Terms & Conditions (User Agreement) for The Glow Up Courses

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• The Agreement

  1. You ( “You”) are agreeing to enter into a Group Course, The Glow Up to Show Up (“the Course”) with Claire HRV Hill Ltd, Our business address is Office 6 The Business Terrace Maidstone House, King Street, Maidstone, Kent, United Kingdom, ME15 6JQ (referred to in this document as “We”, “Our” or “Us”).

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• The Services

  1. The Services (“Services”) we shall deliver as part of the Course are as follows:

     1. 10 x lessons, approximately 25 minutes long led by Claire delivered by Zoom or other online meeting facility (“the meetings”) 

     2. Lifetime access to the Course content

     3. If you are part of the first round (beta) you will benefit from a 30 minute Q&A session, at the end of every live lesson.

     4. Lifetime access to a group coaching call, once a month.

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Any additional contact or support you request that is not included in the Services above will require separate terms and conditions and separate fees will apply

1. Our delivery of the Services will be subject to these Agreement terms and you accept them when you agree to purchase our Course and provide payment or part-payment of the Course Fee, unless we agree in writing otherwise.

2. When we deliver the Services to you, we may engage the services of our employees, contractors and such other third-party providers as may be necessary.

3. We reserve the right to make amendments, revisions or changes to the Course or cancel, amend, change or reschedule any part of the Course as is reasonably required. We shall not be liable to you for any changes or cancellations that are made.

 

• Your Obligations

  1. You accept and understand that the lesson dates and times of The Glow Up to Show Up course are scheduled in advance as above and can be accessed by you live or at any time in the future once they have taken place.

  2. You accept and understand that since the Sessions are all group sessions, in the event you are unable to attend a Session or where you fail to attend a Session, then you will have access to the recording of that session and all sessions but sessions will not be rescheduled if you are unable to attend.

  3. You accept and understand that you are solely responsible for making decisions and taking appropriate action as a result of anything covered during the Course and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your participation in the Course or our delivery of the Services.

  4. You accept and understand that purchasing this Course is not a substitute for professional therapy services. If you are currently undergoing medical or other professional help concerning your mental health then you should provide your practitioner with details of this Course and inform us if appropriate and relevant.

  5. Should you have any concerns whatsoever in relation to our delivery of this Course then you agree to provide us with details by email as soon as possible. We agree to use our reasonable efforts to work with you to resolve any concerns you may have.

  6. You agree that any information you provide to us is true, correct, up to date and complete.

  7. You understand that any resources or information that we provide to you as part of the Course are for general information purposes only and do not constitute legal, financial or medical advice.

  8. You agree that all information that we disclose to you as part of the Course remains our intellectual property and you agree to comply with our rights in connection with the information, materials and resources we provide to you in accordance with Section 10 of this Agreement.

  9. You accept and acknowledge that the Course is a group Course and that the lessons are group sessions hosted by us. You agree that at all times during Sessions you will conduct yourself in a reasonable and responsible manner and will refrain from acting in a manner which may cause offence, distress or alarm to any other member of the Group (“Group Member”) or any other individual who is a member of any of our affiliated networks and/or groups which you may have access to.

  10. In the event you do act in a way which is disruptive, or which causes offence, distress or alarm, to any other Group Member then you will be excluded from the Session and /or removed from any or all of the supporting online platforms in place for the Course. Following such removal and exclusion we shall arrange a meeting with you to discuss the matter and to determine whether you shall be removed and/or excluded permanently from the Course. Any such decision will be at our absolute discretion.

  11. You accept and understand that, once signed, this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement and that refunds only apply as set out in Section 9.

  12. In the event you are invited to attend in person meetings, events, retreats or similar then you accept and acknowledge that you shall be responsible for arranging and funding your own travel and accommodation in order to participate in such activities.

  13. You accept and understand that participation in the Course does not guarantee results or success. As part of the Course you will have access to information, resources, people and support all designed to benefit and support you but it is your responsibility to take action and to implement the necessary information received and/or skills or tools shared.

  14. You accept and understand that any materials and information provided during the course of the Course and delivery of the Services is for general information purposes only and does not constitute legal or financial advice.

  15. You agree to indemnify us and hold us harmless for any action taken against us due to your violation or disregard of:

      1. Any provision of this Agreement;

      2. Your participation in any way in the Course.

 

• Our Obligations

  1. We agree to deliver the Course and the Services to you with reasonable care and skill.

  2. If we have to cancel or reschedule a Session then we shall use our best endeavours to provide you with as much notice as possible.

