Online Course Terms & Conditions
Introduction
The Terms and Conditions set out below (“Terms”) apply to the delivery of True Calling career change online course (“Services”) which I, Louise Villar Pardo , (“I”, “Me”), agree to provide to you, the purchaser of the Services, (“You”, “Your”) in exchange for payment of the Fee (as defined below).
When you sign or otherwise electronically accept this Agreement, you will be deemed to accept these Terms including any Schedule, along with my privacy notice and Website Terms of Use which can be found at www.lvpcoaching.com/privacy-policy (“the Website”).
Our agreement, which is subject to these Terms, shall begin when signed or accepted electronically and it will continue until the end date set out in Schedule 1, unless it is terminated earlier in accordance with these Terms, or we agree in writing to extend.
If you access or use any of my free resources which I provide directly to you or through my Website or sales pages which may include audio files, workbooks, PDF’s,videos, slides introductory or discovery sessions or workshops then these Terms will apply to your use of those, except for the clauses relating to payment and consumer regulations.
The Services
I agree to deliver to you the Services, as detailed in the service description attached at Schedule 1, with reasonable skill and care, consistent with best practice and standards applicable within my industry and within a reasonable time period. To support me in delivering the Services, I may engage the services of my employees, contractors and such other third-party providers as may be necessary.
Any information, support, materials or guidance that I provide to you as part of the delivery of the Services are intended for a group audience and on this basis, you should not rely upon the information as personal to you, unless I expressly advise you otherwise. Any information I provide will not constitute legal, medical or financial advice.
The Services are designed to be accessed online only and no alternative will be provided. You will be required to have access to Kajabi which you can access from a computer, tablet or smartphone.
Your purchase of the Services
The clauses below set out how a legally binding agreement is formed between us:
you confirm that you wish to place an order to purchase the True Calling course by making a payment to me via bank transfer or via Kajabi.
If I do not accept your order then I will notify you by email, this may be where there is an error with the Services description or the price, where I am no longer able to deliver the Services, or where I feel that the Services may not be right for you;
if I do not accept your offer to purchase my Services then I will notify you by email and provide a full refund of any payment you have made to me in connection with your purchase of the Services;
your order will be accepted and our legally binding agreement will begin when I send your welcome email.
In some circumstances it may be necessary for me to make amendments, revisions or changes to the Services or cancel, amend, change or reschedule any part as is reasonably required. If I do need to make any changes then I will ensure that the Services still match the original description, except where a change enhances the original description. I shall not be liable for any reasonable changes that are made to the Services.
Payment terms
The total price of the Services is set out in Schedule 1 (“the Fee”). All prices are inclusive of any applicable VAT and taxes.
If I agree to accept payment by installments then you must pay the installments in accordance with the installment plan as set out at Schedule 1. Each installment that I receive shall be credited to the outstanding amount of the Fee owed by you until I have received payment of the Fee in full.
If you choose to pay by credit or debit card then you authorise me to charge your payment method without further notice to you. If it is rejected, or fails, but you have still received access to the Services, you agree to provide me with full payment within 7 days from access to the Services being provided.
The Fee is calculated based upon my knowledge and experience and the time, effort and availability of the Services and is not based on your actual usage and/or level of attendance. On this basis you agree and acknowledge that:
you shall not be entitled to any form of credit to or deduction from the Fee for any non-attendance or lack of usage of the Services on your part: and
the Fee is payable in full and non-refundable save for the circumstances set out in our refund policy (see below).
All payments provided to me are non-refundable unless the following circumstances apply:
I cancel delivery of the Services (as set out in clause 13.3), in which case you shall be entitled to a partial refund for any of the Services which you have paid for but have not yet received.
In light of my refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with the Services then you agree to contact me by email to hello@lvpcoaching.com and allow me the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting me then you accept that such action shall constitute a breach of our Agreement and you agree to indemnify me for the repayment of any charges, costs or fees imposed on me by your debit or credit provider or our merchant service provider as a result of your actions, along with my reasonable costs for dealing with the matter calculated at a rate of £175 per hour.
