People Mastery Academy Online Course Agreement

Last updated on 19 January 2025

TERMS AND CONDITIONS

Welcome to our “People Mastery Academy”. These terms apply when you sign up for our online course through our website, being www.missclairebenjamin.com any other websites we operate with the same domain name and a different extension (Website).

1. HOW TO READ THESE TERMS

In these terms, we also refer to ANXPLACE LIMITED (Company Number 15285376) trading as MISS CLAIRE BENJAMIN as “our”, “we”, or “us”. And you are you!

To make it easier for you to understand the terms on which we provide, and you use, the Online Course, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Online Course” in these terms, we mean our online communication course itself and any of the services provided during the Online Course, including access to our video content and associated materials (Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

2. ACCEPTING THESE TERMS AND CONDITIONS

Before you enrol for our Online Course, or otherwise engage with the Online Course, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with the Online Course, you agree to be bound by these terms.

3. ENROLLING FOR THE ONLINE COURSE

(a) To enrol into the Online Course, you will need to create an account (Account) and pay the Fees (as defined in clause 6(a)(i)).

(b) By creating an Account and paying the Fees or otherwise accessing the Online Course (Course Enrolment) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and

(ii) you are authorised to use the debit or credit card you provide for your Course Enrolment

(c) Enrolling in the Online Course constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Course that you have ordered in exchange for your payment of the total Fees listed upon checkout.

(d) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.

4. OUR COURSE

(a) The Online Course is designed to teach you about foundational skills that should enable you to navigate situations with others and enhance communications involving interpersonal relations.

(b) We will endeavour to ensure that the Online Courses provided will be substantially the same as the Online Course as described on our Website.

(c) Once we have received payment of the Fees you will be granted access to the Online Course. The Online Course is provided in a pre-recorded video format in addition to other materials, to be viewed online through your Account and which may be downloaded, however, they are not to be distributed, reproduced or republished by you in any way.

(d) You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.

5. YOUR ACCOUNT AND LICENCE

(a) The duration of the Online Course shall be for a period of 3 months (Course Term).

(b) You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes during the Course Term.

(c) By purchasing this Online Course, you are granted lifetime access to its content for as long as it remains available on our Website. In the event that we discontinue offering the Online Course, the materials may, subject to our sole discretion, be made available for download following the discontinuation for such period as may be communicated by us to you. This lifetime access is however subject to you not terminating this agreement in accordance with clause 22.1(a) or us terminating this agreement in accordance with clause 22.1(b).

(d) You must not give access to your Account to any other person.

(e) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

(f) Please note that all course materials, whether accessed via the Website or downloaded, are for personal use only. Redistribution, sharing, or dissemination of any course materials without our prior written consent is strictly prohibited.

6. PAYMENT

(a) (Fees) The Fees for the Online Course is GBP695 (Fees):

(b) (Instalments) The Fees may be paid upfront or in 6 monthly instalments of GBP134 each (each a “Monthly Instalment”).

(d) (Payment obligations)

(i) Should you decide to pay the entire Fees upfront, you must pay the Fees pursuant to our terms, and in full at the time of your Course Enrolment.

(ii) Should you opt to pay the Fees over 6 monthly instalments as mentioned in clause 6(b), you must pay each Monthly Instalment on its due date. In the event you fail to pay a Monthly Instalment when it becomes due and payable, we reserve the right to suspend your access to your Account until the outstanding Fees or the outstanding Monthly Instalment(s) are paid in full.

(e) (VAT) Unless otherwise indicated, amounts stated on the Website include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice to you.

(f) (Online payment partner) We may use third-party payment providers such as Stripe or Paypal (Payment Providers) to collect payments for the Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible www.missclairebenjamin.com and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.

7. VOUCHERS AND DISCOUNT CODES

(a) We may provide promotional offers and codes offering a discount on the Online Course (Voucher). To use a Voucher, you will need to enter its code at checkout.

(b) A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.

8. DISCLAIMER

(a) While Online Course have been prepared with every effort to help you with your own unique situation, the information provided in our Online Course is general in nature which is only designed to teach you about how you could have a constructive conversation and needs to be applied at your discretion.

(b) Our Online Course does not take into account your personal circumstances or specific goals. All information provided as part of our Online Course is not intended to be professional advice of any kind and should not be relied on as such.

(c) The modules forming part of the Online Course will be released and uploaded on the Website every 2 weeks over a period of 12 weeks along with a fortnightly Q&A session. Any advice provided via the Q&A session should be applied at the listener’s discretion. Should you require any clarifications regarding the content or subject matter of the Q&A session, please reach out to us via the Website.

