This page (and the documents it refers to) tells you the terms of use on which you may use our website Dr. Karin, LLC (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.
www.doctorkarin.com is a site operated by Karin Luise (“we” or “us”). Our email address is karin@doctorkarin.com.
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.
You must comply with the provisions of our ACCEPTABLE USE POLICY when using our site.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to karin@doctorkarin.com.
When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.
Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offense and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
This does not affect any liability which cannot be excluded or limited under applicable law.
You understand that any membership purchased will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
Georgia law and courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Georgia judicial system
This policy (together with our terms of website use Terms of Use and any other documents referred to on it) sets out the basis on which we Dr. Karin, LLC, will process any personal data we collect from you, or which you provide to us, in the course of using our site www.doctorkarin.com (“site”). For the purpose of the Data Protection Act 1998 we are the data controller.
1.1 In this Privacy Policy, the following terms shall have the meanings set out below:
1.1.1 “Applicable Law” means any laws or regulations, regulatory policies, guidelines or industry codes (whether national or international) which apply to Company (or any of its Sub-Processors) and/or the provision of or the subject matter of the Services in each case as in force from time to time;
1.1.2 “Company” means Dr. Karin, LLC
1.1.3 “Customer Group Member” means a Customer or any entity that owns or controls, is owned or controlled by or is or under common control or ownership with Customer where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;
1.1.4 “Customer Personal Data” means any Personal Data Processed by Company on behalf of a Customer Group Member pursuant to or in connection with the Principal Agreement;
1.1.5 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.6 “EEA” means the European Economic Area;
1.1.7 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.8 “GDPR” means EU General Data Protection Regulation 2016/679;
1.1.9 “Personal Data” means any data that relates to an identified or identifiable natural person and where such data is protected under applicable Data Protection Laws;
1.1.10 “Principal Agreement” means the agreement or agreements between Company and the Customer Group Member for the Services Company is providing them.
1.1.11 “Service/s” means the services and other activities to be supplied to or carried out by or on behalf of Company for Customer Group Members pursuant to the Principal Agreement;
1.1.12 “Sub-processor/s” means any person (including any third party and any Company Affiliate) appointed by or on behalf of Company or any Company Affiliate and that Processes Customer Personal Data on behalf of any Customer Group Member; and
1.1.13 “Company Affiliate/s” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Company, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
1.2 The terms, “Commission“, “Controller“, “Processor“, “Data Subject/s“, “Member State“, “Personal Data Breach“, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
Company warrants and represents that, before any Company Affiliate Processes any Customer Personal Data on behalf of any Customer Group Member, Company entry into this Privacy Policy as agent for and on behalf of that Company Affiliate will have been duly and effectively authorized (or subsequently ratified) by that Company Affiliate. References to ‘Company’ shall be deemed to include a reference to each Company Affiliate as applicable.
3.1 Scope of this Privacy Policy and Role of Parties. This Privacy Policy applies to the Processing of Personal Data by Company in the course of providing the Services. For the Purposes of the Services and this Privacy Policy, Customer and each Customer Group Member are the Controller(s) and Company is the Processor and shall be Processing Personal Data on the Customer’s behalf, the Customer receiving the Services as principal and as agent of each Customer Group Member.
3.2 Instructions for Processing Personal Data. Company shall Process Personal Data as reasonably necessary for the provision of the Services arising from the Principal Agreement (inclusive of this Privacy Policy) and in accordance with Customer’s documented instructions which, unless expressly agreed otherwise, shall at all times be consistent and in accordance with the nature of the Principal Agreement. Company may terminate the Principal Agreement if Customer provides instructions to Process Personal Data which are inconsistent with the Principal Agreement, or which Company could not comply with without (i) incurring material additional costs or (ii) undertaking material variations to the manner in which the Services are provided which variations Company does not propose to introduce in respect of the majority of its other customers. Company may Process Personal Data otherwise than in accordance with Customer’s instructions if required to so by Applicable Law. In such case Company shall inform Customer of that legal requirement, unless prohibited from doing so by Applicable Law.
