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Terms & Conditions for the Activate and Elevate Business Coaching Programs

1. Summary of key terms

1.1 Total payment due: the total amount paid in 12 monthly instalments

1.2 Initial Payment: the first monthly instalment

1.3 Instalments: 11 further monthly instalments following the initial payment, to be paid on the date falling one calendar month after the date of registration and monthly thereafter until all instalment payments are made.

2. Application of terms and conditions

2.1. These terms and conditions (“Terms”) apply to the Activate & Elevate Business Coaching Programs (“Program”) operated by Thrive Health & Wellness Business Coaching Ltd (“we” or “us”). 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 is 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 [email protected] 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 Privacy Policy (which can be found on our website www.ianj46.sg-host.com (“site”)).

2.6. 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. Program

3.1. The one to one part of the Program will be provided wherever possible within the first 30 days from the date of purchase. Access to the online course part of the Program shall be delivered by a combination of Online Sessions, One-to-One Sessions, and In Person Group Sessions as detailed in the schedule below.

3.2.  The date and time of all sessions are as set out on the program site or as otherwise communicated to you, 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 program site regularly for updates on changes to dates and times.

3.3.  If you can’t attend a scheduled One to One Session, we require 24hours’ notice to reschedule which you can do so via the call booking app which was used to book your session in the first place. We shall endeavour to try to reschedule such session but if we are not able to do so within the first 30 days from the date of purchase, we shall not be obliged to refund you any amounts paid in relation to such sessions that you have not attended.

3.4. If you arrive late for a One to One Session, we will try to extend the end time, but this cannot be guaranteed. 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 Group 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 Group 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. Online Sessions shall start and end at the scheduled times regardless of the time that you join the session. If you are late for an online session, the session will not be extended, and we shall not be obliged to refund you any amounts in relation to such session.

3.9.  The Online Content of the Program is 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. Payment

4.1.  The total price payable for the Program is as set out in the summary of key terms above.

4.2.  The first instalment as set out in the summary of key terms is payable on registration for the Program. You will then be charged for a further 11 instalments for the amount set out in the summary of key terms on the same date as the date of registration for each subsequent calendar month until the total price payable has been paid. If we send you invoices, these must be paid within 7 days of the date of the invoice. For the avoidance of doubt, even if you do not continue to participate in the Program, such instalments remain payable.

4.3.  If you are paying instalments online through Stripe, or a similar online payment method, you agree that we can take such further instalments automatically when due and without any further consent from you.

4.4.  Payment is to be made by any method that is detailed on our site from time to time.

4.5.  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 4% above the base rate of the Bank of England 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.

4.6.  The total price payable as set out in the summary of key terms is inclusive of Value Added Tax (and any other applicable taxes or duties).

4.7.  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.

4.8.  All payments are non-refundable other than as set out in paragraph 7.2 below.

5. Our obligations

5.1.  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.

5.2.  Other than as set out in paragraph 5.1 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.

5.3.  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.

5.4.  You acknowledge that in the course of the Program you may have access to other Program participants confidential information, and you agree not to 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 you consider necessary or advisable in order to prevent illegal acts or harm to others; or

(c)  any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

5.5.  You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Program to you in accordance with our Privacy Notice that you can view at https://thrive-businesscoaching.com/privacy-policy/

6. Intellectual Property

6.1.  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.

6.2.  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 (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Program.

6.3.  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 was provided only.

6.4.  Except as set out in paragraph 6.3, 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.

6.5.  You may not without our prior written consent make any audio or visual recordings of any part of our Program.

6.6.  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.

6.7.  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. You shall not contact any participants of the Program other than in relation to progressing within the Program.

6.8.  The provisions of this paragraph 6 shall survive termination of the Contract.

7. Term and termination

7.1.  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.

7.2.  Notwithstanding the provisions of paragraph 7.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

7.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

7.2.2. 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

7.2.3. 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.

7.3.  We may terminate the Contract without any liability to make any refund to you if your continued participation in the Program is in our opinion causing disruption to the running of the Program or to other participants.

7.4.  Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract.

7.5.  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).

7.6.  Termination of this agreement shall not affect the 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.

7.7.  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.

7.8.  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.

7.9.  This paragraph 7 shall survive termination of the Contract.

7.10. 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”.

8. Liability

8.1.  Nothing in this paragraph 8 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.

8.2.  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 or 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.

8.3.  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.

8.4.  Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.

8.5.  If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity or that of any member of the team involved in providing the Program), 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.

8.6.  We may make changes (and shall not be liable for any additional costs incurred by you or for any other liability 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) the delivery mode of the sessions (for example changing an in person session to an online session) (vi) trainers, instructors or coaches.

8.7.  The provisions of this paragraph 8 shall survive termination of the Contract.

8.8.  You acknowledge and agree that:

8.8.1. 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);

8.8.2. 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 or not) relating to the provision of the Program other than as expressly set out in the Contract.

9. General

9.1.  By registering for our Program you warrant that:

9.1.1. You are legally capable of entering into binding contracts; and

9.1.2. You are at least 18 years old; and

9.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.

9.2.  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.

9.3.  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. Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this within 7 days of our email to you setting out the changes to the terms, the Contract will terminate immediately without further notice and we will refund to you a pro rata amount of any sums paid by you for the Program in advance, for sessions that you are no longer able to take due to such termination.

9.4.  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.

9.5.  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.

9.6.  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.

9.7.  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.

9.8.  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.

9.9.  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.

9.10. 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.

9.11. 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).

9.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

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