Online Course Terms and Conditions

1. Introduction

1.1 These terms and conditions (“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 to order and purchase our Online Course.

2 The Online Course

2.1 The Online Course is a business-related course and is designed to be used for business purposes. Access is online only and no alternative will be provided. If you are an individual purchasing this Online Course for personal use then please contact us as separate Terms and Conditions will apply.

2.2 We will deliver the Online Course with reasonable care and skill and use our reasonable endeavours to deliver within the timescale as set out in Schedule 1, however, time shall not be of the essence for delivery.

2.3 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.

2.4 The Online Courses 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.

3 What you agree when you purchase the Online Course

3.1 When you purchase the Online Course, you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.

3.2 You agree to keep your access to the Online Course private, and not to share, disclose, assign, sell or licence any part and not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.

3.3 During your access to the Online Course, you may choose to review and make decisions concerning your business and career. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Online Course

4 Access to private areas, groups and sessions

4.1 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:

4.1.1 provide the correct information to set up your access to the private area or create your account; and
4.1.2 keep your password or any other access information private, safe and secure; and
4.1.3 to notify us should you become aware of or suspect that a third party is aware of your password or access details.


4.2 Where the Online Course 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 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. If we are required to reschedule a Session we will make all reasonable attempts to provide as much notice as possible and to rearrange the Session to a mutually convenient time having regard to the availability of all individuals attending the Online Course.

4.3 We want to ensure that everyone accessing the Online Course feels safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when accessing any Sessions or our private facebook groups or areas and not to act in a manner which may cause offence, distress or alarm to any other individual accessing the Online Course (“Clients”).

4.4 When you access any Sessions, private facebook groups or other private groups or areas, you agree:

4.4.1 not to use them for any unlawful purpose;

4.4.2 not to record any Sessions or capture or share images of any other Client or that include any other Client without that Client’s express permission

4.4.3 not to share information, whether expressed to be confidential or not, that is shared by another Client;

4.4.4 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;

4.4.5 that you will not upload, post, transmit or otherwise make available content that:

4.4.5.1 Infringes copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;

4.4.5.2 is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not;

4.4.5.3 discloses personal and/or confidential or sensitive information about another person;

4.4.5.4 is threatening or causes a Client to feel harassed or in fear; and/or

4.4.5.5 is classed as spam.


4.5 If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our groups or during any Sessions you agree to notify us as soon as possible.

5 Your Purchase of 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.

5.2 Our acceptance is indicated when we send your Welcome email (“Welcome Email”) and a legally binding agreement between us will be formed once we send the Welcome Email.

5.3 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.

5.4 We reserve the right to amend, revise, make changes, or cancel, amend, change or reschedule any part of the Online Course as is reasonably required by us without any notice to you. Where changes or amendments are made, we will 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 changes which enhance the original description. We shall not be liable for any changes or cancellations that are made to the Online Course.

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 £ using the payment methods set out in Schedule 1 and is inclusive of VAT and any other taxes which may apply.

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 for payment of the Course Fee, any deposit and any instalment (if applicable) 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 the Online Course.

6.5 Where you wish to make payment of the Course Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Course 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.

6.6 If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan chosen by you at the time of your purchase of the Online Course. Each instalment received by us shall be credited to the outstanding amount of the Course Fee owed by you until we have received payment of the Course Fee in full.

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

6.7.1 you shall not be entitled to any form of credit to or deduction from the Course Fee for any non-attendance or lack of usage of the Online Course on your part: and

6.7.2 the Course Fee is payable in full and non-refundable.

6.8 We reserve the right to vary the amount of the Course Fee at any time. The Course Fee that is shown on our Website or other Social Media Platforms at the time your purchase is made 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, any deposit 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 apply a fixed sum charge in the sum of £50 to your account;

7.2.3 to apply interest 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.

7.3 In the event your account is beyond 30 days overdue we shall be entitled to terminate your access to the Online Course and any groups, private areas, or similar resources which have been provided as part of the Online Course and to instruct a collection agent or lawyer to seek recovery of the Course Fee along with any late payment fee and any accrued costs incurred in taking such action.

8 Refund Policy

8.1 No refund policy shall apply to your purchase of the Online Course.

8.2 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 these Terms and Conditions. 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 Conditions and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of £150 per hour.

