By purchasing this course, you agree to the terms and conditions as set out below.  

Introduction  

In accordance with the terms and conditions set out within this Agreement the Coach agrees to provide the Services as defined below to the Client in exchange for payment of the Fee (as defined below).  

1.         The Programme  

1.1      By entering into this Agreement the Client understands and accepts that they are entering into the Goldmine (the “Programme”) which is to be delivered by way of Pre-Recorded Syllabus.  This course is aimed at professionals. Although some of the courses provided by AEKISS LTD are CPD accredited, it is important to note that they only provide theory CPD hours and are not a replacement for the practical component of your training. The courses are intended for use as masterclass’s only.  It is the responsibility of the student to undertake his/her own due diligence and formal qualification as accompanying elements, prior to purchase to guarantee his/her insurance status.

1.2      The Programme shall be delivered pursuant to the details set out in Schedule 1 to           this Agreement.  

1.3      The total cost of the Programme which the Client shall pay is £797.00 (“the Fee”) OR £951.00 for a payment plan. £317/month x 3 instalments. 

1.4      The Client agrees to make payment of the Fee to the Coach in accordance with the        payment terms set out in Schedule 2 to this Agreement.  

1.5      Where a payment plan has been agreed for payment of the Fee then the details of    such plan and the relevant instalments shall be set out in Schedule 2 to this                      Agreement.  

1.6      The Fee is to be paid to the Coach by PayPal, Stripe, Apple Pay, or bank transfer. Once cleared payment of the Fee (or cleared payment of the first instalment if a payment plan is agreed) is received by the Coach, the Coach shall provide a receipt to the Client              and shall confirm the date of the first Session.  

2.         The Services  

2.1      The services to be provided by the Coach as part of the Programme shall include: The pre-recorded delivery of the syllabus which is designed to support the Client in achieving growth within yourself and your business.  

2.2      In delivering the Services the Coach agrees to provide them with reasonable care           and skill.  

2.3      In delivering the Services the Coach may engage the services of their employees,   contractors and other third-party providers as necessary.   

2.4      In addition to the Services set out at Clause 2.1 above, the Client will get a minimum of two years access to the Course Syllabus and the resources contained therein. The Coach further agrees that, for 6 months after purchase, they shall be available to the Client by email at [email protected]. The Coach shall use all reasonable endeavours to respond to any email messages sent by the Client within 72 hours of receipt by the Coach.  

2.10    Should the Client require any further contact in addition to the scheduled Sessions   or the further contact as set out at Clause 2.9 above then such contact will be in addition to the Services agreed herein and a further agreement will need to be  arranged and separate terms agreed.  

2.11    In the event that the Client is invited to attend in person meetings, events, retreats  or similar then the Client shall be responsible for arranging and funding their own   travel and accommodation in order to participate in such activities.  

2.12    The Coach reserves the right to make amendments, revisions or changes to the  Programme or cancel, amend, change or reschedule any part of the Programme as   is reasonably required by the Coach. The Coach shall not be liable to the Client for any changes or cancellations that are made.   

  

3.         Client’s Obligations  

3.1      The Client accepts and acknowledges that entering into this Agreement does not                         establish any form of legal business relationship and that the Coach is only liable to the Client in respect of the Services provided and to the extent as set out herein.  

3.2      The Client accepts that as part of the Client’s participation in the Programme                    they may be required to review and make decisions concerning their personal and  home life, business and career, finances, lifestyle, education and development and             health and wellness and that any such reviews, subsequent decisions,                               implementation and action will be the sole responsibility of the Client.  

3.3      The Client accepts and understands that they are solely responsible for making                decisions and taking appropriate action as a result of any matters reviewed or                 discussed during the Programme and that the Coach shall not be liable for the                         Client’s failure to make decisions, put into action plans or strategy, or for any results       whether direct or indirect arising out of the Client’s participation in the Programme.  

3.4      The Client understands and accepts that engagement in the Programme and                    acceptance of the Services is not a substitute for counselling or other therapy                      services. In the event that the Client is currently undergoing medical or other                        professional help concerning their mental health then the Client should inform their          practitioner of the existence of this Agreement and the extent of the Services being    provided and inform the Coach if appropriate and relevant.  

3.5      The Client acknowledges that it is their responsibility to attend the Sessions as  agreed and during such sessions to participate fully, and communicate openly and   honestly.  

3.6      The Client understands that, once signed, this Agreement can only be cancelled or  terminated in accordance with the relevant provisions contained within this  Agreement and that refunds only apply as set out in Clause 5.  