3.3 Compliance with Laws. Company, in Processing the Customer Personal Data in accordance with Clause 3.2 above, shall comply with all applicable Data Protection Laws. Company shall not be responsible for complying with Data Protection Laws applicable to Customer Group Member or its industry that are not otherwise consistent with the provision of the Services or if, and to the extent that, the relevant provision of Data Protection Law would not also apply to Company provision of services equivalent to the Services to other customers. Customer shall comply with all Data Protection Laws applicable to Customer as Controller.
4.1 Personnel Reliability. Company shall take reasonable steps to (i) require background screening and to ensure the reliability of any personnel who may have access to the Customer Personal Data or the Customer environments in which the Personal Data is processed, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Customer Personal Data, as strictly necessary for the purposes of the Principal Agreement; and (ii) ensuring that any personnel are informed of the confidential nature of Personal Data, have received training, and are subject to confidentiality obligations or professional or statutory obligations of confidentiality.
4.2 Data Protection Officer. Company have appointed a data protection officer. The appointed person may be reached at karin@doctorkarin.com.
5.1 Appointment of Sub-processors. Subject always to section 3.2 above, each Customer authorizes Company to appoint Sub-processors in accordance with this section 5 to Process Customer
Personal Data. Company shall be responsible for ensuring that each Sub-processor has entered into a written agreement requiring the Sub-processor to comply with terms no less protective than those provided in this Privacy Policy (a summary of such terms will be made available to Customer on request). Company shall be liable for the acts and omissions of any Sub-processor to the same extent as if the acts and omissions were performed by Company. Sub-processors may process such data within the EU or outside the EU.
5.2 Notification of New Sub-processors. Company may continue to use those Sub-processors already engaged by Company or any Company Affiliate as at the date of this Privacy Policy. Company shall make available to Customer through Company customer website a list of Sub-processors authorized to Process Customer Personal Data (“Sub-processor List”) and provide Customer with a mechanism to obtain notice of any updates to the Sub-processor List (“Sub-processor Notice”). At least thirty (30) days prior to authorising any new Sub-processor to Process Personal Data, Company shall provide notice by updating the Sub-processor List.
5.3 Sub-processor Objection Right. This section 5.3 shall apply only where and to the extent that Customer is established within the EEA or where otherwise required by Data Protection Laws applicable to the Customer. In such an event, If Customer notifies Company in writing of any objections (on reasonable grounds) to a Sub-processor added to the Sub-processor List within fourteen (14) days after the date of the applicable Sub-processor Notice:
5.3.1 Company shall work with Customer in good faith to make available a commercially reasonable change in the provision of the Services which avoids the use of that Proposed Sub-processor; and
5.3.2 where such a change cannot be made and Company choose to retain the Sub-processor, Company shall notify Customer at least fourteen (14) days prior to the authorisation of the Sub-processor to Process Personal Data and the Customer may discontinue using the relevant services and terminate the relevant portion of the Services which require the use of the Proposed Sub-processor immediately upon written notice to Company, such notice to be given by Customer within thirty (30) days of having been so notified by Company.
6.1 Requests from Data Subjects. Customer acknowledges, as part of the Services, it is responsible for responding to any Data Subjects’ request under any Data Protection Law to exercise the Data Subject’s right of access, right of rectification, restriction of Processing, right to be forgotten,data portability, object to processing, or its right not to be subjected to an automated decision-making process (“Data Subject Request”). Company shall:
6.1.1 to the extent permitted by Applicable Law, promptly notify Customer if it receives a Data Subject Request from a Data Subject; and
6.1.2 taking into account the nature of the Processing, reasonably assist Customer to access Customer Personal Data to the extent that Customer Personal Data is not accessible to Customer (as part of the Services) to fulfil the Customer’s obligations, as reasonably understood by Customer, to respond to Data Subject Requests and to comply with Data Protection Laws.
6.2 Government and Law Enforcement Authority Requests. Unless prohibited by Applicable Law or a legally-binding request of law enforcement, Company shall promptly notify Customer of any request by government agency or law enforcement authority for access to or seizure of Personal Data.
