LUCINDA GORDON LENNOX1 to 1 ultimate wholeness PROGRAMMESTANDARD TERMS & CONDITIONS
Background
These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which We will provide the 1-to-1 Ultimate Wholeness (the Ultimate Wholeness Programme) to You. Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase a place on the Ultimate Wholeness Prowess. If You do not agree to be bound by these Standard Terms & Conditions, You will not be able to purchase a place on the Warrior Prowess Programme.
1. Definitions and Interpretation
In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Account"
means an account created by You on the Platform through which You will be given access to the Programme Materials;
"Agreement"
means the agreement between You and Us pursuant to which We shall provide the Ultimate Wholeness Programme on the terms set out in these Standard Terms & Conditions;
"Business Hours"
means between the hours of 9.00 am and 5.00 pm Monday to Friday UK time (excluding public holidays and dates notified to You in advance on which Our Therapist is on annual leave);
"Commencement Date"
means the date of the Order Confirmation;
"Confidential Information"
means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed by Us as a result of or in connection with the Ultimate Wholeness Programme. Confidential Information may include (but is not limited to) information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, clients, practice, accounts, finances, trading, products, software or know-how, and includes the Programme Materials, whether that disclosure is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such;
"Consumer"
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to the Agreement means an individual customer who purchases a place on the Ultimate Wholeness Programme for their own personal use and for purposes wholly or mainly outside the purposes of any business;
"Data Protection Legislation"
means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party;
"Fees"
means the fees payable by You in order to participate in the Ultimate Wholeness Programme in accordance with Clause 7, as specified on Our Platform;
"Intellectual Property Rights"
means:
(c) rights in or in relation to Our Confidential Information including the Programme Materials;
(d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and
(e) the right to sue for past infringements of any of the foregoing rights;
(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions;
(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
(c) rights in or in relation to Our Confidential Information including the Programme Materials;
(d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and
(e) the right to sue for past infringements of any of the foregoing rights;
"Order"
means Your order for a place on the Ultimate Wholeness Programme;
"Order Confirmation"
means Our acceptance and confirmation of Your Order;
"Our Platform"
means Our online platform accessed at www.innerexpansionagency.com
"Our Therapist"
means Lucinda Gordon Lennox, or such other suitably qualified and experienced therapist as We may engage from time to time to deliver the Ultimate Wholeness Programme to You;
"Programme"
means the 1-to-1 Ultimate Wholeness Programme to be provided by Us to You as more fully described on Our Platform at the time You place Your Order;
"Programme Materials"
means any and all digital materials to which You may have access as a result of Your participation in the Ultimate Wholeness Programme (including but not limited to any recorded material, audio or video files and any other recorded material delivered by Us or on Our behalf; and written or downloadable materials, whether in soft or hard copy);
"Term"
means the period of six (6) calendar months from the Commencement Date;
"Us" or "We"
means LGL Therapy Limited, a limited company incorporated in England & Wales with company number 11101594
whose registered office address is at Collingham House 10-12 Gladstone Road, Wimbledon, London, England, SW19 1QT, and whose VAT number is [tbc]; and
"You"
means the person to whom We shall provide the Ultimate Wholness Programme under the Agreement.
2. How the agreement is formed
2.1
Our Platform will guide You through the process of placing Your Order.
2.2
No part of Our Platform constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase a place on the Inner Expansion Programme subject to these Standard Terms & Conditions. We may, at Our sole discretion, accept that offer. Our acceptance is indicated by Us sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legal, binding Agreement between You and Us.
2.3
If, for any reason, We cannot accept Your Order, then any Fees paid by You will be refunded to You as soon as possible.
2.4
We shall provide the Ultimate Wholeness Programme to You on the terms set out in these Standard Terms & Conditions, which are incorporated into the Agreement.
2.5
The Agreement shall come into force on the Commencement Date and shall continue until:
2.5.1 We have provided the Ultimate Wholeness Programme to You; or
2.5.2 the Term expires; or
2.5.3 the Agreement is otherwise terminated in accordance with Clauses 10 – 12.
2.5.1 We have provided the Ultimate Wholeness Programme to You; or
2.5.2 the Term expires; or
2.5.3 the Agreement is otherwise terminated in accordance with Clauses 10 – 12.
