T's & C's

Terms and Conditions for online courses and materials 2024

Terms and Conditions for online courses and materials

These terms and conditions apply to purchases of my online courses only, which are for your personal use only.

If you are booking coaching services with me I will send separate details to you before our work together begins.

If you are a business customer, please email Alice at [email protected] for business terms and conditions.

These terms are divided into 2 parts, as follows:

if you are purchasing the Services for your own personal use, please read part 1 of these terms;
if you are purchasing the Services on behalf of participants, but you will not be utilising the Services yourself, please read part 1 of these terms,
if you are undertaking a course or accessing our materials but you did not purchase them directly, please read part 2 of these terms.

Part 1 of the Terms

Online course terms and conditions

These terms and conditions represent an agreement between you and Alice Darbyshire Ltd and are legally binding. It is your responsibility to read these Terms and Conditions of use carefully prior to purchase, use or access of any of our online products, including our online courses (“the Services”).

The terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us using the contact details provided below.

About us

We are Alice Darbyshire Ltd, a company registered in England and Wales. Our company registration number is 10261589 and our registered business address is in Seaview, United Kingdom.

If you need to contact us, please write to us at [email protected].

If we need to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.

Our contract with you

We consider that a contract comes into place after we have accepted your order via email.

If we are not able to accept your order for any reason, we will write to you by email and will not charge you for the Services unless you have already received them. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.

Your rights to make changes

If you wish to make a change to the Services you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes

There may be times when we make changes to the Services. This may include if there is a change in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.

There may be times when we make more significant changes to the Services and these terms and if we do so we’ll notify you as soon as reasonably possible of these changes. Any changes, amendments, suspension of Services or Service content will be made at our sole discretion.

Providing you with the Services

We will provide the Services, as far as reasonably possible, in accordance with the times and dates which have been advertised on our website and as follows:

If the Services are one-off Services we will make every effort to begin the Services on the agreed date and times. The date may be changed without notice but we will make reasonable efforts to ensure you are aware of the change as soon as possible.
If the Services are ongoing Services we will supply the Service or digital content to you until either the Services are completed or the subscription expires (if applicable) or you end the contract or by giving you written notice to end the contract.

About delays in the supply of our Services

If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effects of the delay.

We may need certain information from you so that we can supply the Services to you. If so, this will have been stated in the description of the Services on our website or as part of the order process. We will contact you to ask for this information. If you do not give us this information

within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us information we need within a reasonable time of us asking for it.

We may have to suspend the supply of any Services to you to deal with technical problems or make minor technical changes or to update the Services to reflect changes in relevant laws and regulatory requirements or as otherwise reasonably necessary and at our sole discretion.

We may also suspend supply of the Services if you do not pay for the Services when you are supposed to and you still do not make payment within 24 hours of us reminding you that payment is due. We will adjust the price so that you do not pay for Services while they are suspended.

Your rights if we suspend the supply of Services

We will, where possible, contact you in advance to tell you we will be suspending supply of the Services, unless a problem is urgent or an emergency. We will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for the Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the Services which you have not received.

Warranties

Whilst we make reasonable efforts to include accurate information regarding the Services we provide on our website, errors or omissions may occur. We will make reasonable efforts to ensure that errors or omissions are corrected as quickly as possible after we become aware of them. We make no representation or warranties regarding the accuracy, completeness, performance or fitness for purpose of any of the Services we provide, that the Services will meet your requirement, or as to the results which may be achieved from using any of the Services.

About your rights to end the contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, how we are performing and when you decide to end the contract.

If you are a consumer then for most Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained here:

Your right as a consumer to change your mind does not apply in respect of:

Digital Services after you have started to download or stream these; and
Services, once these have been completed, even if the cancellation period is still running

If you are a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered:

If you have bought Services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
If you have bought digital content for download or streaming, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start

downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.

How to end the contract with us (including if you are a consumer who has changed their mind)

To end the contract with us, please let us know by emailing us at [email protected]. Please provide your name, contact address, details of the order and, where available, your phone number and email address.

How refunds are made

If you are entitled to a refund under these terms we will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price as described below:

If you are a consumer exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Service for the period for which is was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

Further details of your rights as a consumer can be found on the UK Government website here - https://www.legislation.gov.uk/uksi/2013/3134/made.

