall cease to use, either directly or indirectly any Content or Confidential Information received as part of the Programme, and shall immediately return to us or destroy any documents, materials or resources in your possession or control which contain a record of any Content or Confidential information.
12.1.The protection of confidentiality is very important to us. If you disclose Confidential Information to us in connection with your use of the Programme, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
12.2.Where we disclose Confidential Information to you, or where it is disclosed by another individual accessing our Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not share it or use it in any way other than in discussions as part of your use of the Services;
12.3.In these Terms, Confidential Information means ideas, know-how, business practices, customer/client details, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms and Conditions.
13 Intellectual Property
13.1. As part of the Services we may provide you with access to Content. Where you purchase the Programme ONLY then along with access to Content we may also provide you with access to our unique Business and Coaching Frameworks, methods and tools.
We take the protection of our Intellectual Property Rights in relation to our Content, Method and Services very seriously. You agree and accept that all Content and our Method remains our confidential and proprietary intellectual property and belongs solely and exclusively to us.
13.2. Our Content and Method can only be used by you in connection with your use of the Programme or Course, as applicable, and should not be copied, modified, reproduced, shared, published, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within this Agreement constitutes a transfer of any intellectual property or grant of a licence or any right to use unless expressly set out in this Agreement or we have provided our prior written consent.
13.3. As part of your purchase of the Services we will grant to you a personal, limited, nontransferable, non-exclusive, revocable licence to access, view and use our Content and our Method (for Programme purchases only) on the following terms only:
13.3.1. as part of any one-to-one private work that you undertake subject to you having in place strict terms and conditions to protect the use of our Content and Method from any infringement by your clients or other third parties.
13.3.2. as part of any private group work you undertake subject to you ensuring that you clearly reference us as authors and creators of the Content and/or our Method and on the basis you have in place strict terms and conditions to protect the use of our Content and our Method from any infringement by your clients or other third parties;
13.3.3. for your private and personal use;
13.3.4. as part of your use of the Services for the purposes as intended by this Agreement. Your licence becomes valid upon full payment of all relevant Fees, payments and any other monies owing to us and we have the right to withdraw it at any time, without notice where we reasonably believe you are in breach of the terms of the licence.
13.4.You shall not use our Content, our Method (where applicable), or any of our Confidential Information or Intellectual Property for any other purposes including but not limited to:
13.4.1. Teaching or presenting the Method to your clients or other third parties; or
13.4.2. as part of your own business or training courses or to create a system, method or training course; or
13.4.3. in any lectures, seminars, workshops, webinars, presentations or similar; or
13.4.4. as if the Method or Content was created or produced by you; or
13.4.5. for any other purpose without our express consent in writing;
13.5. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
13.6. When you purchase the Services you agree and undertake that from the date of this Agreement that you SHALLNOT:
13.6.1. copy, reproduce, sell, license, share or distribute any of our Content or our Method, whether during the period of your access to the Services, or at any time thereafter.
13.6.2.record any webinars, online or in-person events, videos, Sessions or any Content or information relating to the Method;
13.6.3. infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights or any such rights belonging to a Client.
13.7. In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to the Content, Method and Services) then:
13.7.1. you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;
13.7.2. you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our Intellectual Property and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and
13.7.3. you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause
13.8. The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.
14 Your Personal Data and how we use it
14.1 Personal data in these Terms means any information which is capable of capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
14.2 Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Services, and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found www.youdeservetoflourish.com
14.3 As part of the delivery of the Services your image may be recorded in photographs, images or screenshots by us or other individuals accessing the Services and shared on social media. By purchasing our Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at email@example.com
14.4 The obligations set out above and in clauses 10 and 11, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not connected to this Agreement), to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.
15 Reviews and Testimonials
15.1. If you choose to share Client Content with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
15.2. When sharing Client Content, you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
15.3. If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
15.4. These provisions shall survive termination.
15.5 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.
15.6 When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
15.7 These provisions shall survive termination.
16 Complaints or concerns
16.1. We want you to be entirely happy with the Services. In the event you have any concerns, you agree to let us know by email to firstname.lastname@example.org 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 Agreement, further action includes stopping payment or making any chargeback or similar claim.
16.2 If you experience a fault or other issue with the Programme please let us know immediately by email to email@example.com
16.3 In the event you have any concerns as to any aspect of the Programme then you agree to notify us of such concerns by email to firstname.lastname@example.org as soon as possible. We agree that upon receipt of such notification by email, we shall use reasonable efforts to work with you to resolve your concerns.