(d) Many factors will be important in determining whether you achieve any actual results in relation to your unique situation and there is no guarantee that you will be able to successfully resolve that situation or any other personal or business goals (whether communicated to us or not) within any timeframe or at all. You should obtain appropriate financial, legal and other professional advice before relying on the information provided during our Online Course.

(e) We make no representation or guarantee that our Online Course will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Online Course you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your unique situation or otherwise by are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Online Course may not meet your specific needs, circumstances or goals.

(f) The Online Course is for training purposes only. We will not accept any responsibility to any party for the use of the Online Course for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.

9. COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy at www.missclairebenjamin.com contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

10 INTELLECTUAL PROPERTY

10.1 OUR IP

Intellectual Property Rights in the Online Course and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

10.2 DEFINITIONS

For the purposes of this clause 10:

(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

11. CHANGES TO YOUR COURSE ENROLMENT

(a) Once we confirm your Course Enrolment, we generally do not allow for change of mind cancellations or refunds of your Course Enrolment unless otherwise agreed by us in accordance with clause 22.1(a)(iii).

(b) Nothing in this clause 11 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Consumer Rights Act 2015 (UK).

12. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

Subject to your agreement of non-disparagement of us and the Online Course, you may publish general information about what you have learnt from the Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Online Course. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

13. DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference

14. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

14.1 THIRD PARTY GOODS AND SERVICES

(a) To provide you with the Online Course, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms).

(b) Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Online Course.

(c) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Online Course or any issues experienced in Course Enrolment.

(d) You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Online Course and you will need to cancel in accordance with this agreement.

14.2 THIRD PARTY CONTENT

The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

14.2 LINKS TO OTHER WEBSITES

(a) The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.

15. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.

16. REPORTING MISUSE

If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.

17. SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Online Course is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Online Course may have errors or defects;

(b) the Online Course may not be accessible at times;

(d) information you receive or supply through the Online Course may not be secure or confidential; or

(e) any information provided through the Online Course may not be accurate or true.

18. NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

19. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Consumer Rights Act 2015 (UK) (CRA). Under the CRA, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

20. LIABILITY

20.1 LIABILITY

(a) To the maximum extent permitted by law and subject to clause 1(a), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Online Course.

20.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Consumer Rights Act 2015 (UK).

20.3 We are not responsible to you for any data that you lose either; (a) As a result of accessing the Online Course; or (b) during completion of any Online Course via our website. It is your responsibility to back up all data which you hold on the computer to which you access the Online Course.

20.4 We will not be held responsible for any delay or failure to comply with its obligations under the terms of this agreement if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

21. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

22. TERMINATION

22.1 TERMINATION

(a) Your right to terminate

(i) You have the right to cancel the Course Enrolment within 14 days of the date of purchase of the Online Course (“Cooling-off Period”), in line with the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. However, by accessing any part of this Online Course content during the Cooling-off Period, you expressly agree to waive your right to cancel and forfeit your right to a refund.

(ii) If you decide to terminate your Course Enrolment during the Course Term (including the Cooling-off Period), and you have already accessed any part of the Online Course content, no refund will be provided. By accessing the course materials, you waive your right to a refund under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013.

(iii) We reserve the right to allow you to cancel and/or offer refunds (full or partial) at our sole discretion, depending on the circumstances. While we aim to be fair and reasonable in handling refund requests, the decision to provide a refund will be based on the specific situation and is not guaranteed. All refund decisions made by us are final.

(b) Our right to terminate

(i) We may terminate this agreement for cause by providing you a prior 10 Business Days’ written notice.

22.2 EFFECT OF TERMINATION

Upon termination of this agreement:

(a) your Account will be terminated and you will no longer have access to the Online Course;

(b) if you terminate this agreement for any reason in accordance with clause 22.1(a), any Fees paid shall be non-refundable. You will not be entitled to a refund for any unused portion of this Online Course or content unless otherwise agreed by us in accordance with clause 22.1(a)(iii);

(c) if we terminate this agreement pursuant to clause 22.1(b), we will refund you any Fees paid on a pro-rata basis, calculated from the date of termination to the end of the Course This refund will reflect the portion of the Online Course content that has not yet been accessed or provided to you;

(d) each party must return all property and Confidential Information to the other party;

(e) each party must comply with all obligations that are by their nature intended to survive the end of this agreement; and

(f) each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

23 GENERAL

23.1 GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

23.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

23.4 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

23.5 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

23.6 ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

23.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms/this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

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