3. the programme
3.1
The Ultimate Wholeness Programme is only available to persons who are over the age of 18 and are Consumers.
3.2
A full description of the Programme appears on Our Platform, and shall include:
3.2.1 1-to-1 therapy sessions of one hour’s duration with Our Therapist, at the frequency specified in the Programme description on Our Platform, at times and on dates to be mutually agreed by You and Us;
3.2.2 message support provided by Our Therapist within Business Hours; and/ or
3.2.3 access via the Platform to the Programme Materials.
3.2.1 1-to-1 therapy sessions of one hour’s duration with Our Therapist, at the frequency specified in the Programme description on Our Platform, at times and on dates to be mutually agreed by You and Us;
3.2.2 message support provided by Our Therapist within Business Hours; and/ or
3.2.3 access via the Platform to the Programme Materials.
3.3
By agreeing to take part in 1-to-1 Sessions, You give us permission:
3.3.1 to use Eye Movement Desensitisations and Reprogramming (EMDR) as part of the 1-to-1 sessions; and
3.3.2 to record the 1-to-1 session for Your and Our later reference, if required.
3.3.1 to use Eye Movement Desensitisations and Reprogramming (EMDR) as part of the 1-to-1 sessions; and
3.3.2 to record the 1-to-1 session for Your and Our later reference, if required.
3.4
We shall make the Ultimate Wholeness Programme contents available to You for the Term on these Standard Terms & Conditions. If You choose not to access the 1-to-1 sessions or the Programme Materials, You will not be entitled to any refund of the Fees.
3.5
When You place an Order, You will be required to expressly acknowledge that You wish the Programme Materials to be made available for You to access immediately. You will also be required to expressly acknowledge that by accessing, downloading or streaming those Programme Materials, You will lose Your right to cancel (in accordance with Clause 10) if You change Your mind. Please see Clause 10 for more information.
3.6
We shall make all reasonable efforts to ensure that the general description of the Ultimate Wholeness Programme which appears on Our Platform corresponds to the actual Ultimate Wholeness Programme that will be provided to You. However, We reserve the right to update, enhance and / or change the precise contents of the Ultimate Wholeness Programme from time to time, at Our sole discretion.
3.7
We expect You to satisfy Yourself that the Ultimate Wholeness Programme will meet Your needs. Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, We do not make any guarantee that You will obtain any particular result from the Ultimate Wholeness Programme. Decisions as to whether and how to incorporate the principles discussed in the Ultimate Wholeness Programme are Yours alone, and results are different for each client depending on a number of factors which are outside Our control. You understand that any testimonials provided on Our Platform and/ or in Our other marketing materials do not and are not intended to represent or guarantee that any other client will receive the same or similar results for themselves as a result of participating in the Warrior Prowess Programme.
3.8
You understand that the Ultimate Wholeness Programme is not intended to be a substitute for medical advice (including but not limited to advice from a medical doctor, psychiatrist or other medical practitioner) and that it is Your responsibility to seek such independent medical advice for Yourself where necessary or appropriate. In particular, You must seek medical advice before making any changes to or ceasing to use any prescription medication or course of treatment.
4. scheduling of 1-to-1 sessions
4.1
1-to-1 sessions will take place online (via Zoom or similar online platform) at a fixed time and date as mutually agreed by You and Us in advance.
4.2
When taking part in the 1-to-1 sessions, You undertake to ensure that:
4.2.1 You are free from the influence of either alcohol or drugs;
4.2.2 You will provide Us with a list of all the prescription medicines you are currently taking;
4.2.3 the environment in which You attend the 1-to-1 sessions shall be safe and free from distractions;
4.2.4 You will inform Us if there is anyone else present or monitoring the 1-to-1 sessions; and
4.2.5 You have provided Us with the full contact details and a third-party emergency contact telephone number.
4.2.1 You are free from the influence of either alcohol or drugs;
4.2.2 You will provide Us with a list of all the prescription medicines you are currently taking;
4.2.3 the environment in which You attend the 1-to-1 sessions shall be safe and free from distractions;
4.2.4 You will inform Us if there is anyone else present or monitoring the 1-to-1 sessions; and
4.2.5 You have provided Us with the full contact details and a third-party emergency contact telephone number.
4.3
The Ultimate Wholeness Programme includes message support between 1-to-1 sessions, for the duration of the Programme. This additional support is available to clients during Business Hours, unless We advise You otherwise. Please allow at least 24 hours for a response. If, in the exercise of Our sole discretion, We decide that it is more appropriate to deal with Your message in depth at the next 1-to-1 sessions, then we will advise You of this.