Our rights to end the contract

We may end the contract for a Service at any time be writing to you if:

You do not make any payment to us when it is due and you still do not make payment within 24 hours of us reminding you that payment is due;
You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.

If we end the contract in the situations set out above we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

We may stop providing or withdraw the Services at our sole discretion. We will let you know as soon as possible of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

If there is a problem with the Services

If you have any questions or complaints about the Services, please contact us. You can write to us at [email protected].

If you are a consumer we are under a legal duty to supply Services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

Pricing and payment

The price for the Services are set on the order pages or via an email to you when you placed your order. We take all reasonable care to ensure that the price of the Services is correct and will correct any error as soon as possible.

The price for the Services will be exclusive of Value Added Tax (“VAT”). When VAT is applicable to Services it will be displayed on the order pages when you place your order. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in VAT takes effect.

We accept payment with credit or debit card via Stripe or by direct bank transfer, if you have received an invoice. You must pay for Services in full before you download, stream or otherwise access the content. If you are using an option to pay by instalments, you acknowledge and agree to pay the full amount quoted to you at the time of the purchase, unless you are eligible to cancel within the 14-day cooling off period mentioned above.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the annual rate of 5% (five percent) above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Our responsibility for loss or damage suffered by you as a consumer

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

We are not liable for business losses. If you are a consumer we only supply the Services to you for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in the clause below – our responsibility for loss or damage suffered by you if you are a business.

Our responsibility for loss or damage suffered by you if you are a business Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

Except to the extent expressly stated in these terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Subject to that outlined in the clause above, ‘Our responsibility for loss or damage suffered by you as a consumer’:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
we offer no representation or warranty of any kind, either express or implied including warranties of title, non-infringement or implied warranties of fitness for a particular purpose
you accept all responsibility and obligations in respect of any decisions, advice, conclusions or recommendations made or given as part of or use of the Services. • you accept that there is no guarantee that you will earn any money or achieve any particular results from using the ideas or techniques provided in connection with the

delivery of the Services. The information provided as part of the Services is intended for information purposes only, for a general audience and not as specific advice tailored for an individual or business. No information provided in connection with the Services shall be construed as financial or accounting, legal or other professional advice and you should seek independent and appropriate professional advice in this regard.
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount paid for each particular Service or the sum of £100 whichever sum shall be the lesser amount.

Your responsibilities in relation to the Services

You have certain responsibilities in relation to the Services you purchase from us. You agree that you are purchasing our Services for non-commercial use only. You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from us unless agreed with us in writing.

You are responsible for ensuring that you do not lose, destroy, or damage any Services you purchase through this website.

You are responsible for ensuring that any hardware you use to download and/or access the Services functions correctly with this website or any alternative platform on which we make the Services available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.

You acknowledge and agree that other users may share personal and sensitive information, and you may have access to this personal and sensitive information in your time as a user. Without reservation you agree to keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained. You acknowledge and agree that any information you share as a user is done so entirely at your own risk. We take no responsibility or liability for the release of any information by any users.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You acknowledge and agree that we are not licensed psychiatrists, psychologists, mental health professionals or medical professionals, and the Services are not intended to replace those of such professions. At no time should any of the Services be considered a substitute for professional medical or mental health services, nor should the Services be construed as professional therapy. Neither we nor our Services are intended to treat, diagnose, cure or prevent any disease or disorder. If at any time you need medical or psychological treatment, it is your sole responsibility to seek it out.

engagement and implementation on your part. You acknowledge and agree that any statements made by us regarding potential outcomes are opinions and are not binding on us. We may provide testimonials from previous clients, which are not to be relied upon to predict results in your specific situation. We may provide real-life examples or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation.

You acknowledge and accept that you are responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising in connection with the Services we provide. You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the Services.

Intellectual property

All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and are the property of Alice Darbyshire Ltd or the properly attributed party. It is a violation of law to use any of our intellectual property in whole or in part, and modification of any materials contained or provided in the Services is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may:

Access the Services for your individual use;
Download and/or print any Service materials for your individual use.

