- Website privacy notice
- General payment terms and conditions
- Training, workshops, programmes, coaching & one-to-one sessions
- Making a complaint to Psycademy
This privacy notice provides you with details of how we collect and process your personal data through your use of our group of wesites including, but not limited to https://www.psycademy.co.uk, http://abundantspiritualleader.com/, http://drlisaturner.com/, http://spiritualpractitionertraining.com/, including any information you may provide through our sites when you purchase a product or service, sign up to our newsletter or take part in a prize draw, quiz or competition.
By providing us with your data, you warrant to us that you are over 13 years of age.
Psycademy Ltd is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Our full details are: Psycademy Ltd, Rosecare Villa Farm, St. Gennys, Bude, Cornwall, EX23 0BG
Full name of legal entity: Psycademy Ltd
Email address: email@example.com
Postal address: Psycademy Ltd, Rosecare Villa Farm, St. Gennys, Bude, Cornwall, EX23 0BG
Telephone number: 0845 468 1501
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at firstname.lastname@example.org.
- WHAT DATA DO WE COLLECT ABOUT YOU
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process certain types of personal data about you as follows:
- Identity Data may include your first name, maiden name, last name, username, marital status, title, date of birth and gender.
- Contact Data may include your billing address, delivery address, email address and telephone numbers.
- Financial Data may include your bank account and payment card details.
- Transaction Data may include details about payments between us and other details of purchases made by you.
- Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
- Profile Data may include your username and password, purchases or orders, your interests, preferences, feedback and survey responses.
- Usage Data may include information about how you use our website, products and services.
- Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.
We may also process Aggregated Data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your Usage Data to work out the percentage of website users using a specific feature of our site. If we link the Aggregated Data with your personal data so that you can be identified from it, then it is treated as personal data.
We need to collect the following sensitive data about you in order to deliver the services/product:
Personal information willingly shared.
We require your explicit consent for processing sensitive data, so when you submit your details, we will ask for your consent or send you a further communication asking for you to confirm your consent to this processing.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at email@example.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
- HOW WE COLLECT YOUR PERSONAL DATA
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We collect data about you through a variety of different methods including:
- Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email or otherwise, including when you:
- order our products or services;
- create an account on our site;
- subscribe to our service or publications;
- request resources or marketing be sent to you;
- enter a competition, prize draw, promotion or survey; or
- give us feedback.
- Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- advertising networks such as Facebook based inside or outside the EU; and
- search information providers based inside or outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as PayPal, Stripe, Worldpay, SagePay based inside or outside the EU.
- Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
- From forms completed on our website or other advertising.
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when legally permitted. The most common uses of your personal data are:
- Where we need to perform the contract between us.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at firstname.lastname@example.org.
Purposes for processing your personal data
Set out below is a description of the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant.
We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please email us at email@example.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing
To register you as a new customer
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests to recover debts owed to us
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests to keep our records updated and to study how customers use our products/services
To enable you to partake in a prize draw, competition or complete a survey
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests to study how customers use our products/services, to develop them and grow our business
To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure and understand the effectiveness of our advertising
(e) Marketing and Communications
Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests to define types of customers for our products and services, to keep our site updated and relevant, to develop our business and to inform our marketing strategy
To make suggestions and recommendations to you about goods or services that may be of interest to you
Necessary for our legitimate interests to develop our products/services and grow our business
You will receive marketing communications from us if you have:
- requested information from us or purchased goods or services from us; or
- if you provided us with your details when you entered a competition or registered for a promotion or free resources; and
- in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for their marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at firstname.lastname@example.org at any time.
Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us at email@example.com.
If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
- DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of processing activities in certain circumstances.
- Third parties who provide debt recovery services.
- Third party rate and review platforms.
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
- INTERNATIONAL TRANSFERS
We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
- Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
- Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Please email us at firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at email@example.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
What’s a cookie?
- A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
- Cookies are used by nearly all websites and do not harm your system.
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
- Cookies are either:
– Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
– Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics.