4.4
If You are unable to attend a scheduled 1-to-1 session, You must advise Us by email at info@lucindagordonlennox.co.uk not less than 48 hours before the scheduled support call.
4.5
Provided You give 48 hours’ notice, as specified in Clause 4.4, You may postpone a 1-to-1 session to an alternative date and time without additional charge, by rebooking the session via Our Calendly account (or such other scheduling software as We may use from time to time)
4.6
If You do not give the notice specified in Clause 4.4 in respect of any 1-to-1 session, You will forfeit that session. For the avoidance of doubt, there will be no reduction or refund of Fees in respect of any forfeited 1-to-1 sessions.
4.7
1-to-1 sessions will last for 60 minutes (unless otherwise agreed with You in advance). If You arrive late for a 1-to-1 session, the time for the session will be reduced accordingly. There will be no corresponding reduction or refund in the Fees payable, and You will not be able to reschedule that 1-to-1 session.
5. our obligations
5.1
In providing the Ultimate Wholeness Programme to You, We shall provide Programme Materials which are of satisfactory quality and fit for purpose, and shall act at all times with reasonable skill and care consistent with prevailing standards in the psychotherapy industry in the United Kingdom. If we breach these terms, You may be entitled to a refund under Clause 11.1.
5.2
We shall ensure that Our Therapist and any other person(s) engaged by Us to provide the Ultimate Wholeness Programme to You have the requisite skills and experience to provide the said Programme.
5.3
Our obligations to You under the Agreement are limited to providing the Ultimate Wholeness Programme as described on Our Platform at the time of purchase. Any request You may make for additional advice or assistance outside the Ultimate Wholeness Programme shall not be included in the Fees. We may at Our sole discretion decline to deal with any such request or impose an additional charge for Our time. Any such charge will be agreed with You in advance.
5.4
We will make every reasonable effort to provide the Ultimate Wholeness Programme in a timely manner, at the date(s) and time(s) agreed with You. In certain circumstances, including (but not limited to) where We encounter a technical issue or in the case of illness or other events outside Our control, We may need to postpone a 1-to-1 session or the delivery of the Programme Materials. In these circumstances, We will give You as much notice as possible, and will agree a mutually convenient date and time for the postponed 1-to-1 Session with You. We shall not be liable for any delay in the provision of the 1-to-1 Sessions or access to the Programme Materials due to technical issues, illness or other events outside Our control.
5.5
We undertake that, during the course of the Agreement and after its termination, We will not disclose or use confidential information disclosed by You to Us in connection with Your participation in the Ultimate Wholeness Programme unless:
5.5.1 You have given Your written consent in advance;
5.5.2 the confidential information becomes public knowledge other than by reason of Our unauthorised disclosure;
5.5.3 We are required as matter of law to disclose that confidential information, or are disclosing that confidential information in order to seek advice from our professional advisers, from whom we shall seek undertakings as to confidentiality;
5.5.4 as a result of Your disclosure of confidential information to Us, We reasonably believe there to be an imminent or likely risk of harm to You or to others; or
5.5.5 the Confidential Information relates to illegal activity.
The obligations in this Clause 5.5 shall survive the termination of the Agreement.
5.5.1 You have given Your written consent in advance;
5.5.2 the confidential information becomes public knowledge other than by reason of Our unauthorised disclosure;
5.5.3 We are required as matter of law to disclose that confidential information, or are disclosing that confidential information in order to seek advice from our professional advisers, from whom we shall seek undertakings as to confidentiality;
5.5.4 as a result of Your disclosure of confidential information to Us, We reasonably believe there to be an imminent or likely risk of harm to You or to others; or
5.5.5 the Confidential Information relates to illegal activity.
The obligations in this Clause 5.5 shall survive the termination of the Agreement.
