Application of terms and conditions
1.1. Thank You for visiting our website (“Our Site”). This page (together withdocuments referred to in it) are the terms upon which we supply our trainingpackage listed on Our Site.
1.2. Please read these terms and conditions (“Terms”) carefully before you submit yourorder to us. These Terms tell you who we are, how we will provide products toyou, how you and we may change or end the contract, what to do if there is aproblem and other important information.
1.3. By Using Our Site you agree and accept these Terms. If you do not agree with theseTerms we ask that you immediately discontinue Using Our Site and refrain frompurchasing any of our programs or services.
1.4. These are the Terms on which we supply our services to you (“you, your”).
1.5. An agreement (“Contract”) will become legally binding only when we email you toconfirm registration for the program or service.
2. Contact Us/Contacting You
2.1. You can contact us by email at firstname.lastname@example.org (“we” or “us”).
2.2. If we have to contact you We will do so by email. We also reserve the right tocontact you by telephone or by writing to you at the address you provided tous in your order.
3.1. These Terms apply to the Coaching Program (“Program”). Byregistering to be a participant in our Program, you agree to the following Termsand that these prevail over any inconsistent terms and conditions contained, orreferred to elsewhere or as implied by law, trade custom, practice or any othercourse of dealing.
3.2. If you are purchasing online, the order process will be as follows:
- 3.2.1. add the Program to the cart and proceed to the checkout and makepayment as directed;
- 3.2.2. we will send you an email acknowledging your order and information on next steps inthe coaching process.
- 3.2.3. If at any stage you have made an error in your order, you may email us email@example.com to notify us that you would like to correct such errors.
3.3. If you are purchasing online, you should print a copy of these Terms for your recordsas we will not be filing a copy and we reserve the right to change these Terms fromtime to time.
3.4. These Terms should be read in conjunction with our Website PrivacyPolicy (which can be found on our website www.arfanhusain.com (“site”)).
3.6. Where you are a corporate entity, “you” as used in these Terms shall be deemed toinclude your officers and employees and you shall procure that such officers andemployees fully comply with these Terms.
4.1. The Program shall be delivered by a combination of online sessions detailed during thediscovery call.
4.2. We may use services provided by third parties, including individuals or companies,whether affiliated with us or not, in our program.
4.3. The date and time of all online sessions are as set out on the site but aresubject to change. We will provide you with as much notice of any change as ispossible but we shall not be liable to you in any way for any change to such dates or times.
4.4. You agree to indemnify us against any claim from any third party (and associatedcosts and expenses (including professional fees)) arising out of your actions orinactions while at a venue as part of the Program.
4.5. Group sessions shall start and end at the scheduled times regardless ofthe time that you join.
4.6. Any digital materials included in the Membership require the following hardwareand software and other functional requirements in order to be fully used: computer, phoneor tablet device.
4.7. The online sessions of the Program are held on third party secure servers and wehave taken all reasonable steps to ensure that the online content will be available at all times during the lifetime of the program but in the event that such contentis not available in whole or in part at any time, or becomes corrupted, is deleted or isfailed to be stored, we shall have no liability in any circumstances.
4.8. You agree to keep user details and your password for the site confidential at alltimes and to not disclose them to any third party. You must notify us immediately ifyou become aware of any unauthorized use of your account and you shall indemnifyus against all claims, damages, losses, costs or expenses (including any legal orprofessional fees) and any other liability which arises from any unauthorized use ofyour account.
5.1. Where we are providing goods or products (such as CDs, DVDs or binders) (“Products”)as part of the Program or otherwise, the following terms andconditions of this paragraph shall apply.
5.2. Any photographs of the Products on our site are for illustration purposes only.
6.1. The total price payable for the Program is as set out during our discovery call and isnon-refundable.
6.2. You may choose to pay by installments or in one lump sum and the total price payableshall depend upon which option you have chosen and shall be as set out on the shoppingcart.
6.3. If you choose to pay in installments a deposit of the amount set out in the summary of keyterms is payable on registration for the Program. You will then be automatically charged forfurther installments (depending on your registrationdate) for the amount set out on the shopping cart every 30 days until the total price payablehas been paid. Such invoices must be paid within 7 days of the date of the invoice.
6.4. You understand that your membership will automatically continue and you authorize us(without notice to you, unless required by applicable law) to collect any and all outstandingreceivables, using any eligible payment method we have on record for your account.
6.5. Should you choose to discontinue attending or using of the Program, you are still legallyobligated to make all installment payments as agreed upon registration of the Program.