 

• Payment terms

  1. The fee for the Course if paid in full by a Vivid Club Member is £357 (“the Fee”).

  2. Should a Vivid Club member opt for a Payment Plan via our invoicing function, the total fee is £377 and is to be made by five instalments. Instalments will be made as follows:

     1. Initial deposit payment of £97 made by you

     2. Second Payment of £70 taken automatically one month after the initial payment date

     3. Third Payment of £70 taken automatically one month after the second payment date

     4. Fourth Payment of £70 taken automatically one month after the third payment date

     5. Fifth Payment of £70 taken automatically one month after the fourth payment date

  3. The Fee shall be paid without any deduction or any withholding except as may be required by law.

 

1. The fee for the Course if paid in full during the Introductory Price period is £397 (“the Fee”).

2. Should a Vivid Club member opt for a Payment Plan via our invoicing function, the total fee is £429 and is to be made by five instalments. Instalments will be made as follows:

   1. Initial deposit payment of £97 made by you

   2. Second Payment of £83 taken automatically one month after the initial payment date

   3. Third Payment of £83 taken automatically one month after the second payment date

   4. Fourth Payment of £83 taken automatically one month after the third payment date

   5. Fifth Payment of £83 taken automatically one month after the fourth payment date

3. The Fee shall be paid without any deduction or any withholding except as may be required by law.

 

1. The fee for the Course if paid in full by a Vivid Club Member is £497 (“the Fee”).

2. Should a Vivid Club member opt for a Payment Plan via our invoicing function, the total fee is £537 and is to be made by six instalments. Instalments will be made as follows:

   1. Initial deposit payment of £97 made by you

   2. Second Payment of £88 taken automatically one month after the initial payment date

   3. Third Payment of £88 taken automatically one month after the second payment date

   4. Fourth Payment of £88 taken automatically one month after the third payment date

   5. Fifth Payment of £88 taken automatically one month after the fourth payment date

   6. Sixth Payment of £88 taken automatically one month after the fifth payment date

3. The Fee shall be paid without any deduction or any withholding except as may be required by law.

 

• Late Payment

  1. You shall be responsible for paying the Fee, or any instalment of the Fee, in full and on time.

  2. If payment of the Fee is beyond 14 days overdue then we shall be entitled to cancel our Agreement and seek recovery of the Fee along with any associated costs.

 

• Refund Policy

  1. No refund policy shall apply to your purchase of the Course except for the circumstances set out in Section 9.

 

• Cancellation and Termination

  1. This Agreement between us may be terminated by either one of us giving the other notice by email in the following circumstances:

     1. Either one of us breaches a term of this Agreement, and where it is a breach capable of remedy, fails to remedy that breach within 14 days of being notified by the other person; or

     2. Either one of us breaches a term of this Agreement which is incapable of being remedied; or

     3. You provide us with 14 days’ notice to cancel this Agreement. Please remember that no refunds apply and you will be liable for full payment of the Fee despite giving notice of cancellation.

  2. We reserve the right to limit delivery of the Course or suspend, and/or terminate this Agreement without refunding any Fee, whether paid, or remaining due, if we reasonably determine that you are:

     1. Preventing us from delivering the Course and the Services in any way. Such behaviour shall include, but not be limited to, displaying a lack of interest in the Course or Services, repeatedly ignoring or failing to respond to messages, communicating in a way which is abusive or intended to cause offence to us or another Group Member; and/or

     2. Failing to follow or abide by any term of this Agreement, whether such action constitutes a material breach or not.

  3. Upon termination of this Agreement for any reason:

     1. Any Fee or other monies owing to us shall become immediately due and payable;

     2. Any term of this Agreement which either expressly or by its nature relates to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect;

     3. You agree to stop using, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain any Confidential information.

 

• Events outside of our control

  1. Whilst we shall make every effort to deliver the Course to you, certain events may arise which are outside of our control and which may affect our ability to deliver the Course. Such events may include an Act of God, Strike, War, Riots, Lock Outs, Fire, Flood, Accident, Delays in Transit, any Act/Omission of a Telecommunications officer or Third-Party Supplier of Services, or any other circumstances beyond our control (“Events’). Should an Event occur then the timescales for delivery of the Course shall be extended until a reasonable time after the Event, and under no circumstances shall we be liable for any loss or damage suffered by you as a result.

  2. We acknowledge the importance of telecommunications to the delivery of the Course and agree to use our reasonable endeavours to seek alternative arrangements to limit any delay caused by issues or failure of Telecommunications services. This Section will not apply where an Event occurs.

  3. In the event we are unable to deliver the Course as a result of an Event occurring, you will be entitled to terminate this Agreement by giving notice in writing. In the event of such termination we shall agree upon a fair and reasonable pro-rata payment for all Services provided up to the date of termination.