5.6
You acknowledge that Our Therapist(s) take part in coaching, including participating in supervision groups. You acknowledge and agree that Our Therapists may (as part of that coaching and supervision process) disclose issues which arise out of the 1-to-1 sessions, on a strictly no-names basis and without disclosing any identifying information.
5.7
For further information on Your rights as a Consumer, please contact your local Citizens’ Advice Bureau.
6. your obligations
6.1
During the course of the Ultimate Wholeness Programme, You undertake to:
6.1.1 communicate honestly;
6.1.2 provide promptly any information requested from You in connection with the support to be provided;
6.1.3 be open to feedback and assistance;
6.1.4 conduct Yourself in a responsible and courteous manner;
6.1.5 attend any 1-to-1 sessions on time;
6.1.6 ensure that You have a stable, reliable internet connection, a charged device and are able to access Zoom (or such other platform as You and We may use) for the duration of Your scheduled 1-to-1 sessions;
6.1.7 ensure that the space You use for the 1-to-1 sessions is free of others, in order to protect Your privacy and that of others around You; and
6.1.1 communicate honestly;
6.1.2 provide promptly any information requested from You in connection with the support to be provided;
6.1.3 be open to feedback and assistance;
6.1.4 conduct Yourself in a responsible and courteous manner;
6.1.5 attend any 1-to-1 sessions on time;
6.1.6 ensure that You have a stable, reliable internet connection, a charged device and are able to access Zoom (or such other platform as You and We may use) for the duration of Your scheduled 1-to-1 sessions;
6.1.7 ensure that the space You use for the 1-to-1 sessions is free of others, in order to protect Your privacy and that of others around You; and
6.1.8 commit to and participate actively and fully in the process.
6.2
Prior to or at Your first 1-to-1 session, You must inform Us of any special physical, medical, mental health, psychological or emotional or other requirement or condition of which You are aware which might be relevant to Your participation in that session or in the Ultimate Wholeness Programme generally.
6.3
You will need to create an Account on the Platform in order to access the Programme Materials, by creating a user ID and a password (together the Log In Details). You agree that You will not under any circumstances share Your Account or Your Log In Details with any other person. If You believe that Your Account or Your Log In Details are being used without Your permission, You must contact Us immediately at info@lucindagordonlennox.co.uk.
6.4
We reserve the right to suspend or terminate Your Ultimate Wholeness Programme and/ or Your access to the Platform if You materially breach the provisions of this Clause 6 or any of the other provisions of the Agreement. If We suspend or terminate Your Ultimate Wholeness Programme in this way, no refund shall be due in respect of the Fees.
7. fees
7.1
In consideration for Us providing the Ultimate Wholeness Programme to You, You agree to pay the Fees in accordance with this Clause 7. The Fees shall be the fees displayed on Our Platform for the Ultimate Wholeness Programme at the time You enter into the Agreement. The Fees displayed on the Platform are exclusive of VAT, unless stated otherwise.
7.2
The Fees shall be payable in one lump sum payment on entry into the Agreement, or (by agreement with Us) by instalments, in each case via the payment gateway on the Platform.
7.3
If We agree to accept payment of the Fees in instalments, and You default on payment of an instalment, all remaining instalments will immediately become due and payable.
7.4
Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.
7.5
You shall be responsible for all incidental costs You may incur in connection with Your access to the Ultimate Wholeness Programme (including but not limited to telephone and/ or internet costs of accessing the Programme).
7.6
If the Fees are not paid in accordance with Clause 7.1 above, We reserve the right to:
7.6.1 charge interest on any overdue sum at the rate of 4% per annum above the base rate of Barclays Bank PLC from time to time. Interest under this Clause 7.6.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand;
7.6.2 suspend Your access to the Ultimate Wholeness Programme until payment of all outstanding instalments (together with any interest charged under Clause 7.6.1 above) is made in full; and/ or
7.6.3 terminate the Agreement, in accordance with Clause 12.1.
7.6.1 charge interest on any overdue sum at the rate of 4% per annum above the base rate of Barclays Bank PLC from time to time. Interest under this Clause 7.6.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand;
7.6.2 suspend Your access to the Ultimate Wholeness Programme until payment of all outstanding instalments (together with any interest charged under Clause 7.6.1 above) is made in full; and/ or
7.6.3 terminate the Agreement, in accordance with Clause 12.1.