6.6. Without prejudice to any other right or remedy that we may have, if any sum payableunder these terms is not paid within 7 days of the date due we reserve the right to
- (i) chargeinterest from the date due for payment to the actual date ofpayment at the rate of 3% from time to time inforce and/or
- (ii) suspend the availability of the Program until such time as payment is made.
6.7. The total price payable as set out in the summary of key terms is exclusive of ValueAdded Tax (and any other applicable taxes or duties) which shall be added at theapplicable rate where necessary.
7. Our obligations
7.1. We warrant to you that the Program and Program materials purchased from us is ofsatisfactory quality and reasonably fit for the purpose for which the Program is supplied.
7.2. Other than as set out in paragraph 6.1 above, all warranties and representations areexcluded to the fullest extent permitted by law. Due to the nature of 1:1 coaching and the factthat your success is dependent on a number of factors over which wehave no control, we do not guarantee any particular results.
7.3. We will endeavour to ensure that all information that we provide is accurate andup-to-date but we shall not be liable for any claims arising from such information beinginaccurate or not up-to-date or otherwise.
7.4. We acknowledge that in the course of the Program we will have access to yourconfidential information and we agree not to (except in the proper course of our duties) use ordisclose to any third party such confidential information. Thisrestriction 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 advisablein order to prevent illegal acts or harm to you or toothers; or
- (c) any information which is already in, or comes into, the public domain otherwise thanthrough our unauthorized disclosure.
7.5. You acknowledge and agree that your personal data will be processed by and on behalf ofus as part of us providing the Program to you.
8. Intellectual Property
8.1. 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 orotherwise shall operate to transfer the ownership of the Intellectual Property Rights in theProgram or the content of the Program to you or to any other person.
8.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of orotherwise make available to a third party in any way any of the content or materials containedin the Program.
8.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocablelicense to use all or any of the content of the Program for the purposes for which the Programwere provided only.
8.4. Except as set out in paragraph 9.3, you may not use any of our intellectual property rightsat any time except where duly licensed. Use of our logo is strictlyprohibited without our prior written consent.
8.5. You may not without our prior written consent make any audio or visual recordings of anypart of our Program.
8.6. You acknowledge that certain information contained in the Program and Programmaterials is already in the public domain.
8.7 You are not permitted to sell or promote products or services to other participants in theProgram at or during any part of our Program without our prior written permission.
8.8 The provisions of this paragraph 9 shall survive termination of the Contract.
9. Recording, photography and filming
9.1. We may wish to record, photograph or film a program/event and reserve theright to do so for the purposes of future programs/events and/or promotingfuture programs/events or otherwise.
9.2. You consent to us recording, photographing or filming (“Recordings”) you withoutany fee payable to you (other than as set out below). This consent includesRecordings of your participation in our live events, coaching sessions, webinars, onlinecourses,offline courses, presentations and otherwise (“participations”) and includes yourpast, present and future participations.
9.3. You acknowledge and agree that we shall be entitled to edit, copy, add to, adapt ortranslate the Recordings at our discretion and, in respect of the Recordings, youhereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers’ rights arising under the Copyright, Designs andPatents Act 1988 or similar rights arising under the laws of any jurisdiction.
9.4. You agree that we may use such Recordings of you for purposes including (withoutlimitation) promotion of future programs, events and/or courses and to createcontent for future programs, events and/or courses.
10. Term and termination
10.1. The Contract shall continue until the end of the Program when the Contractshall expire other than for the Terms that are specifically stated to remain inForce.
10.2. Notwithstanding the provisions of paragraph 9.1 or 9.2, Program purchases arenon-refundable. Contract may be terminated by us if:
- 10.2.1. The other commits any serious or repeated material breach or non-observance of any of the provisions of these Terms; or
- 10.2.2.The other party commits any fraud or dishonesty or acts in any mannerwhich in the opinion of the terminating party brings or is likely to bring theterminating party into disrepute or is materially adverse to the interests ofthe terminating party.
10.3. On or before the date of termination or expiry of the Contract, you shallimmediately pay any unpaid fees or other sums payable under these Terms (whichfor the avoidance of doubt shall include any remaining installments regardless ofthe point at which the Contract is terminated).
10.4. Expiry or Termination of this agreement shall not affect either of our accruedrights, remedies, obligations and liabilities of either of us as at the date theContract ends, including the right to claim damages in respect of any breach of theContract that existed at or before the date the Contract comes to an end.
10.5. Any delay by us in exercising our right to terminate the Contract shall notconstitute a waiver of our right to terminate or to seek any other remedy.