3.7    The Client confirms that all information provided to the Coach, including information which is personal and/or confidential, is true, correct, up to date and complete.  

3.8    The Clients agrees and understands that participation in the Programme does not  guarantee results or success. As part of the Programme the Client will have access    to information, resources, people and support all designed to benefit the Client but it  is the Client’s responsibility to take action and to implement the necessary                                     information received and/or skills or tools shared.  

3.9    The Client accepts and understands that any materials and information provided              during the course of the Programme and delivery of the Services is for general                      information purposes only and does not constitute legal or financial advice.  

3.10    The Client agrees that they will not canvass, promote or advertise their products or  services to any employee, client or contractor of the Coach or use their participation  within the Programme to canvass, promote or advertise their products or services         without the Coach’s express consent, such consent not to be unreasonably                       withheld.  

3.11   The Client agrees that during the Programme and for a period of 12 months                      afterwards, that they shall not solicit any of the Coach’s clients or prospective                        clients without the Coach’s express consent, such consent not to be unreasonably withheld.  

3.12    The Client agrees that for the duration of the Programme and for a period of 24  months afterwards, that the Client will not employ, engage or attempt to induce,  employ, solicit or entice away from the Coach any of the Coach’s employees,  or contractors that were engaged, employed or contracted to the Coach at any point       during the period of the Programme without the Coach’s express consent in writing,  such consent not to be unreasonably withheld.   

3.13    The Client agrees to indemnify and hold harmless the Coach for any action taken   against the Coach due to the Client’s violation or disregard of:  

            a)        any provision of this Agreement;  

            b)        the Client’s participation in any way in the Programme.  

4.         Late Payment  

4.1      The Client is responsible for ensuring that payment of the Fee or any instalment of   the Fee is paid in full and on time in accordance with the payment terms set out in   Schedule 2 to this Agreement.  

4.2      If payment of the Fee or any instalment of the Fee is beyond 7 days overdue, then the Coach shall be entitled to any or all of the following remedies:  

            4.2.1   to withhold delivery of Services until payment has been made in respect of  the outstanding amount;  

            4.2.2   to apply a fixed sum charge of £60 to the Client’s account;  

4.2.3   to apply interest to the Client’s account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by the Coach. Interest will be calculated on the outstanding Fee at a rate of 8% over the Bank of England’s base rate from time to time.  

4.3      In the event a Client's account is beyond 30 days overdue the Coach shall be   entitled to instruct a collection agent or solicitor to seek recovery of the Fee along     with interest and any accrued costs incurred.  

5.  Refund Policy  

5.1      No refund policy shall apply to the Client’s purchase of the Programme.  

Due to the downloadable nature of this masterclass, we cannot offer refunds on your purchase. All sales are final. However, if you have any problems or feedback, please email us at [email protected]. Note that while due to regulations, EU buyers have the right to return an item within 14 days of receiving the item, this does not apply to digital content, especially when it's been accessed. For this reason, are masterclasses are not eligible for return.

6.         Termination  

6.1      This Agreement may be terminated by either party providing written notice in                    accordance with the terms of this Agreement in the following circumstances:  

            a)        either Party commits a material breach, and in the event that it is a                                      breach being capable of remedy, the Party in breach fails to remedy the                                     breach within 14 days of being notified of the breach by the other Party; or  

            b)        either Party commits a material breach which is incapable of being                                      remedied;   

6.2       The Coach will be entitled to limit the Services or suspend, and/or terminate the   Agreement without refund of any Fee, whether paid or remaining due and  payable, if the Coach reasonably determines that the Client:  

            a)        is becoming disengaged, disruptive or if the Client impairs the participation or  progress of the Programme and/or provision of the Services. For the                                   purposes of this Agreement the terms disengaged and disruptive shall be                               given their ordinary dictionary meaning and examples of such behaviour                            shall include, but not be limited to, displaying a lack of interest in the                               Services, repeatedly missing Sessions to be without reasonable justification                or reason, failing to positively contribute to discussions during Sessions or                                     other contact, repeatedly ignoring or failing to respond to emails or other                             messages, communicating in a way which is abusive or intended to cause                            offence to the Coach or any other Programme Participant; and/or  

            b)        is failing to follow or abide by any of the terms set out within this Agreement     or any other terms or guidelines as may be agreed whether such action  constitutes a material breach or not.   

