1.1 These terms and conditions apply to the provision of The ‘Best Financial Year Yet’ Online Course (“the Course”) by The Catherine Morgan Limited, registered business number 137407, (“the Provider”, “We”, “Us”, “Our”) whose registered office is at Heath View, 8 Mont Es Croix, La Verte Rue, St Brelade, Jersey, JE3 8EL (“the Company”) to the purchaser of the Course (“the Client”, “You”).
1.2 All training that we provide will be subject to these Terms and Conditions and you are deemed to have accepted them when you purchase our Course, unless we expressly agree in writing otherwise.
1.4 By purchasing the Course and accepting these Terms and Conditions you are agreeing that you are over 18. The Course is not intended for use by anyone under the age of 18.
1.5 This Agreement is formed in Jersey, Channel Islands, the principal place of business for the Coach and this Agreement. 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 non-exclusive England in the event of any dispute arising.
2. The ‘Best Financial Year Yet’ Course
2.1 We shall deliver the Course with reasonable care and skill consistent with best practices and standards applicable within our marketplace.
2.2 We agree to comply with all relevant regulations, guidance, standards and codes of conduct that apply or are relevant to the provision of the Course.
2.3 We shall deliver the Course in accordance with the details set out in Schedule 1 (attached).
2.4 We shall use our reasonable endeavours to deliver the Course within the timescale as set out in Schedule 1, however, time shall not be of the essence for delivery.
2.5 In delivering the Course, we may engage the services of our employees, contractors and other third-party providers as we deem necessary.
2.6 Whilst we shall make every effort to deliver the Course in accordance with the details as set out in Schedule 1, we reserve the right to amend, revise or make changes to the Course or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. We shall not be liable for any changes or cancellations that are made to the Course.
2.7 When you purchase a Course from us, we may provide you with materials, information, videos, resources, data and other content. By completing your purchase you agree and accept that all such material remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your use of the Course and should not be copied, disclosed, or used for any commercial reasons without our express consent.
2.8 Our Course is a personal and business related program and is designed to be used for personal and business purposes.
2.9 Any information, support and guidance we provide to you is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.
2.10 Where the Course purchased includes interactive or live sessions via video or telephone (“the Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
2.11 Our Course is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to the Course or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Course or our systems or processes which is caused due to routine or unexpected maintenance.
3. Client’s Obligations
3.1 You agree to provide us with all necessary information we require in order to deliver the Course to you.
3.2 We shall not be liable for any delay in the delivery of the Course caused by your failure to comply, or delay in complying, with any of the provisions in this Section.
3.3 Where the Course includes group Sessions, access to a private facebook group or other private group or members area, you agree:
3.3.1 to act in a reasonable and responsible manner at all times when accessing the private groups or areas or during any group Sessions and not to act in a manner which may cause offence, distress or alarm to any of our other clients, group participants or group members accessing the Course and/or Sessions; and
3.3.2 not to canvass, promote or advertise your products or services to any of our employees or contractors or any other online training participant or individual accessing our Course or use your participation in the Course or access to the Course to canvass, promote or advertise your products or services without our express consent
3.4 In the event you have any concerns as to any aspect of our delivery of any of our Course then you agree to notify us of such concerns by email to firstname.lastname@example.org as soon as possible. We agree that, upon receipt of such notification by email, we shall use reasonable efforts to work with you to resolve your concerns.
3.5 In the event you refuse or fail to comply with this Clause 3 then we shall be entitled to terminate your access to the Course and any associated Sessions, groups or members areas.
3.6 Where the Course includes access to a private area and/or you are required to set up an account it shall be your responsibility to:
3.6.1 provide the correct information to set up your access to the private area or create your account; and
3.6.2 keep your password or any other access information private, safe and secure; and
3.6.3 to notify us should you become aware of, or suspect that a third party is aware of your password or access details.
3.7 When accessing a Course and/ or our membership or account areas you agree not to take any action which seeks to disable or in any way interfere with any or our systems or processes or tests the vulnerability of any of our systems or processes.
4. Fees and Charges
4.1 The cost for the Course (“the Fee”) is as set out in Schedule 1.
4.2 The Fee shall be paid by you in GBP by online payment processor.
4.3 The Fee calculated is inclusive of any taxes which may apply.
4.4 Any deposit payable shall be non-refundable unless we fail to deliver the Course by reason of our own fault or failure.