- Cookies can also be categorised as follows:
– Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
– Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
– Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
TERMS AND CONDITIONS
General Payment Terms
TERMS AND CONDITIONS
Here at Psycademy we aim to speak in plain language, so it’s clear and easy to understand for all involved. You will accept these terms and conditions either by physically signing the Agreement between us, or by ticking the box online to confirm your online purchase. If you have any questions before accepting these terms and conditions, please email us firstname.lastname@example.org and we’ll help you out.
Agreement: the agreement between us which consists of this Terms and Conditions document together with the Schedule attached.
Commencement Date: the commencement date as set out in the Schedule above.
Client: the corporate entity or person (if sole trader) named in the Schedule to this Agreement who is investing in and subscribing to the Service (also referred to in these Terms and Conditions as ‘you’).
Client Data: any data and/or documents inputted or uploaded by you onto the Client Portal and includes all the files, materials and structured data, plus any account and contact information.
Client Portal: the Psycademy online members area with resources provided for your learning and interactive engagement with us, provided by us as part of the Service as described at clause 3.1;
Documentation: user guides, training documents, resources, visuals and including all digital downloads, videos or audio files made available to you by us from time to time in relation to the Service.
Fees: the fee payable by you to us for the Service, as set out in the Schedule above (and as may be varied from time to time in accordance with these Terms and Conditions).
Intellectual Property Rights means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
Service: the services provided by us to you under the Agreement as more particularly described in the Schedule to this Agreement
Term: the term of the Agreement as set out in the Schedule above.
Terms and Conditions: these Terms and Conditions, which may be revised from time to time and the latest version will always be available on our website www.psycademy.co.uk/terms
2.1. Subject to the Agreement and these Terms and Conditions, we grant to you a non-exclusive, non-transferable right to use the Service for the Term.
2.2. The rights granted to use the Service are personal to you and may not be transferred to any other party without our prior written consent.
2.3. Unless otherwise agreed in writing by us, you may only use the Service for your own personal use and/or your internal business operations.
2.4. We may update and improve our provision of the Service from time to time without notice to you. If we change the Service in a manner that materially changes the content, we will inform you in writing via the email address associated with your account.
3. ACCESS TO THE SERVICES ONLINE
3.1. Where the Service you have purchased has an online element, you will be provided with an online URL link which will grant you access to a designated, online members area (your “Client Portal”). You will be required to set up your Client Portal by opening and account and setting a unique username and password. This will be the username and password you then use to access your Client Portal for the Term. If you have any issues accessing the Client Portal, email us email@example.com. Inside the Client Portal you will also be provided with the Documentation explaining how to use the Service.
3.2. The Service is designed so that:
3.2.1. you access your Client Portal at any time 24 hours a day, 7 days a week for the purpose of self-guided learning;
3.2.2. you can download certain of the resources from the Client Portal to your computer for the purposes of offline learning;
3.2.3. we can send you messages and communicate with you as regards to the Service and any send you any updates or invites to meetings, workshops and/or training.
3.3. It is important to note that your Client Portal is a secure area which is only accessible by you.
3.4. You agree to use your reasonable endeavors to prevent any unauthorised access to, or use of, your Client Portal, the Services and/or the Documentation. In the event of your becoming aware of any such unauthorised access or use, you must notify us immediately so that we can help you to mitigate any associated risk.
3.5. The Agreement between you and us does not operate in any way to give us any rights or ownership to the Client Portal or the Documentation or resources within it, except for the limited rights that enable us to offer you the Services as anticipated below.
4. OUR OBLIGATIONS
4.1. We undertake to provide the Service with reasonable skill and care.
4.2. We will endeavour to make the Service fully available to you during the Term of the Agreement. However, due to the nature of internet services, we can’t guarantee that the Service will be available and uninterrupted at all times. We may also need to suspend the online services from time to time to make improvements or to fix things, and we will provide reasonable notice on our website to advise you of this. Therefore, we are not able to accept any responsibility if, for any reason, the Client Portal (or any part of the Services) are temporarily unavailable. You can email us firstname.lastname@example.org with any questions or concerns as regards temporary unavailability of the Service.