Late Payment
Without prejudice to any other right or remedy that I may be entitled to, where payment is beyond 7 days overdue then:
I shall be entitled to suspend delivery of the Services until payment has been made in respect of the outstanding amount; and
interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 5% per annum.
In the event payment is beyond 30 days overdue then I shall be entitled to terminate our agreement and instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.
Your rights when purchasing the Services as a Consumer
If you purchase any Services as a consumer then you will be entitled to a 14-day cancellation period which begins from the date of your welcome email.
As your purchase of the Services includes digital products or services that are available for immediate access then as soon as you access them or begin downloading or streaming, you will waive your right to cancel and will not be entitled to a refund unless a fault exists with that product or service.
Intellectual Property
For the purposes of this Agreement, Intellectual Property shall mean all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs.
As part of my delivery of the Services I may provide you with materials, information, tools, meditations, videos, resources, documents, workbooks, data and other content (“Content”). You agree and accept that all Content remains my confidential and proprietary Intellectual Property and belongs solely and exclusively to me.
You will be permitted to use any Content in connection with your use of the Services but it should not be copied, modified, reproduced, sold, shared, distributed, published, licenced, disclosed, or used for any reason, whether for commercial gain or not, without my prior written consent and nothing within these Terms constitutes a transfer of any Intellectual Property or a grant of a licence or any right to use unless expressly set out in these Terms or where I have provided my written consent.
You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use my Content for your private and personal use in connection with your use of the Services and for the purposes the Services are intended for. Your Licence becomes valid upon payment of the Fee and any other monies owing to me and I have the right to withdraw it at any time, without notice, where I reasonably believe you are in breach of the terms of the Licence or any of these Terms or where I have a genuine business reason to do so.
Where any Content contains Intellectual Property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
Your Personal Information
Any personal information you provide will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR, the EU GDPR and the Data Protection Act 2018. I shall only process your personal Information 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 me to complete and deliver the Services and to comply with any legal or regulatory requirements. For full details of how I process, use, collect and store your personal Information please refer to my privacy notice which can be found at www,lvpcoaching.com/privacy-policy
You may not, without my prior written consent, make any audio or visual recordings of all or any part of the delivery of the Services.
Any of my obligations arising under this clause, shall not apply where it is necessary for me to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow me to obtain legal advice, where I have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because I reasonably believe you are at risk of danger to yourself or others.
Liability
Nothing in these Terms shall limit or exclude my liability for death or personal injury caused by my negligence or for any fraudulent misrepresentation.
I shall not be liable (whether caused by me, my agents, employees or otherwise) to you for:
any indirect, consequential or special damages, losses or costs;
any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
any failure to deliver the Services where I am prevented due to an Event or another reason beyond my reasonable control; or
any losses arising from your choice of Services or your use of the Services once delivered.
I warrant that the Services are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used.
Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
My entire liability to you shall be limited to the amount of the Fee paid by you at the time any loss is sustained.
Nothing in these Terms seeks to excuse or limit your legal rights as a consumer, where applicable. For further information concerning your legal rights please contact your local Citizens Advice Bureau.
During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm me, my agents, employees, contractors, or any Clients, or damage our reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to me, my agents, employees, contractors, or any Client.
In the event a dispute arises in connection with the provision of the Services which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action.
General
The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).
In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
These Terms represents the entire agreement between us and supersede all other negotiations, drafts, correspondence and discussions prior to you purchasing the Services.
You agree that we have made no other representations to you to induce you into purchasing the Services and no modification to our agreement shall be effective unless in writing and signed by us both.
This Agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
Save as provided for in clause 19.7, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
Applicable Law
These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Schedule 1
Description of Services
Access to True Calling programme online;
Payment terms
The cost for the Services is £888 inclusive of VAT, and any applicable taxes.
Payment can be made through our online platform Kajabi.
Installment plan
If you choose to pay in installments.
You will pay £296 for three consecutive months.