TERMS AND CONDITIONS THE IBS COACH
In the Terms and Conditions the following definitions apply:
Client: the person aged 18 years or over purchasing a course from the Company.
Company: The IBS Coach
Course: the supply of a service as outlined on the Course Order Form.
Course Fees: the fees payable by the Client for the supply of a Course in accordance with Clause 3.
- THE COURSES
2.1 A person becomes a Client once they have made their first payment or payment in full.
2.2 Acceptance of a person as a Client is at the absolute discretion of the Company.
2.3 The Company reserves the right to expel, suspend for a specific period or refuse to renew the Course of any Client whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Company, or which amounts to a breach of the Terms and Conditions. Any Clients so expelled will forthwith cease to be a Client of the Company and will not be entitled any refund.
2.4 The Client must declare any physical and/or medical limitations that may affect their ability to participate.
2.5 It is the responsibility of the Client to check with their GP or other health care professional as to their medical readiness to participate.
2.6 The Company reserves the right to refuse access to the Course if the health of a Client may be endangered.
2.7 The Company reserves the right to make any changes to the Course which are necessary to comply with any applicable law or safety requirement which do not materially affect the nature or quality of the Course or which the Company considers desirable or appropriate in connection with the Course.
- FEES AND PAYMENT
3.1 Course fees must be paid in accordance with the Terms and Conditions herein irrespective of whether the Client fully participates.
3.2 When the Client purchases the Course the information provided and obtained as part of the transaction, such as credit card number and contact information, may be collected by both the third-party merchant and the Company. The Company agrees not to share it with anyone else. Transactions within the Company are made through an authorised payment processing company and as such they may have privacy and data collection practices that are different from the Company’s. The Company has no responsibility or liability for their policies.
3.3 The Client agrees to purchase the Course for her sole use and to use the Course for legitimate, non-commercial purposes only. The Client agrees not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
- REFUNDS AND CANCELLATIONS
4.1 The Client may cancel the course by notice in writing at any time up to 14 days after the initial payment has been made (either payment in full or non-refundable deposit). All access to digital materials supplied will be terminated by the Company within 5 working days of receiving notice. Cancellation requests must be sent to firstname.lastname@example.org
4.2 It is the Client’s responsibility to ensure and confirm any notice of cancellation has been received by the Company and the Client has received an acknowledgement of receipt from the Company.
4.3 In the event of the Client cancelling the Course in accordance with clause 4.1 the Company will retain the deposit amount charged and the balance of the Charges shall be cancelled. Where payment in full has been made, no refund shall be given as full access to the Course has been provided in this instance.
4.4 Where notice to cancel is received other than in accordance with clause 4.1 any payments made will be retained by the Company and all outstanding payments due will remain chargeable.
4.5 In the event of the Client being unable to attend a Coaching Call on the dates originally booked the Company will use reasonable endeavours to accommodate requests for transfers to alternative dates but shall be under no obligation to grant such requests. The Client should note, the Company has restricted days available for Client Coaching Calls and as such cannot guarantee how quickly re-scheduled appointments can be made. Where it is not possible for the Client to attend an alternative call any deposit or payments made will be retained by the Company.
4.6No refunds will be made unless the course is cancelled by the Company and no reasonable alternative is offered OR an undeniably unavoidable circumstance prevents you from participating (determined on a case by case basis).
4.7 If any Coaching Call is cancelled with less than 48 hours’ notice, a rescheduled appointment fee of £30 will be charged.
4.8 In the event of cancellation or termination, the Client will no longer be given permission to access the part of the Course affected by such cancellation or termination.
- Intellectual Property Rights and Confidentiality
5.1 The Client acknowledges and agrees that information and materials provided by the Company may be confidential in nature and contain valuable trade secrets, specifications, processes and initiatives. The Client shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of Course materials.
5.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Course provided and in the Materials used shall be owned by the Company and the Company does not grant the Client any Intellectual Property Rights.
5.3 For the purposes of this clause 5, Intellectual Property Rights means all patents, copyright and related rights, rights in goodwill or to sue for passing off, unfair competition rights, moral rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
5.4 You agree that The IBS Coach may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant The IBS Coach a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free licence to use the feedback you provide to The IBS Coach in any way.
5.5 This clause 5 shall survive termination of the Contract.
- LIMITATION OF LIABILITY AND DISCLAIMERS
6.1 The Client releases the Company and its affiliates from any damages that the Client may incur, and agrees not to assert any claims against the Company or its affiliates, arising from the purchase or use of the Course.
6.2 The Company excludes all liability and responsibility for any amount or kind of loss or damage that may result to the Client or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with these Courses in any way or in connection with the use, inability to use or the results of use of this Course, any websites linked to this Course or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to or your downloading of any material from this Course or any websites linked to these Course.
7.1 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the affairs of the Company and the conduct of Members. Any such changes will be notified to Members and, until revoked are and will be binding for Members.
7.2 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the courts of England and Wales.