7.7
We make all reasonable efforts to ensure that the Fees shown on Our Platform are correct. We reserve the right to change the Fees from time to time and as necessary. However, any such changes in Fees will not affect You once You have entered into the Agreement.
8. confidential information
8.1
In the course of providing the Ultimate Wholeness Programme to You, We may disclose Confidential Information to You. You undertake that You will, at all times during the continuance of the Agreement and after its termination:
8.1.1 keep confidential all Confidential Information;
8,1.2 not disclose any Confidential Information to any other person;
8.1.3 not use any Confidential Information other than for the purpose of You participating in the Ultimate Wholeness Programme and subject to these Standard Terms & Conditions; and
8.1.4 not make any copies of, record in any way or part with possession with any Confidential Information.
8.1.1 keep confidential all Confidential Information;
8,1.2 not disclose any Confidential Information to any other person;
8.1.3 not use any Confidential Information other than for the purpose of You participating in the Ultimate Wholeness Programme and subject to these Standard Terms & Conditions; and
8.1.4 not make any copies of, record in any way or part with possession with any Confidential Information.
8.2
The obligations contained in this Clause 8 shall survive the termination of the Ultimate Wholeness Programme and of the Agreement.
9. intellectual property
9.1
All Intellectual Property Rights subsisting in Our Platform and in the Programme Materials shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate). Nothing in the Agreement shall vest in You any rights in the Programme Materials or any other material provided by or belonging to Us (or Our licensors, as appropriate).
9.2
When We provide You with access to the Programme Materials, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Programme Materials for the purposes of completing the Ultimate Wholeness Programme for Your own personal non-commercial purposes, and for no other purpose. The licence granted to You does not give You any rights in the Programme Materials (including any material that We may licence from third parties).
9.3
You may not, for the term of the Agreement and after its termination:
9.3.1 copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Programme Materials (or any part of them) or make the Programme Materials (or any part of them) available to any other person; or
9.3.2 use the Programme Materials in the provision of any other course, therapy or training.
9.3.1 copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Programme Materials (or any part of them) or make the Programme Materials (or any part of them) available to any other person; or
9.3.2 use the Programme Materials in the provision of any other course, therapy or training.
10. Legal right to cancel and ‘cooling off’
10.1
If You are a Consumer in the United Kingdom or the EU, You have the legal right to a “cooling off” period during which You can cancel the Agreement for any reason and obtain a refund. This “cooling off” period begins on the day after the date on which You enter into the Agreement, and ends:
10.1.1 when you access, download or stream any Programme Materials; or
10.1.2 (provided You have not accessed, downloaded or streamed any Programme Materials) 14 calendar days from the day after the date on which You enter into the Agreement.
This right to a “cooling off” period does not apply if You enter into the Agreement wholly or mainly for purposes relating to a business.
10.1.1 when you access, download or stream any Programme Materials; or
10.1.2 (provided You have not accessed, downloaded or streamed any Programme Materials) 14 calendar days from the day after the date on which You enter into the Agreement.
This right to a “cooling off” period does not apply if You enter into the Agreement wholly or mainly for purposes relating to a business.
10.2
If You purchase a place on the Ultimate Wholeness Programme by mistake, please inform Us as soon as possible and do not attempt to access any Programme Materials. Provided You have not accessed any Programme Materials since the Commencement Date, You may exercise Your right to cancel referred to in Clause 10.1 and You will receive a refund of Fees paid. If You have accessed any Programme Materials after the Commencement Date, We will not be able to offer any refund and You will continue to have access to the Ultimate Wholeness programme and the Programme Materials for the remainder of the Term.
10.3
If You wish to exercise Your right to cancel under Clause 10.1 above, You must inform Us of Your decision within the “cooling off” period. You may inform Us of this in any way You wish. However, for Your convenience, a sample cancellation notice is included in the Schedule to these Standard Terms & Conditions. If You cancel by email, Your cancellation is effective from the date on which You send Your cancellation. Any cancellation notice should be sent to us by email at info@lucindagordonlennox.co.uk.