7.1 Breach notice. Company shall notify Customer within 24 hours upon Company becoming aware of a confirmed Personal Data Breach affecting Customer Personal Data. To the extent able within the scope of the Services, Company will provide Customer with sufficient information to allow it to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 Investigatory Cooperation. Company shall co-operate with Customer and take such reasonable commercial steps as are directed by Customer to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
8.1 Technical and organization measures. Company shall implement and maintain appropriate technical and organizational measures designed to protect the security, confidentiality and integrity of Customer Personal Data, including to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, such Personal Data as set for thin Schedule A. Company regularly monitors compliance with these measures. Company reserves the right to update its technical and organization measures and will not materially decrease the overall security of the Services pursuant to the Principal Agreement.
8.2 Audit. Customer agrees that Company then-current attestation of compliance (“AOC”) as applicable to the Services, will be used to satisfy any audit or inspection requests by or on behalf of the Customer, including any Customer Group Member arising from this Privacy Policy, and at the Customer’s written request, a copy of such AOC shall be provided to the Customer by Company. In the event that Customer, any Customer Group Member, a regulator, or Supervisory Authority requires additional information, including information necessary to demonstrate compliance with this Privacy Policy, Company will provide commercially reasonable cooperation to make such information available.
8.3 Customer Applications. Customer acknowledges that if at any time it installs, uses or enables products or applications that operate using the Services, but are not part of the Service itself, then by such action Customer is instructing Company to cause the Service to allow such products or applications to operate and potentially access Personal Data. Accordingly, this Privacy Policy does not apply to the processing of Personal Data by such products or applications.
8.4 Return and Deletion of Personal Data. Upon termination of the Services, Company shall at Customer’s option, return and/or delete any Personal Data retained on the Services in accordance with the terms of the Principal Agreement and not retain any copies unless Company is required to do so by Applicable Law.
Personal Data may be stored at various data centre premises as part of the Services (the“Designated Data Centre Location”).
10.1 Without prejudice to any Mediation and Jurisdiction and Governing Law of any other agreement between the parties, or the applicability of any Data Protection Laws:
10.1.1 the parties to this Privacy Policy hereby submit to the choice of jurisdiction stipulated in the Principal Agreement with respect to any disputes or claims howsoever arising under this Privacy Policy, including disputes regarding its existence, validity or termination or the consequences of its nullity; and
10.1.2 the obligations of Company and Company Affiliates arising hereunder are subject to and governed by the laws of the country or territory expressly set forth in the Principal Agreement.
10.2 With regard to the subject matter of this Privacy Policy, in the event of inconsistencies between the provisions of this Privacy Policy and any other agreements between the parties, including the Principal Agreement and including (except where explicitly agreed otherwise in writing, signed on behalf of the parties) agreements entered into or purported to be entered into after the date of this Privacy Policy, the provisions of this Privacy Policy shall prevail.
10.3 Customer is responsible for coordinating all communication with Company on behalf of its
Customer Group Members with regard to this Privacy Policy. Customer represents that, in relation to this Privacy Policy, it, as agent for its Customer Group Members (where applicable), is authorized to issue instructions; make and receive any communications or notifications; and enter into any agreement expressly contemplated herein for and on behalf of any of its Customer Group Members.
10.4 Customer and/or its Customer Group Members may only disclose the terms of this Privacy Policy to a Supervisory Authority to the extent required by law or such Supervisory Authority. Customer shall reasonably ensure that the Supervisory Authority does not disclose the terms of this Privacy Policy to the public or any third party, including: (i) marking copies of this Privacy Policy as “Confidential and Commercially Sensitive”; (ii) requesting return of copies of this Privacy Policy once the governmental regulatory notification has been completed or approval granted; and (iii) requesting prior notice and consultation before any disclosure of this Privacy Policy by the Supervisory Authority.
10.5 The Company and/or Company Affiliates’ aggregate liability to the Customer and/or any Customer Group Member arising from a breach of this Privacy Policy (including the Standard Contractual Clauses) shall be subject to the terms of the Principal Agreement.
In addition to the terms set out in Part A above, the terms set out in this Part B shall apply to the Processing of Personal Data by Company on behalf of a Customer established in the European Union or otherwise subject to the requirements of the GDPR.