You may not:

Re-sell or trade your access to the Services;
Share the Services with anyone else who has not yet purchased it or opted to receive it; • Reprint any portion of the Services, except as set forth above and for your own individual use;
Republish any of the Services, in part or in whole;
Distribute any of the materials contained in the Services for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers;
Use of our Services or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Licence

We grant you a non-exclusive, non-transferrable, non-sublicensable, revocable license for a period of 12 months from the date of purchase of the Services, to use the Services, including the

products (subject to payment, where applicable), for your personal use only, in accordance with these terms. We reserve all rights that we do not expressly grant in these terms.

Your purchase of any Course only entitles you to view that Course in accordance with the foregoing licence, and is not a purchase of the content constituting or included in the Course. More specifically, unless explicitly authorised in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Course(s). You may, however, download and/or print a copy of the individual pages of the Course for your individual use, provided that you keep intact all copyright and other proprietary notices.

The licence is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.

We reserve the right to terminate your access to the website and the Course(s) at any time and without providing any refund or cancelling your obligation to make instalment payments where applicable, if we find that you violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation.

Request for permission to use content

If you wish to use, publish or refer to any of our content, Course(s) or related materials, you must do so by requesting permission prior to commencing use of the same by email. Please email us at [email protected]. Permission is not granted until you receive such permission in writing.

Links

The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective administrators or webmasters.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice, a copy of which is available at www.alicedarbyshire.com

Other important terms

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.

Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Part 2 of the Terms

Online course terms and conditions

About us

We are Alice Darbyshire Ltd, a company registered in England and Wales. Our company registration number is 10261589 and our registered business address is in Seaview, United Kingdom.

If you need to contact us, please write to us at [email protected].

If we need to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.

Warranties

If there is a problem with the Services

If you have any questions or complaints about the Services, please contact us. You can write to us at [email protected].

If you are a consumer we are under a legal duty to supply Services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

Our responsibility for loss or damage suffered by you as a consumer

foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

Our responsibility for loss or damage suffered by you if you are a business Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

Subject to that outlined in the clause above, ‘Our responsibility for loss or damage suffered by you as a consumer’:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
we offer no representation or warranty of any kind, either express or implied including warranties of title, non-infringement or implied warranties of fitness for a particular purpose
you accept all responsibility and obligations in respect of any decisions, advice, conclusions or recommendations made or given as part of or use of the Services.
you accept that there is no guarantee that you will earn any money or achieve any particular results from using the ideas or techniques provided in connection with the delivery of the Services. The information provided as part of the Services is intended for information purposes only, for a general audience and not as specific advice tailored for an individual or business. No information provided in connection with the Services shall be construed as financial or accounting, legal or other professional advice and you should seek independent and appropriate professional advice in this regard.
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount paid for each particular Service or the sum of £100 whichever sum shall be the lesser amount.

Your responsibilities in relation to the Services

You are responsible for ensuring that you do not lose, destroy, or damage any Services you purchase through this website.

Whilst we have utilised in creating the Services, and will at all times in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the Services as any such outcome will vary based on the level of effort, engagement and implementation on your part. You acknowledge and agree that any statements made by us regarding potential outcomes are opinions and are not binding on us. We may provide testimonials from previous clients, which are not to be relied upon to predict results in your specific situation. We may provide real-life examples or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation.

Intellectual property

All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and are the property of Alice Darbyshire or the properly attributed party. It is a violation of law to use any of our intellectual property in whole or in part, and modification of any materials contained or provided in the Services is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may:

Access the Services for your individual use;
Download and/or print any Service materials for your individual use.

You may not:

Re-sell or trade your access to the Services;
Share the Services with anyone else who has not yet purchased it or opted to receive it; • Reprint any portion of the Services, except as set forth above and for your own individual use;
Republish any of the Services, in part or in whole;
Distribute any of the materials contained in the Services for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers;
Use of our Services or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Licence

We grant you a non-exclusive, non-transferrable, non-sublicensable, revocable license for a period of 12 months from the date of purchase of the Services, to use the Services, including the products (subject to payment, where applicable), for your personal use only, in accordance with these terms. We reserve all rights that we do not expressly grant in these terms.

The licence is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.

Request for permission to use content

Links

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice, a copy of which is available at www.alicedarbyshire.com.

Other important terms

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

Terms and Conditions for online courses and materials 2024

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