6.3      Upon termination for any reason, the Client’s access to all Services, access to any     private social media accounts or groups, and any other online resources, will be      removed, unless expressly agreed otherwise. The Coach will not be liable to the  Client for any claims relating to the removal of that access.  

7.         Confidentiality, Intellectual Property and Data Protection  

7.1      In order to maximise the efficiency and results of the Programme the Client accepts      that they and other Programme Participants will be encouraged to disclose personal    and / or confidential information.   The Coach understands and respects the value of          such information and shall not, either directly or indirectly, communicate or disclose,       make available to, or use for his/her own benefit or for the benefit of any other  person or entity, the Client’s ideas, know-how, business practices, concepts and  techniques, plans, trade secrets, and other confidential and/or proprietary                          information (collectively, “Confidential Information”)   that the Client may disclose           to the Coach or that may be disclosed as part of the provision of the Services to                        which this Agreement relates.    

7.2      Confidential Information for the purposes of this Agreement excludes any                          information that:  

            a)        was already known to the Coach prior to being provided with that information                    by the Client;  

            b)        is already accessible in the public domain;  

            c)         is provided to the Coach by a third party separately from this Agreement and  without any breach of the terms of this Agreement; or  

            d)        is produced, developed or collated by the Coach independently of the Client  and without any breach of the terms of this Agreement.  

7.3      In the event information is provided to the Coach by the Client which causes the   Coach to fear that the Client is at risk of danger to themselves or others then in   such circumstances the Coach will be permitted to disclose such information as is    necessary for the protection of the Client or others.  

7.4      This clause will not apply in the event the Coach is subject to a relevant court or  other form of  legal or statutory order requiring disclosure by the Coach.  

7.5       By entering into this Agreement the Client hereby agrees and undertakes;  

            a)        not to infringe any of the Coach’s or any other Programme Participant’s   copyrights, patents, trademarks, trade secrets or other intellectual property  rights;  

            b)        that any Confidential Information disclosed by the Coach or another   Programme participant is confidential and proprietary, and belongs solely                                    and exclusively to the Coach or the Programme Participant that disclosed it;  

            c)         not to disclose such Confidential Information to any other person or use it in   any manner other than in discussion during Programme sessions;  

            d)        that all materials, information and any data provided by the Coach or a                               Program Participant are that individual’s confidential and proprietary                           intellectual property and belong solely and exclusively to them, and may                            only be used by the Client as expressly authorised by the Coach or the                              Programme Participant; and  

            e)        the reproduction, distribution, and/or sale of any information or materials    provided during provision of the Services or at any time thereafter by anyone                 but the Coach is strictly prohibited. The Client agrees that in the event of                            any breach of their obligations contained in this Agreement then damages,                        loss or irreparable harm may arise and that in such circumstances the Coach                        will be entitled to seek relief, including injunctive relief against the Client.  

7.6      As part of delivery of the Services the Coach will provide certain materials and resources under licence. These materials shall include, but not be limited to, Programme handouts, workbooks, Programme materials and resources. Where any of the materials and resources provided by the Coach contain intellectual property belonging to a third party and not the Coach, the use of that     material will be governed by that third party’s terms and it shall be the Client’s responsibility to seek consent to use that material. The Coach will not be liable to the Client in respect of the Client’s use or attempted use of materials which contain intellectual property belonging to a Third Party.  

7.7      The Coach will grant to the Client a personal, limited, non-transferable, non-                      exclusive, revocable license to access and use the materials and resources                   provided as part of the Programme solely for the Client’s business purposes and for             the purposes as intended by this Agreement.  

7.8      The Client must not use any of the materials or resources provided by the Coach  during delivery of the Programme for:  

            a)        any commercial purpose or benefit without first obtaining the Coach’s                                 express written permission and relevant license if applicable;  

            b)        any purposes which are unlawful, would cause harm or distress to another   person or would cause damage to our business or reputation.  

7.9      No recording of any of the Programme Sessions or any live webinars or video   resources that are shared by the Coach as part of the Programme is permitted  without the Coach’s express consent.       

7.10    In respect of the Services to be provided under this Agreement the parties                                     agree that in relation to any information, whether confidential or not, that is shared between the Parties that they shall be individually responsible to comply with any     and all relevant data protection laws and legislation.  

7.11    Any information or data that is provided by the Client pursuant to this Agreement,   including Confidential Information, will be maintained by the Coach and stored,                         accessed and processed in accordance with recognized data protection legislation.  