11.1 General Data Protection Regulation. With effect from 25 May 2018, Company will Process any Personal Data in accordance with the requirements of GDPR as directly applicable to Company provision of the Services.
11.2 Subject Matter, Nature, Purpose and Duration of Data Processing. Company will Process Customer Personal Data to provide the Services. The duration of the Processing of Personal Data shall be for the term of the Principal Agreement.
11.3 Types of Personal Data and Categories of Data Subjects. The types of Personal Data and categories of Personal Data shall be those determined by the Customer being the Customer Personal Data which, along with the categories of Data Subjects, may be more particularly described in the Principal Agreement.
11.4 Data Protection Impact Assessment and Prior Consultation. The Customer for itself and on behalf of each Customer Group Member (where applicable) agrees that Company then-current standard policies & documented information about the Services, will be used to carry out Customer’s data protection impact assessments and prior consultations, and Company shall make such information available to the Customer where requested. Company and each Company Affiliate shall provide reasonable assistance to each Customer Group Member with any data protection impact assessments, and prior consultations with Supervisory Authorities or other competent data privacy authorities, which Customer reasonably considers to be required of any Customer Group Member by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of the Customer Personal Data by, and taking into account the nature of the Processing and information available to, Company. The Customer shall ensure, to the extent that such data protection impact assessments and, where necessary, prior consultations with Supervisory Authorities, are required by Data Protection Laws, that Customer and relevant Customer Group Members take such steps as are required to implement such assessments and consultations. If, following the implementation of a data protection impact assessment or a consultation, the Customer reasonably determines that it would be a breach of Data Protection Laws to continue with the Services, Customer shall notify Company and the parties shall attempt to reach a solution. If the parties fail to agree a solution within thirty (30) days of commencing discussions, the Customer shall be entitled to terminate the Services, subject to the payment of an early termination fee determined in accordance with the Principal Agreement.
11.5 Access to Personal Data. Unless otherwise agreed and notwithstanding Section 9 above,
in order to provide the Services Company and its Sub-processors will only access Personal Data from (i) countries in the EEA, (ii) countries or territories formally recognized by the European Commission as providing an adequate level of data protection (“Adequate Countries”) and (iii) the United States provided, in this case, that Company makes available to the Customer a Valid Transfer Mechanism in accordance with Section 11.6 below. When Company or its Sub-processors access Personal Data from outside the Designated Data Center Location for the purposes of providing the Services, the Customer agrees that such Personal Data may be transferred accordingly.
11.6 Transfers Required by Applicable Law. Notwithstanding the foregoing, Company shall be entitled to access Personal Data from, or transfer Personal Data to, territories outside the EEA other than in the circumstances specified in clause 11.6 if required to do so by Applicable Law. Unless prohibited by Applicable Law, Company shall not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
This is the acceptable use policy, which, together with our terms of website use, Terms of Use, sets out the terms under which we Dr. Karin, LLC allow you to use our site www.doctorkari.com (“site”) whether you are a visitor or a registered user. All enquiries should be directed to karin@doctorkarin.com. Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.
Whether you are a visitor or registered user, you must comply with our terms of website use Terms of Use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:
Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):
If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-
Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use Terms of Use, and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.
Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.
1.1 Due to your purchase being a coaching package in a business capacity, we do not offer refunds or cancellations. All contracts and purchases are binding.
1.2 Due to your purchase being an info product in a business capacity and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.
1.3 In terms of our products, we stand by the quality of our material and if for whatever reason you feel the quality has not been met, please email us at karin@doctorkarin.com.
2.1. These terms and conditions (“Terms”) apply to all programs, courses and events hosted by, affiliated by or operated by Karin Luise for Dr. Karin, LLC in Atlanta, GA. By registering to be a participant in our Program, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
2.2. The agreement between us and you, the person or entity registering to be a participant in the Program (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Program and shall continue until terminated in accordance with these Terms.
2.3. If you are purchasing online, the order process will be as follows:
2.3.1. add the Program to the cart and proceed to the checkout and make payment as directed;
2.3.2. we will send you an email acknowledging your order and confirming whether we have accepted your order.
2.3.3. If at any stage you have made an error in your order, you may email us at karin@doctorkarin.com to correct any errors.