17 Non Solicitation and non-competition
17.1. For the duration of your access to the Services and for a period of 12 months afterwards you agree NOT to:
17.1.1. canvass, promote or advertise your products or services to any of our Clients, employees, contractors, or any individual who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Services to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;
17.1.2. solicit or attempt to solicit any of our Clients or Prospective Clients without our express consent, such consent not to be unreasonably withheld;
17.1.3. employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.
17.2.You acknowledge and agree that nothing in this Agreement shall prohibit you from providing coaching services to third parties or otherwise engaging in your normal business activities, but you agree that you will not, for a period of 24 months starting from the date of this Agreement, without our written consent, be in any way directly or indirectly engaged or concerned in any business or undertaking where it is or is likely to be in conflict with our business interests or the Services we provide.
17.3. For the purposes of this Clause 19, a conflict of interest is deemed to include, without limitation, the creation of or development of a business providing the same or similar Services, or being engaged in any way with a business delivering services which are the same as or similar to the services that we provide.
18.1. Your purchase of the Services and your compliance with the terms of this Agreement does not constitute or imply any business relationship other than as set out within these Terms and Conditions.
18.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
18.2.1. any indirect, consequential or special damages, losses or costs; or
18.2.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses; or
18.2.3. any failure to deliver the Services where we are prevented due to a reason beyond our reasonable control; or
18.2.4. any losses arising from your choice of Service requested or your use of the Programme or Course once delivered.
18.3. Should you incur damages due to our default or breach, our entire liability is limited to the amount of the relevant 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.
18.4. Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
18.5. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
18.5.1. any of the terms of this Agreement;
18.5.2. your use or participation in any way in any way with the Services.
18.6. 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.
18.7. In the event a dispute arises in connection with the provision of the Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.
18.8 You accept that purchasing the Programme does not establish any form of legal business relationship and that we are only liable to you in respect of the services provided and to the extent as set out within these Terms and Conditions.
18.9 We have made every effort to accurately represent the Programme. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to any results that can be achieved through use of the Programme.
18.10 We do not warrant or guarantee that your access to the Programme will be:
18.10.1 accessible via your particular hardware or software;
18.10.2 free from interruptions or errors;
18.10.3 free from defects;
18.10.4 suitable for your particular business situation or circumstances.
In the event you incur damages as a result of our default or breach of this Agreement, our entire liability under this Agreement is limited to the amount of the Programme Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 15.6 is fair and reasonable given the nature of this Agreement and the provision of the Programme.
18.11 Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
18.12 During the term of this Agreement 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.
18.13 In the event a dispute arises in connection with this Agreement and the provision of the Programme which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either Party shall be at liberty to commence legal action.
19 No Guarantee
19.1 When purchasing the Programme you’ll have access to Content designed to benefit you but it’s 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’ve made every effort to accurately represent the Programme. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to your use of the Programme.
20 Contact between us
20.1. Where reference in this Agreement is made to the provision of a notice then any such notice shall be validly served if sent by email to the address of the other party as set out in this Agreement and shall be deemed served upon receipt of a valid delivery notification, if prior to 5pm UK time, or at 9am the following business day.
20.2. All notices should be sent to us at email@example.com
20.3. It shall be your responsibility to notify us if your email address changes.
20.4 The Programme is provided by Flourish. Our business address is 3 Stirling Avenue, Waterlooville, Hants. PO7 7NH, Our contact email address is firstname.lastname@example.org
20.5 You accept and agree that all communication between us will be via electronic means. We’ll contact you using the email address 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’ll do this via email, private Facebook group or by posting information on our Website. You can contact us using the details set out above.
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 The failure of either Party 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 this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
21.4 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.
21.5 Every effort will be made to deliver the Programme in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of the Programme should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Programme shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Programme, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
21.6 Where an Event arises, we’ll provide you with a notice in writing setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event. Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of either of us in respect of any breach of these Terms and Conditions occurring prior to termination. Any refunds will be considered at our discretion.
21.7 This Agreement shall be governed by the exclusive jurisdiction of Courts of England and Wales and the laws from time to time in force.
21.8 You agree that no other representations have been made by us to induce you into purchasing the Programme and no modification or variation to these Terms and Conditions shall be effective unless in writing and signed by us both.
21.9 Save as provided for above, the Contracts (Rights of Third Parties) Act 1999 shall not apply.
21.10 You confirm on payment and agreeing to these terms that you have a full understanding and agreement with the information outlines above. This Agreement will begin on the date of purchase and will continue until the last session is delivered after 12 months.