5. CLIENT OBLIGATIONS
5.1. You agree not to use or access the Client Portal or the Service in any way that:
5.1.1. may be unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethically offensive;
5.1.2. depicts sexual or explicit images or promotes unlawful violence;
5.1.3. may be discriminatory based on race, gender, age, colour, religious belief, sexual orientation or disability;
5.1.4. could cause damage or injury to any person or property;
5.1.5. facilitates illegal activity;
5.1.6. could infringe the privacy, confidentiality or intellectual property rights of any third party; or
5.1.7. knowingly introduces viruses or other things that are malicious or technologically harmful.
5.2. 5.2.1. In relation to the Service provided to you by Psycademy, and the information, Documentation, service provision or resources shared with you (whether within the Client Portal or at our live events or during training or coaching or other facilitated support provision) you shall not at any time:
5.2.2. attempt to copy, modify, duplicate, republish, transmit, or distribute all or any portion of the Documentation or resources or information which is shared with or made available to you by Psycademy (except to the extent expressly permitted under the Agreement or as may be allowed by applicable law); or
5.2.2. access all or any part of the Service or the Documentation in order to build a product or service which competes with the Service; or
5.2.3. use the Service or Documentation to provide services to third parties or offer to make the Service or any part of it available to any third party.
5.3. You will comply with all applicable laws and regulations with respect to its activities under the Agreement.
5.4. You are responsible for ensuring that you have adequate resources including up to date, computer hardware, software and systems to access the Service and/or the Client Portal and to attend meetings, training, workshops or live calls associated with the Service. Our current technology provider of online training is Moodle and by entering into this Agreement you agree that you have taken steps to review the system requirements to access their service, found on this link : http://www.howtomoodle.com/moodle-online-training-system-requirements
5.5. We are committed to providing all participants to our Service(s) with a positive and empowering experience, and this is of particular importance where the Service you are investing in is a group programme or an event where a number of other people are participating alongside you. By entering into this Agreement you acknowledge your responsibility to participate responsibly, truthfully and with integrity at all times, acting with respect to the Psycademy team and your co-participants.
5.6. You agree to follow the instructions or guidelines of the Service and not to be disruptive or difficult or make derogatory or defamatory remarks about the Service or Psycademy.
5.7. We reserve the right to disable access to the Client Portal and the Service generally if we believe that you are in breach of the terms of this clause 5. If we enforce these rights, then we do so with no liability to you.
5.8. The Service you have invested in may give you access to live events, training calls, workshops or coaching. These will be detailed and set out in the Schedule and will be communicated to you during the Term. If you are unable to attend any such live training events or online events which form part of the Service, you agree to contact us email@example.com giving as much notice as possible. It may be possible to transfer you to a different date and time, but this is not guaranteed and will be done at our sole discretion. You are reminded that where the Service involves a certification or qualification, it is a mandatory requirement upon you that you attend the schedule of events and training in order to complete the Service and to obtain maximum benefit from the Service we are providing to you.
6. INTELLECTUAL PROPERTY RIGHTS.
6.1. You acknowledge and agree that all Intellectual Property Rights arising in connection with the Service shall remain the property of the Company. All rights, including moral rights, are reserved. Other than as expressly set out in these Terms and Conditions, you are not granted any Intellectual Property Rights in or to the Service or the Client Portal.
6.2. You agree that we may include your name and/or logo or trade mark in a list of our Service clients on our website or in promotional materials.
7. FEES AND PAYMENT TERMS
7.1. You will pay the Fee based on your choice at subscription – as set out in accordance with the Payment Terms in this Agreement. The Fee covers your use of the Service from the Commencement Date for the Term. The Fee is an investment by you as set out in the Schedule and is made by you in consideration of the Service provided by Psycademy.
7.2. All Fees are non-refundable under any circumstances (except as required by law). If you have elected for Payment Terms which allow you to pay the Fees by Instalments, then you remain liable for the total amount of the Fees as there is no right of termination under this Agreement. Unless agreed in writing between us, any Installment payments due in relation to the Fees will be taken and debited at the intervals agreed using the credit card or bank account details provided by you at point of subscription. You will receive a schedule of Payment Terms so that there is full clarity in relation to the Installments due for the Service.