2.4. If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
2.5. These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website WWW.DOCTORKARIN.COM (“site”)
2.6. Any content posted or submitted by you to our site in the course of the Program is subject at all times to the Acceptable Use Policy.
2.7. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
3.1. The Program will be provided over the course specified on the sales page and shall be delivered by a combination of online sessions, telephone sessions, one on one in person sessions (“In Person Session”), or as a downloadable product as detailed on the site.
3.2. The date and time of all telephone sessions and In Person Sessions are as set out on the site but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.
3.3. If you need to cancel an In Person Session, you should provide us with as much notice as possible (by emailing karin@doctorkarin.com) and we will endeavour to reschedule the session to a mutually convenient date and time. If you provide us with less than 48 hours’ notice or fail to provide us with any notice we may not be able to reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session.
3.4. If you arrive late for an In Person Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.
3.5. The In Person Sessions may be held in third party venues such as hotel meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session).
3.6. You are responsible for your own belongings that you take to an In Person Session and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
3.7. You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees) arising out of your actions or inactions while at a venue as part of the Program.
3.8. Group telephone sessions shall start and end at the scheduled times regardless of the time that you join the call. If you are late for an individual telephone call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged to refund you any amounts in relation to such session.
3.9. The online sessions of the Program are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Program but in the event that such content (or any content added by you or other participants in the Program) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
3.10. You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
4.1. Where we are providing goods or products (such as CDs, DVDs or binders) (“Products”) as part of the Program or otherwise, the following terms and conditions of this paragraph 4 shall apply.
4.2. Any photographs of the Products on our site are for illustration purposes only.
4.3. The delivery charges for the Products are as set out on our site from time to time.
4.4. Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.
4.5. Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.
4.6. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Return delivery will be at your expense.
4.7. You own the Products once we have received payment in full, including all applicable delivery charges.
5.1. The total price payable for the Program is as set out in the summary of key terms above.
5.2. You may choose to pay by instalments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms.
5.3. If you choose to pay in instalments a deposit of the amount set out in the summary of key terms is payable on registration for the Program. You will then be invoiced for a further instalments (as specified on our website) for the amount set out in the summary of key terms every 30 days until the total price payable has been paid. Such invoices must be paid within 7 days of the date of the invoice.
5.4. Payment is to be made by any method that is detailed on our site from time to time.
5.5. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC from time to time in force and/or (ii) suspend the availability of the Program until such time as payment is made or the Contract is terminated.
5.6. The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
5.7. You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Program.
5.8. All payments are non-refundable.
6.1. We warrant to you that the Program and Program materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Program is supplied.
6.2. Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
6.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6.4. We acknowledge that in the course of the Program we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law; (b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
6.5. You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Program to you.
7.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Program and all content within the Program and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Program or the content of the Program to you or to any other person.
7.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Program.
7.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Program for the purposes for which the Program were provided only.
7.4. Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
7.5. You may not without our prior written consent make any audio or visual recordings of any part of our Program.
7.6. We may from time to time record the Program being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
7.7. You acknowledge that certain information contained in the Program and Program materials is already in the public domain.
7.8. You are not permitted to sell or promote products or services to other participants in the Program at or during any part of our Program without our prior written permission.
7.9. The provisions of this paragraph 7 shall survive termination of the Contract.
8.1. The Contract shall continue until the end of the Program when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
8.2. Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
8.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
8.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
8.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
8.3. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
8.4. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.5. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.6. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.7. This paragraph 8 shall survive termination of the Contract.
8.8. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
9.1. Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Program.
9.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Program.
9.4. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.5. We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Program, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
9.6. The provisions of this paragraph 9 shall survive termination of the Contract.
9.7. You acknowledge and agree that:
9.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Program (which shall be deemed to have been terminated by mutual consent);
9.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Program other than as expressly set out in the Contract.
10.1. By registering for our Program you warrant that:
10.1.1. You are legally capable of entering into binding contracts; and
10.1.2. You are at least 18 years old; and
10.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
10.2. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.3. We may vary these Terms (other than the price payable by you for the Program) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Program will be deemed to be your acceptance of any new Terms.
10.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
10.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
10.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
10.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
10.11. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
10.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.