10.6. Paragraphs which expressly or by implication have effect after termination of theContract shall continue in full force and effect after the date of expiry ortermination of the Contract.
10.7. This paragraph 11 shall survive termination or expiry of the Contract.
11.1. Nothing in this paragraph 11 shall limit our liability for death or personal injurycaused by our negligence or for our fraud or fraudulent misrepresentation or forany matter for which liability cannot be legally excluded or limited.
11.2. We shall not be liable for any loss of profits, loss of business, depletion of goodwilland/or similar losses, loss of anticipated savings, loss of goods, loss of contract,loss of corruption of data or information or any special, direct or indirect,consequential or pure economic loss, costs, any form of damages, charges orexpenses suffered or incurred by the you as a result of you entering into theContract and/or us providing the Program.
11.3. Our total liability in contract, tort (including negligence or breach of statutoryduty), misrepresentation, restitution or otherwise arising in connection with theperformance or contemplated performance of the Contract shall in allcircumstances be limited to the price paid by you for the Program.
11.4. If we are prevented from or delayed in performing our obligations by your act oromission or by any circumstance outside of our control, we shall not be liable toyou for any costs, charges or losses sustained or incurred by you that arise directlyor indirectly from such prevention or delay.
11.5. We shall not be liable for additional costs incurred by you as a result ofchanges in
- (i) the Program,
- (ii) any other content,
- (iii) the time and date of sessions or
- (v)trainers, instructors or coaches.
11.6. If you contract with a third party directly, we cannot give any undertaking, thatthe services by such companies will be of satisfactory quality, and any suchwarranties are disclaimed by us absolutely. This disclaimer does not affect anystatutory rights against the third party directly.
11.7. The provisions of this paragraph 11 shall survive termination of the Contract.
11.8. You acknowledge and agree that:
- 11.8.1. The Contract constitutes the entire agreement and understanding betweenus and supersedes any previous arrangement, understanding or agreementbetween Us relating to the provision of the Program (which shall bedeemed to have been terminated by mutual consent);
- 11.8.2. 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 ornot) relating to the provision of the Program other than as expressly setout in the Contract.
12. Confidential Information
12.1 You acknowledge and agree that your personal data will be processed by andon behalf of us as part of us providing the Program to you.
12.2 You agree and consent that your personal data provided to us may becollected, used, processed and disclosed to third parties by us for thepurposes of supplying our goods and services to you.
13.1. By registering for our Program you warrant that:
- 13.1.1. You are legally capable of entering into binding contracts;
- 13.1.2. You are at least 18 years old; and
- 13.1.3. That all information you provide us with is materially true and accurate atall times and not misleading in any way.
13.2. You accept that communication with us will be mainly electronic. We will contactyou by e-mail or provide you with information by posting notices on our site. Youagree to this electronic means of communication and you acknowledge that allcontracts, notices, information and other communications that we provide to youelectronically comply with any legal requirement that such communications be inwriting. This condition does not affect your statutory rights.
13.3. 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 thechange of terms. Your continuation with the Program will be deemed to be youracceptance of any new Terms.
13.4. 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 rightsunder the Contract.13.5.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 ofthe Contract.
13.5. 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 ofthe Contract.
13.6. If we fail to insist upon strict performance of any of your obligations under theContract, or if we fail to exercise any of the rights or remedies to which we areentitled under the Contract, this shall not constitute a waiver of such rights orremedies and shall not relieve you from compliance with such obligations. A waiverby us of any default shall not constitute a waiver of any subsequent default. Nowaiver by us of any of these Terms shall be effective unless it is expressly stated tobe a waiver and is in writing.
13.7. 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 tothat extent be severed from the remaining terms, conditions and provisions whichwill continue to be valid to the fullest extent permitted by law.
13.8. A person who is not a party to the Contract shall not have any rights under theContracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13.9. The rights of the parties to terminate, rescind or agree any variation, waiver orsettlement under the Contract are not subject to the consent of any person that isnot a party to the Contract.
13.10. The Contract and any dispute or claim arising out of or in connection with it orits subject matter or formation (including non-contractual disputes or claims) shallbe governed by and construed in accordance with the Law of the United States of America.
13.11. We each irrevocably agree that the courts of United States of America shall haveexclusive jurisdiction to settle any dispute or claim that arises out of or in connection with theContract or its subject matter or formation (including non-contractual disputes or claims).
13.12. Unless the context otherwise requires, a reference to one gender shall include areference to the other gender.