7.3. If you fail to pay Instalments in relation to the Fees or comply with the Payment Terms agreed, then we shall have the right to (without prejudice to any other rights or remedies we may have):
7.3.1. suspend or terminate the Service if Instalments remain outstanding for more that seven (7) days despite notification from us that they are due for payment (we will use reasonable endeavors to contact you in writing in advance to advise that we are suspending or terminating the Service); and/or
7.3.2. charge interest on the Fees outstanding from the due date at the annual rate of 4% above the base rate from time to time of Lloyds Bank plc, accruing on a daily basis and being compounded quarterly until payment of Fees in full is made, whether before or after any judgment and you shall pay the interest immediately on demand;
7.3.3. require you to return on demand any course materials, hard copy of soft copy files, workbooks, CDs or DVDs, and any other written, visual or audio material you have received, accessed or downloaded during the Term.
7.4. At the end of the Term, you will retain online access to the Client Portal for as long as this is a Service we continue to offer to customers and clients of Psycdemy as part of our core service offerings.
7.5. Following expiry of the Term, we may offer you additional services which we believe will help and support you in continuing your learning journey. Any future services provided by us will be subject to a new contractual arrangement between us.
7.6. All expenses which you may incur in relation to the Services shall be paid by you, including any travel, subsistence or accommodation costs.
7.7. For the avoidance of doubt, all Fees are due and payable by you whether you complete the Service and participate fully in the Service provision or not.
8. TERM & TERMINATION.
8.1. The Agreement shall commence on the Commencement Date.
8.2. The Term of the Agreement is as set out in the Schedule attached to these Terms and Conditions. Following expiry of the Term, this Agreement will automatically terminate in accordance with these Terms and Conditions.
8.3. You agree that there is no general right of termination available to you during the Term. In particular, where you have made your purchase of the Service in person at one of our events there is no right of termination, and this will have been confirmed to you verbally at the event by a member of the Psycademy team at the point of your signing this Agreement.
8.4. Where you have made a purchase of this Service using our website and online store, you do have the option to cancel your subscription to the Service within 14 days of the Commencement Date by writing to us at firstname.lastname@example.org so long as you have not accessed the Client Portal or downloaded any documentation during that 14 day period. You agree that your right to cancel under this clause 8.4 is waived automatically by you as soon as you access the Client Portal or download any product or digital document.
8.5. We may terminate the Agreement with you if: (i) you are in material breach of the Agreement and fail to remedy that breach within 30 days after receipt of written notice or (ii) you become subject to insolvency or bankruptcy proceedings and the proceedings are not dismissed within 90 days and as a result are unable to comply with the Payment Terms under this Agreement.
8.6. Effects of Termination. On termination of the Agreement in accordance with clause 8.4 above, all rights granted to you to access the Services and the Client Portal shall cease.
8.7. The following sections will survive termination of this Agreement: 6 (Intellectual Property Rights), 7 (Fees & Payment Terms), 8.5 (Effects of Termination), 9 (Indemnity and Disclaimer), 10 (Liability) and 11 (Miscellaneous).
9. INDEMNITY AND DISCLAIMER
9.1. You agree to indemnify, defend, and hold harmless the Company from and against all liabilities, damages, and costs (including settlement costs and reasonable legal fees) arising out of (i) your access to the Client Portal and (ii) use of the Services; (iii) your use of the Services in breach of this Agreement.
9.2. You agree that you are participating and investing in the Psycademy Service at your own risk and we are not liable under any circumstances for any matter arising out of your participation (except for those matters which we are not permitted by law to exclude or limit liability for such as death or personal injury caused by our negligence or fraudulent misrepresentation.)
9.3. You agree and acknowledge that your participation in the Service does not guarantee any particular result or outcome as this is entirely dependent upon your ability and willingness to contribute and participate fully with our Service offering.
9.4. You agree and acknowledge that any coaching or personal development service such as the Service you are investing in requires you to participate fully, and in doing so there may be emotional issues or related health issues which emerge. The Service (and all related teaching, training, coaching, support and mentoring provided) is in no way intended to substitute medical treatment or professional recommendations made by health care specialists such as psychiatrists or psychologists. You agree that you are responsible for your decision to participate in the Service and that you will seek, if necessary, support and assistance from medical specialists if support for your emotional and physical welfare is required. Psycademy reserves to right to remove any client from the Service or cease any aspect of the Service if it in its sole discretion believes this to be appropriate. Such circumstances may include, for example, preventing loss of life, preventing damage or harm to the individual, third parties or property.