10.4
If You schedule a 1-to-1 session during the “cooling off” period referred to in Clause 10.1, and then subsequently cancel the Agreement during the “cooling off” period, but have not accessed any Programme Materials, You will be required to pay the Fees representing the value of the 1-to-1 sessions You have received, as determined by Us. The balance of any Fees that have already been paid by You will be refunded to You within 14 days of Your cancellation, less any sums deducted in accordance with this Clause 10.4. If You have accessed the Programme Materials, You will not be entitled to a refund under this Clause 10.4; see Clause 10.1.
10.5
Any refunds made under this Clause 10 will be made using the same payment method You used when paying the Fees.
11. Cancellation after the “cooling off” period
11.1
You may cancel the Agreement outside the “cooling off” period referred to in Clause 10 if We have committed a material breach of the Agreement, You have given Us written notice of that breach, and We have failed to remedy the said breach within 14 days of Your notice.
11.2
If You wish to cancel the Agreement in accordance with Clause 11.1, and are able to establish that We have materially breached the Agreement:
11.2.1 You should inform Us in writing at info@lucindagordonlennox.co.uk; and
11.2.2 You may be entitled to a full or partial refund of the Fees paid by You.
For more details of Your legal rights in the event of a breach of the Agreement by Us, please contact Your local Citizens’ Advice Bureau.
11.2.1 You should inform Us in writing at info@lucindagordonlennox.co.uk; and
11.2.2 You may be entitled to a full or partial refund of the Fees paid by You.
For more details of Your legal rights in the event of a breach of the Agreement by Us, please contact Your local Citizens’ Advice Bureau.
11.3
Any refunds made under Clause 11.2.2 will be made using the same payment method You used when paying the Fees.
11.4
Subject to Clause 11.1 above, once the “cooling off period” referred to in Clause 10 has expired, You may cancel the Agreement if You wish. However, You will continue to be liable for the Fees (or any part thereof) due under this Agreement for the remainder of the Term and shall not be entitled to any refund.
12. Our right to terminate the Agreement
12.1
We shall have the right to terminate the Agreement immediately if You breach any of the terms set out in the Agreement including, but not limited to:
12.1.1 Your obligations as set out in Clause 6;
12.1.2 Your obligation to pay the Fees in full and on time, in accordance with Clause 7; and
12.1.3 Your obligations in respect of Our Confidential Information (Clause 8) and Our Intellectual Property (Clause 9).
12.1.1 Your obligations as set out in Clause 6;
12.1.2 Your obligation to pay the Fees in full and on time, in accordance with Clause 7; and
12.1.3 Your obligations in respect of Our Confidential Information (Clause 8) and Our Intellectual Property (Clause 9).
12.2
If We terminate the Agreement under Clause 12.1, You shall not be entitled to any refund of the Fees paid by You (in whole or in part).
12.3
We shall have the right to terminate the Agreement if an Event Outside Our Control occurs, or if We are unable to provide or continue to provide the Ultimate Wholeness Programme (or part of it) due to the non-availability of the necessary personnel and/ or materials.
12.4
If We terminate the Agreement under Clause 12.3, You shall only be required to pay the Fees for the part of the Ultimate Wholeness Programme that We have already provided as at the date of termination. This sum will be deducted from any refund due to You.
13. Effects of cancellation or termination
13.1
Upon cancellation or termination of the Agreement under Clauses 10 - 12 above, for any reason:
13.1.1 any outstanding Fees due from You to Us in accordance with the Agreement shall become immediately due and payable;
13.1.2 the licence granted to You by Us under Clause 9.2 shall terminate immediately;
13.1.3 You will cease to have access to the Programme Materials through the Platform;
13.1.4 We may require You to destroy any soft or hard copies of the Programme Materials that are in your possession, custody or control, and to confirm to Us in writing (on our request) that You have done so.
13.1.5 all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
13.1.6 termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and
13.1.7 subject as provided in this Clause 13, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
13.1.1 any outstanding Fees due from You to Us in accordance with the Agreement shall become immediately due and payable;
13.1.2 the licence granted to You by Us under Clause 9.2 shall terminate immediately;
13.1.3 You will cease to have access to the Programme Materials through the Platform;
13.1.4 We may require You to destroy any soft or hard copies of the Programme Materials that are in your possession, custody or control, and to confirm to Us in writing (on our request) that You have done so.