9 Complaints or concerns

9.1 If you experience a fault or other issue with the Online Course please let us know immediately by email to info@thelondonbeautystylist.com

9.2 In the event 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@thelondonbeautystylist.com 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.

10 Cancellation and Termination

10.1 You shall have the right to cancel your access to the Online Course by providing us with notice by email to info@thelondonbeautystylist.com. In accordance with our refund policy despite cancellation, no refunds will apply.

10.2 Upon cancellation or termination pursuant to these Terms and Conditions, all payments in respect of the Course Fee shall become immediately due and payable.

10.3 We reserve our right to limit your access to the Online Course or terminate your access to the Online Course and any associated Sessions, groups or resources, with immediate effect, and without refund, if we reasonably determine that:

10.3.1 you have committed a material breach of your obligations under these Terms and Conditions; or

10.3.2 you have failed to provide payment of any amount due in respect of the Course Fee as and when it becomes due; or

10.3.3 you have become subject to a bankruptcy or similar financial order or proceedings; or

10.3.4 your business has entered into an insolvency or similar financial arrangement; or

10.3.5 you have ceased trading or an administration or similar financial order is made; or

10.3.6 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; or

10.3.7 you have failed to positively engage with the Online Course or impaired the delivery of the Online Course to you or a Client; or

10.3.8 you have acted in a way which is abusive or is intended to cause offence to us or a Client; and/or

10.3.9 you have failed to abide by any term of these Terms and Conditons or any other guidance we may provide whether such action constitutes a material breach or not.

10.4 Upon termination of this arrangement for any reason:

10.4.1 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

10.4.2 you will no longer have any access to any private groups, Sessions or Content (as defined below), unless we have expressly agreed in writing otherwise.; and

10.4.3 you shall cease to use, either directly or indirectly any Content or 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 Content or Confidential information (as defined below).

11 Confidentiality

11.1 In these Terms and Conditions, 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.

11.2 The protection of confidentiality is very important to us. If you disclose Confidential Information to us in connection with your use of the Online Course, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.

11.3 Where we disclose Confidential Information to you, or where it is disclosed by another Client, 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;

11.4 The provisions above shall continue in force notwithstanding termination for any reason.

12 Intellectual Property

12.1 For the purposes of these Terms and Conditions, Intellectual Property shall mean 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.

12.2 As part of the Online Course we may provide you with access to materials, information, tools, videos, workbooks, resources, data and/or other content (“Content”). You agree and accept that all Content remains our confidential and proprietary intellectual Property and belongs solely and exclusively to us.You agree to only use the Content in connection with your use of the Online Course and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.

12.3 Our Content can only be used by you in connection with your use of the Online Course 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 these Terms and Conditions constitutes a transfer of any intellectual property or grant of a licence or any right to use unless expressly set out in these Terms and Conditions or where we have provided our prior written consent.

12.4 When you purchase the Online Course, we will 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 business purposes and for the purposes intended by these Terms and Conditions.

12.5 Your Licence becomes valid upon payment of the Course Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or these Terms and Conditions. Your Licence will terminate automatically when your access to the Online Course terminates, unless we agree otherwise.

12.6 When you purchase the Online Course you agree and undertake that from the date of purchase that you WILL NOT:

12.6.1 copy, reproduce, sell, licence, share or distribute any of our Content, whether during the period of provision of the Services, or at any time thereafter;
12.6.2 record any webinars, online or in-person events, videos, Sessions or any Content;
12.6.3 infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights or any such rights belonging to another individual accessing the Services.

12.7 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. 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.

12.8 In the event of your breach of your obligations relating to our Intellectual Property then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.

12.9 The provisions above shall continue in force notwithstanding termination for any reason.

13 Your Personal Data and how we use it

13.1 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”).

13.2 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 at www.businessofabeautystylist.com

13.3 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 www.businessofabeautystylist.com

13.4 The obligations set out above and in clauses 11 and 12, 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.

13.5 The provisions above shall continue in force notwithstanding termination for any reason.

14 Reviews and Testimonials

14.1 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.

14.2 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.

14.3 These provisions shall survive termination.

15 Non Solicitation and non competition

15.1 You agree that during your access to the Online Course, and for a period of 12 months afterwards, that you shall not solicit any of our Clients or prospective clients without our express consent, such consent not to be unreasonably withheld.
15.2 You agree that for the duration of your access to the Online Course, and for a period of 12 months afterwards, that you will not 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 period of your access to the Online Course, without our express consent in writing, such consent not to be unreasonably withheld.