10.1 To the fullest extent permitted by law, the Company and its affiliates, suppliers, and distributors will not be liable under this Agreement for any: (i) indirect, special, incidental, consequential, exemplary, or punitive damages; or (ii) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if that party knew or should have known that such damages were possible.
10.2. Limitation on Amount of Liability. To the fullest extent permitted by law, the Company’s aggregate liability under the Agreement will not exceed the amount paid by you for the Services during the 12 months prior to the event allegedly giving rise to liability.
10.3. The Services are provided “as is” to the fullest extent permitted by law, except as expressly stated in this Agreement, we do not make any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. In the event that you are unable to complete or fully participate in the Service due to circumstances which are not the fault of Psycademy (for example due to illness, dispute, issues with your equipment or IT access) we will not be liable.
10.4. Due to the nature of the internet, we do not guarantee that the Client Portal will be secure or free from bugs or viruses, so you should always use your own virus protection software.
11. DISPUTE RESOLUTION
11.1. In the unlikely event that you are not satisfied with the Service then in the first instance you must write to us by email (email@example.com) outlining the nature of your complaint and how you would like to see it resolved. We will acknowledge your email and respond in full within seven (7) days. If your complaint relates to a coaching session, workshop, live event or training course then you must place it into writing within thirty (30) days of the date of the event giving rise to the complaint. You must ensure that your Fees are up to date at the time you make a complaint otherwise we reserve the right not to respond.
12.1. We may revise these Terms and Conditions from time to time and the most current version will always be available on our website www.psycademy.com/terms. If a revision, in our sole discretion, is material, we will notify you in writing by sending an email to the email address associated with the applicable account. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised Terms and Conditions, you may terminate the Services by providing written notice within 7 days of receiving notice of the change.
12.2. Entire Agreement. The Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes and replaces all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the subject matter of the Agreement. In entering into this Agreement you agree that you have not relied on any pre-contractual statement.
12.3. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together, shall constitute one and the same instrument. We may also execute this Agreement using online software and this equates to a valid signature by an authorised signatory.
12.4. Third Party Rights. Any person not a party to this Agreement shall not have any rights under or by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.5. Jurisdiction. The Agreement, and any dispute or claim arising from it, shall be construed in accordance with the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales (including non-contractual disputes or claims).
12.6. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
12.7. Notices must be sent via first class, airmail, or overnight courier and are deemed given when received. Notices to you may also be sent to the applicable account email address and are deemed given when sent. Notices to the Company must be sent by recorded delivery to Psycademy Limited at our registered company address.
12.8. You may not assign or transfer the Agreement or any rights or obligations under the Agreement without our prior written consent. We may assign this Agreement or any rights or obligations under the Agreement to an affiliate or in connection with a merger, acquisition, corporate re-organisation, or sale of all or substantially all of its assets without providing notice.
12.9. Confidentiality. Both parties agree not to share, use, copy, adapt, alter, distribute, duplicate or disclose any confidential information that the other party share with it (other than any information which is required to be disclosed by law).
12.10. Force Majeure. Except for payment obligations, neither party will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance).
Making A Complaint To Psycademy
In the unlikely event that you are dissatisfied with the services and/or products supplied to you by Psycademy then you may make a complaint under the conditions of guarantee below:
- You must contact Psycademy in writing stating that you are dissatisfied with the services and/or products supplied and making it clear the precise items you are dissatisfied with.We will then begin the student grievance procedure that is available to you on request.
- Any complaints must be received by Psycademy no more than 30 days following the date of your coaching session, workshop attendance, training course or your receipt of any products supplied to you.
- You must be up to date with all payments in order to make a complaint.
- You are required to demonstrate that you have made an honest and clear attempt at all exercises and tasking.
- You must return any and all course materials supplied to you by Psycademy, including any workbooks, files, CDs and all other bonus materials.
- If you have received a personality profile or any other externally delivered service as part of your course, or as a standalone purchase, you may not receive a refund once you have completed it and received feedback or any accompanying coaching.
Please email us at firstname.lastname@example.org
These terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England.