 

• Confidentiality, Intellectual Property and Data Protection

  1. For the purposes of this Agreement Confidential Information shall mean personal information, ideas, any business practices, materials, content, documents, video and audio recordings, presentations, resources, downloads, podcasts, workbooks or any other confidential and/or proprietary information (“Confidential Information”).

  2. In order for you to benefit fully from this Course, you accept that you will be encouraged to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own benefit or for the benefit of any other person or entity any Confidential Information that you may disclose to us or that may be disclosed as part of your participation in the Course other than to our employees, contractors, agents or advisors, to the extent necessary for delivery of the Course. 

  3. Confidential Information, for the purposes of this Agreement excludes any information that:

     1. Was already known to us prior to being provided with that information by you;

     2. Is already accessible in the public domain;

     3. Is provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or

     4. Is produced, developed or collated by us independently of you and without any breach of the terms of this Agreement.

  4. Where we process your personal data we shall do so in accordance with the terms of our Privacy Policy which can be found on our website at https://www.clairehill.uk/privacy-policy

  5. We are grateful to receive testimonials, comments, reviews, images or similar information (“Reviews”). As part of this Agreement you consent for us to exhibit, copy, publish, distribute, use on or in any of our website, pages, other social media sites, advertising, marketing campaigns or email communications any of these Reviews as we reasonably require to lawfully promote our business. You can withdraw your consent at any time by emailing us.

  6. By purchasing the Course you hereby agree and undertake that from the date of this Agreement:

     1. Not to infringe any of our or any other Group Member’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;

     2. That any Confidential Information disclosed by us or any other Group Member is confidential and proprietary, and belongs solely and exclusively to the person disclosing it;

     3. Not to disclose, communicate, reproduce, distribute, make available to or use for your own benefit, whether personally or commercially, and whether directly or indirectly any Confidential Information disclosed or provided by us or any Group Member, or use any materials and/or resources provided by us during delivery of the Course in any manner other than as necessary as part of your participation in the Course;

     4. Not to use any of our Confidential Information or other materials or resources for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation;

     5. That all information and data provided by us whether marked Confidential or not is our confidential and proprietary intellectual property and belongs solely and exclusively to us, and may only be used by you as expressly authorised by us and nothing in this Agreement constitutes a transfer of any intellectual property or grant of a license or any right to use unless expressly agreed in writing by us;

  7. As part of our delivery of the Services we shall grant to you personal, limited, non-transferable, nonexclusive, revocable access to use the materials and resources we provide solely for your private and personal use. This will become valid upon payment of the Fee and any other monies owing to us.

  8. Where any of the materials and resources we provide contain intellectual property belonging to a third party, your use of that material will be governed by that third party’s terms and it shall be your responsibility to seek consent to use that material. We will not be liable to you in connection with your use or attempted use of any materials which contain intellectual property belonging to a third party.

 

• Liability

  1. We have made every effort to accurately represent the Course and the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that you will achieve the same or similar results. Your individual success depends on many factors, including your background, dedication, desire, and motivation. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.

  2. We shall not be liable to you for any indirect, consequential or special damages.

  3. In the event you incur damages as a result of our default or violation of any of the terms of this Agreement, then our entire liability under this Agreement is limited to the Fee amount paid by you to us as at the time the loss is sustained.

  4. Throughout the duration of the Course and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm Claire Hill, her company, agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

  5. Should a dispute arise between us in connection with this Agreement which we are unable to resolve amicably then we both agree to refer the matter to an independent mediator for resolution. In the event an agreement can still not be reached then legal action can be commenced.

  6. Neither one of us shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure is due to any cause beyond that party’s reasonable control.

  7. You agree to indemnify us against any costs, liability, damages, loss, expenses, claims that we incur as a result of your default or violation of any term of this Agreement.

 

• Notice

  1. Any reference in this Agreement to the provision of a notice shall mean notice in writing sent by email to the email address included in this Agreement. All emails will be taken as delivered 48 hours from valid transmission.

  2. If you change your contact details including email address it will be your responsibility to notify us so that we can update your records.

 

• General

  1. The failure of either one of us to actively enforce any provision of this Agreement shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).

  2. In the event any provision of this Agreement 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.

  3. This Agreement represents the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to the date this Agreement is signed and no modification to this Agreement shall be effective unless in writing and signed by us both.

  4. You agree that no other representations have been made by us to induce you into purchasing the Course.

 

• Applicable Law

  1. This Agreement is formed in the United Kingdom, which is our principal place of business, and this Agreement and the rights of us both shall be governed by the laws of England and Wales.