16 Liability

16.1 You accept that purchasing the Online Course 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.

16.2 We do not warrant or guarantee that your access to the Online Course will be:

16.2.1 accessible via your particular hardware or software;
16.2.2 free from interruptions or errors;
16.2.3 free from defects;
16.2.4 suitable for your particular business situation or circumstances.

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

16.3.1 any indirect, consequential or special damages, losses or costs;
16.3.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
16.3.3 any failure to deliver the Online Course where we are prevented due to a reason beyond our reasonable control; or
16.3.4 any losses arising from your choice of the Online Course or your use of the Online Course once delivered.

16.4 We shall not be liable to you 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.

16.5 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 Course Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 16.5 is fair and reasonable given the nature of this Agreement and the provision of the Online Course.

16.6 Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

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

16.7.1 any of these Terms and Conditions; and/or
16.7.2 your use of or participation in any way in the Online Course.

16.8 During the term of your access to 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.

16.9 In the event a dispute arises in connection with these terms and Conditions and 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 30 days following mediation then either Party shall be at liberty to commence legal action.

17 No Guarantee

17.1 When purchasing the Online Course 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.

17.2 We’ve 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. 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 Online Course.

Contact between us

17.3 The Online Course is provided by Manisha Coaching Ltd and we are registered in England and Wales under company number 13030803. Our business address is Flat 11 Sloane Court, 28 The Grove, London, TW7 4JU. Our contact email address is info@thelondonbeautystylist.com

17.4 You accept and agree that all communication between us will be via electronic means. We will 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 will do this via email or by posting information on our Website. You can contact us using the details set out above. We will use our reasonable efforts to respond to all comments, messages and any other contacts within 48 hours of receipt.

18 General

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

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

18.3 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, lock down, 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.

18.4 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.

18.5 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 and Conditions occurring prior to termination. Any refunds will be considered at our discretion.

18.6 These Terms and Conditions shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.

18.7 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 signed by us both.

18.8 Save as provided for above, the Contracts (Rights of Third Parties) Act 1999 shall not apply.

 


Schedule 1 : IGNITE

1. Introduction

These supplemental terms and conditions apply in addition to the terms and conditions set out above.

2. Course details

2.1. The IGNITE YOUR INSTAGRAM COURSE is an online Instagram related business course.

2.2. Subject to the payment terms being met, the Ignite your Instagram shall be delivered as follows:

[ Below enter details of what is included as part of the Online Course.


2.2.1. 8 Weekly video trainings lasting for a minimum of [60] minutes each, delivered by online video conferencing (this option refers to option 1 or 2)
2.2.2. 8 weekly replay video trainings delivered electronically (option 3)

2.2.3. 8 X Q&A Live sessions

2.2.4. 12 months access to materials (replay)

2.2.5. 12 months complimentary access to the Ignite Membership (separate Membership Terms and Conditions apply).


3. Online Course Fee

3.1. The fee for the Ignite your Instagram course is £597, £497 or £397 depending on which you purchase. (“the Course Fee”).

3.2. Payment shall be made by Paypal or Stripe

3.3. Cleared payment of the Course Fee must be received before access is provided to the Online Course.

3.4. The Course Fee is payable in instalments. Once the first instalment has been received by us in cleared funds you will receive access to the Online Course.
3.5. Payment of the Instalments is as follows:
1. OPTION 1

1.1.1. Initial Payment of £227 on date of purchase

1.1.2. Second Payment of £227 one month after initial payment

1.1.3. Final Payment of £227 on or before one month after second payment

2. OPTION 2

2.1.1. Initial Payment of £197 on date of purchase

2.1.2. Second Payment of £197 one month after initial payment

2.1.3. Final Payment of £197 on or before one month after second payment

4. OPTION 3

4.1.1. Initial Payment of £115 on date of purchase

4.1.2. Second Payment of £115 one month after initial payment

4.1.3. Final Payment of £115 on or before one month after second payment



2.2. Where you agree to provide payment of the Course Fee by instalments, you authorise us to request payment of the relevant Fee from your chosen payment method on the date set out in above.

3. Course Duration

3.1. You will have access to the Online Course for 12 months from the date of purchase.