online course Terms and Conditions
This page tells you the terms and conditions (Terms) on which we supply to you any of the courses (Courses) listed on our website www.freetobenlp.co.uk (our site) and www.mindsetdietacademy.co.uk. Please read these Terms carefully before ordering any Courses from our site.
You should print a copy of these terms and conditions for your future reference.
By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.
1. Information about us
www.freetobenlp.co.uk and www.themindsetdietacademy.co.uk are sites operated by Free to Be NLP and Coaching Ltd ("we" or “us”). Our address is 2 Sims Cottages, Braintree Road, Wethersfield CM7 4BX and our email address is [email protected].
2. Service availability
Our Courses are created by a business based in England and are primarily intended for customers resident in the United Kingdom. All prices and payments are in pounds sterling (GBP).
We may accept orders from customers outside the United Kingdom. If you purchase from another country, you are responsible for any currency-conversion charges imposed by your bank or payment provider.
Nothing in these Terms affects any mandatory consumer rights that apply to you in the country in which you live.
3. Your status
By placing an order through our site, you warrant and confirm that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You will only use a Course for your personal use and you may not sell, publish or distribute such document or use it in whole or in part to create another document.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Course. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access or download (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
4,2 The Contract will relate only to those Courses whose access or download we have confirmed in the Confirmation. We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Confirmation.
4.3 If you are purchasing a Course as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – namely you are buying the course as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, the following shall apply:
(a) you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at [email protected] or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
(b) notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 4.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
(c) in relation to the provision of any additional services under this Contract:
(i) you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
(ii) if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
If you are not purchasing as a consumer, the above provisions shall not apply.
5. Availability
5.1 Your order will be fulfilled automatically on your receipt of the Confirmation but in the event that our automated systems do not work immediately, please contact [email protected] to advise us that the Course has not been made available for access or download. As our systems are automated, we will not be liable for a temporary delay caused by circumstances outside our reasonable control. If you do not receive access within 24 hours after your Confirmation, please contact [email protected] so that we can investigate and restore access where appropriate.
5.2. The Course is supplied in English through a secure online learning portal, The Mindset Diet Academy, hosted on the HighLevel platform. Course materials may include streamed videos and PDF documents. Some PDF documents may be downloaded for your personal use where this is expressly indicated within the Course. Other PDF documents and all videos are provided for online viewing or streaming only unless expressly stated otherwise.
To access and use the Course, you will need a suitable computer, tablet or smartphone, a reliable internet connection, a current web browser, a valid email address and the ability to play video and audio and open PDF documents. You are responsible for ensuring that your device, software and internet connection meet these requirements.
Access is provided through your personal login details and is available for the period stated on the relevant Course sales or order page and in your order confirmation. Your login details must not be shared with another person. We may make reasonable updates to the Course materials or delivery platform, provided that these do not materially reduce the content or functionality of the Course you purchased.
6. Title and Intellectual Property
6.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.
6.2 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.
6.3 We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.
6.4 You may not without our prior written consent make any audio or visual recordings of any part of the course.
7. Price and payment
7.1 The price of each Course will be shown on the relevant sales or order page. Prices are stated in pounds sterling (GBP) and will include or have added any taxes that we are legally required to charge, as indicated at checkout.
7.2 Your purchase includes ongoing access to the Course without any recurring membership or renewal fee. Access will remain available for as long as Free to Be NLP and Coaching Ltd continues to operate and continues to provide The Mindset Diet Academy.
We may change the platform through which the Course is delivered, provided that this does not materially reduce your access to the Course content. If we intend to cease trading or permanently withdraw the Course, we will, where reasonably practicable, give you advance notice and an opportunity to download any Course materials that are designated as downloadable.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
7.4 Payment for all Courses must be by such method of payment as is specified on our website.
8. Refunds and Cancellations
8.1 If you purchase a Course as a consumer, your statutory cancellation rights are set out in clause 4.3.
8.2 Where you have expressly consented to the immediate supply of digital content and acknowledged that you will lose your right to cancel, your 14-day cancellation right will end when the supply of that digital content begins. Once supply has begun, we do not provide a refund merely because you have changed your mind.
8.3 Nothing in this section affects your statutory rights where the Course is faulty, is not as described, does not meet the standards required by law or has not been supplied with reasonable care and skill. Where applicable, we will provide the remedy required by consumer law.
8.4 Any refund due will normally be made using the same payment method that you used to purchase the Course.
9. Our liability
9.1 We will provide the Course in accordance with your statutory rights. Any digital content supplied as part of the Course will be of satisfactory quality, fit for any particular purpose that you make known to us before purchase and as described. Any services supplied as part of the Course will be performed with reasonable care and skill. Except as expressly stated in these Terms or required by law, we do not provide any additional warranties or guarantees in relation to the Course or the results that you may achieve.
9.2 Nothing in these terms attempts to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
9.3 Subject to clause 9.4 and to the fullest extent permitted by law, if we are liable for any loss or damage that is not excluded under these Terms, our total liability shall not exceed the amount you paid for the Course giving rise to the claim.
9.4 By purchasing a Course, you acknowledge that the Course is provided for educational and personal-development purposes. Subject to the provisions below, we shall not be liable for any indirect or consequential loss that was not reasonably foreseeable when you purchased the Course, including, but not limited to:
a. loss of income, profit, business, opportunity, anticipated savings or goodwill;
b. loss arising from decisions, actions or changes you make after using the Course materials;
c. loss resulting from your use of the Course for a purpose for which it was not designed; or
d. loss that was not caused by a breach of these Terms on our part.
The Course is designed to support reflection, mindset development and behaviour change. We do not guarantee that you will achieve any particular personal, health, wellbeing, eating, weight-management or habit-related outcome. Your results will depend on factors including your individual circumstances, participation and implementation of the Course materials.
The Course does not provide medical, psychological, psychiatric, nutritional or other regulated healthcare advice, diagnosis or treatment. It is not a substitute for support from an appropriately qualified healthcare professional. You should seek professional advice before making changes that may affect your physical or mental health, particularly if you have a medical condition, a history of disordered eating or concerns about your emotional wellbeing.
You remain responsible for deciding whether and how to apply the information provided in the Course. You should not disregard professional advice or delay seeking support because of anything contained in the Course. If an activity causes significant distress or appears unsuitable for your circumstances, you should stop the activity and seek appropriate professional advice.
We will use reasonable care and skill in providing the Course. Nothing in these Terms excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. breach of your statutory rights, including your right to receive services provided with reasonable care and skill; or
d. any other liability that cannot legally be excluded or limited.
Nothing in these Terms affects any rights or remedies available to you under applicable consumer law.
10. Written communications
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Notices
All notices given by you to us must be given to Caroline Tyrwhitt at [email protected] or 2 Sims Cottages, Braintree Road, Wethersfield CM7 4BX. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. Transfer of rights and obligations
12.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
14. Waiver
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
15. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied by anything said or written in negotiations between us before the Contract, except as expressly stated in these Terms.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
17. Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).
18. Law and jurisdiction
Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you are a consumer living outside England and Wales, nothing in this clause removes any mandatory consumer rights or rights relating to jurisdiction that apply to you under the law of the country in which you live.
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