7.12    Both Parties agree to take appropriate steps to keep all information safe and secure       and to protect against loss and destruction, including accidental, and any unlawful  or unauthorized processing.  

7.13    Both Parties agree to providing a copy of all information held upon receipt of a proper and reasonable data request. Any such request shall be dealt with in a  reasonable time.  

7.14    All documentation and information provided to the Coach during the course of the  Programme will be retained in accordance with relevant retention guidance for a  period of no less than 6 years.  

7.15    The obligations set out within this Clause 7 shall survive the termination of this  Agreement.  

8.         Liability  

8.1      The Coach has made every effort to accurately represent the Programme and the  Services. Any testimonials and/or examples of results experienced are not intended  to represent or guarantee that anyone will achieve the same or similar results. Each   individual’s success depends on many factors, including his or her background,  dedication, desire, and motivation. As with any business endeavor, there is an             inherent risk of loss of capital and the Coach makes no guarantee, representation             or warranty with respect to the Services provided.  

8.2      The Coach will not be liable to the Client for any indirect, consequential or special  damages.  

8.3      In the event damages are incurred by the Client as a result of the Coach’s default or  violation of any of the terms of this Agreement, the Coach’s entire liability under this  Agreement is limited to the amount paid by the Client to the Coach as at the time the loss is sustained.  

8.4      During the term of this Agreement and at any time thereafter, the Client agrees to  take no action which is intended, or would reasonably be expected, to harm the  Coach, her agents, employees, contractors, or clients, or its or their reputation or                    which  would reasonably be expected to lead to unwanted or unfavourable publicity         to the Coach, her agents, employees, contractors, or clients.  

8.5      In the event a dispute arises in connection with this Agreement and the provision of  the Services which is incapable of being resolved by mutual consent then the  Parties agree to submit the matter for mediation by an independent mediator. In the  event a resolution is still not possible following mediation then legal action shall be          commenced.  

8.6      The Parties agree that they have adequate Insurance cover to meet any liabilities   that may arise in connection with this Agreement.  

9. Notice  

9.1      Where reference in this Agreement is made to the provision of a notice then any   such notice shall be validly served if sent by email, or first-class post to the                             address of the other party as set out in this Agreement and shall be deemed served            as follows:  

            a)   if sent by email, upon receipt of a valid delivery notification, if prior to 5pm UK  time, or at 9am the following business day;  

            b)  if by post, on the second business day after posting.   

10. General  

10.1    The failure of either Party to actively enforce any provision of this Agreement shall not prevent that party from subsequently seeking to enforce any term or obligation  of this Agreement and any such failure shall not constitute a waiver, diminution or  limitation of any right.  

10.2    In the event any provision of this Agreement is deemed to be invalid, or                              unenforceable for any reason then that provision shall be struck out and the                        remaining provisions shall remain valid and enforceable.  

10.3    This is the entire agreement between the Parties and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of this Agreement.   

10.4    Every effort will be made to carry out this Agreement and provide the Services, but the Coach shall not be liable for any delay or failure in provision of the Services should the Coach be prevented or delayed by reason of an Act of God, Strike, War,   Riots, Lock Outs, Fire, Flood, Accident, Delays in Transit, any Act or Omission of a          Telecommunications officer or Third Party Supplier of Services, or any other              circumstances beyond the Coach’s control. In such circumstances time of delivery             of Services shall be extended until a reasonable time after the event preventing or  interfering with the due execution, and under no circumstances will the Coach be    liable for any loss or damage suffered by the Client as a result thereof.  

10.5    The Coach acknowledges the importance of telecommunications to the delivery of   the Programme and agrees to use all reasonable endeavours to provide reasonable  contingency provisions to limit any impact or delay which may be caused to the  provision of the Services by delay or failure of Telecommunications services.                    Nothing in this provision will affect the application of this clause where an                                   unexpected event occurs.  

10.6    This Agreement is formed in the United Kingdom, the principal place of business for  the Coach and this Agreement and the rights of the parties to this Agreement shall  be governed by the laws of England and Wales. The Parties to this Agreement   submit to the exclusive jurisdiction of the Courts of England and the laws from time         to time in force.  

10.7    The Client agrees that no other representations have been made by the Coach to  induce the Client into entering into this Agreement and no modification to the terms  of this  Agreement shall be effective unless in writing and signed by both parties.  

10.8    Save as provided for in clause 8.4 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.  

10.9    The Client acknowledges that he/she has been given sufficient time to seek legal advice prior to entering into this Agreement.