13.1.5 all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
13.1.6 termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and
13.1.7 subject as provided in this Clause 13, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
14. our liability
14.1
Subject to the remainder of this Clause 14, We will be responsible for any foreseeable loss and damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
14.2
We make reasonable efforts to ensure that the Programme Materials are accurate, complete and up-to-date at the time they are delivered. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this regard. We are under no obligation to update the Programme Materials after they have been provided to You.
14.3
Without prejudice to the generality of Clauses 14.1 and 14.2, all warranties and representations are excluded to the fullest extent permitted by law.
14.4
The Ultimate Wholeness Programme including the Programme Materials are intended for non-commercial use only. Accordingly, We shall not be liable in respect of any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any other indirect, special or consequential loss or damages.
14.5
We shall not be liable if You are unable to access the Ultimate Wholeness Programme and/ or the Programme Materials for any reason that is beyond our reasonable control.
14.6
We (and the persons engaged by Us to provide the Ultimate Wholeness Programme) are not acting in the capacity of doctor, psychiatrist or other licensed or registered medical professional, and any advice given by Us or on Our behalf is not intended to take the place of such medical advice. We do not not prescribe or provide medical services, or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Any changes in medication or treatment should be discussed with a doctor or psychiatrist, and You should not discontinue any prescription medicine or treatment without first consulting Your doctor or psychiatrist.
14.7
Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees paid or payable by You to Us under the Agreement
14.8
Nothing in these Standard Terms & Conditions or in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded as a matter of law, or to limit Your rights as a Consumer.
15. events outside our control
We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control. Such causes or events may include, but are not limited to: power failure, internet service provider failure, service interruptions on the Platform, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster or any other event that is beyond Our reasonable control.
16. data protection
16.1
All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.
16.2
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy on Our Platform.
16.3
You hereby consent to Us holding, processing and accessing Your personal data, including Your sensitive personal data, for all purposes relating to provision of the Ultimate Wholeness Programme under the Agreement, in accordance with Our Privacy Policy and this Clause 16.
17. no waiver
No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
18. Assignment, Sub-Contracting and Third Party Rights
18.1
We may transfer (assign) Our rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will be bound by them.
18.2
You may not transfer (assign) Your obligations and rights under the Agreement.
18.3
We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.
18.4
The Agreement is between You and Us. No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
18.5
Subject to the above provisions of this Clause 18, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.
19. severance
In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.
20. Entire agreement and variations
20.1
The Agreement contains the entire agreement between You and Us with respect to its subject matter
20.2
You and We acknowledge that, in entering into the Agreement, neither You nor We have relied on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.
20.3
We may revise these Standard Terms & Conditions. We will give you reasonable advance notice of any such changes and provide details of how to cancel if You do not agree to them.
21. Contact details, feedback and complaints
21.1
If You wish to contact Us with general questions, You may contact Us by email at info@lucindagordonlennox.co.uk. For matters related to cancellations, please see Clauses 10 and 11 above.
21.2
We always welcome feedback from Our clients, and will use all reasonable endeavours to ensure that your experience of the Ultimate Wholeness Programme is a positive one. If You do have any complaints or issues with the Ultimate Wholeness Programme or services provided by Us or on Our behalf, please contact us as soon as possible at info@lucindagordonlennox.co.uk. We will work collaboratively with You to attempt to resolve those issues in a constructive way in accordance with Our Complaints Policy (which is available on request). We also commit to resolving any issues You may have quickly and effectively.
22. Governing law and jurisdiction
22.1
Any dispute, controversy or claim arising out of or in connection with the Agreement shall be governed by, and construed in accordance with the law of England & Wales.
22.2
As a Consumer, any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales, Scotland or Northern Ireland as determined by Your residency.
schedule
model cancellation form
To: LGL Therapy Limited
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date:
I hereby give notice that I wish to cancel the 1-to- 1 Ultimate Wholeness Programme Agreement between us dated [insert date] (the “Agreement”).
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date:
-
I confirm that I entered into the Agreement as a consumer, and not wholly or partly for the purposes of any business. I understand that if I have requested and received access to the Ultimate Wholeness Programme during the 14 day “cooling off” period and then cancel the Agreement during the “cooling off” period, I will be required to pay for that part of the Ultimate Wholeness Programme and any related services that has been provided to me at the point of cancellation.
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