4.5 Time shall be of the essence in respect of the payment of the Fee, any instalment of the Fee and/or any deposit.
4.6 Payment of the Fee shall be made without deduction, set off or any form of withholding except as is required by law.
4.7 Cleared payment of the Fee must be received by us before you are entitled to access the Course.
4.8 Where you wish to make payment of the Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Course then you agree to be responsible for payment of the Fee within 7 days from access to the Course being provided.
5. Late Payment
5.1 You are responsible for ensuring that payment of the Fee or any instalment of the Fee (if applicable) is paid in full and on time in accordance with the payment terms set out in Schedule 1.
5.2 If payment of the Fee or any instalment of the Fee is beyond 7 days overdue, then we shall be entitled to any or all of the following remedies:
5.2.1 to withhold delivery of the Course or access to any associated Sessions, group or resources until payment has been made in respect of the outstanding amount;
5.2.2 to apply a fixed sum charge in the sum of £99 to your account;
5.2.3 to apply interest to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. 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.
5.2.4 to remove you from any groups, membership areas, or similar resources which have been provided as part of the Course.
5.3 In the event your account is beyond 30 days overdue we shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with any late payment fee and any accrued costs incurred in taking such action.
6. Refund Policy
6.1 If, for any reason, you don’t value the Course, you can get a full refund anytime within 7 days after your purchase. In order to qualify for the money back guarantee within this 7 days, you need to have completed the entire Course as evidenced through your learning platform and submitted your personalised assessment form.
7. Cancellation and Termination
7.1 You shall have the right to cancel your access to the Course by providing notice to us by email to email@example.com. In accordance with Clause 6 despite cancellation, no refunds will apply unless within the guarantee period.
7.3 Upon cancellation or termination pursuant to these terms and conditions, all payments in respect of the Fee shall become immediately due and payable unless such cancellation has been effected pursuant to either clauses 8.2 or 9.
7.4 For the safety, protection and benefit of our other clients, we reserve the right to cancel your access to any of the services provided as part of our Course at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered wholly at our discretion.
7.5 We reserve our right to terminate your access to the program and any associated Sessions, groups or resources, with immediate effect, if you:
(a) commit a material breach of your obligations under these Terms and Conditions; or
(b) fail to provide payment of any amount due in respect of the Fee as and when it becomes due; or
(c) have a bankruptcy petition presented against you or you subject to a bankruptcy order; or
(d) enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or
(e) are subject to any of the circumstances that arise as set out in clause 7.6.
7.6 We shall be entitled to limit the Course or suspend, and/or terminate the arrangement without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that you are:
a) becoming disengaged, disruptive or if you impair the provision of the Course or the enjoyment of the program by any of our other clients. 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 program, failing to respond positively to requests for further information 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; and/or
b) failing to follow or abide by any of the terms set out within this document or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
7.7 Upon termination of this arrangement for any reason:
7.7.1 all clauses which either expressly or by their nature relate to the period after the delivery of the program or expiry or termination of the same shall remain in full force and effect; and
7.7.2 you shall (except to the extent referred to in clause 8.3) cease to use, either directly or indirectly any Confidential Information received as part of the Course, and shall immediately return to us or destroy any documents, materials or resources in your possession or control which contain a record of any Confidential information.
8. Confidentiality, Intellectual Property and Data Protection
8.1 In order to benefit fully from the Course you accept that in some cases you may be encouraged to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential information”) that you may disclose to us or that may be disclosed as part of the delivery of the Course.
8.2 Confidential Information for the purposes of this Agreement excludes any information that:
8.2.1 was already known us prior to being provided with that information by you;
8.2.2 is already accessible in the public domain;
8.2.3 is provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or
8.2.4 is produced, developed or collated by us independently of you and without any breach of the terms of this Agreement.
8.3 When you purchase the Course, we shall grant to you a personal, limited, non-exclusive, non-transferable, revocable licence to access, view and use any materials and resources provided as part of the program solely for your business purposes and for the purposes intended by this Agreement. All other uses are strictly prohibited.
8.4 Where processing of Personal Data takes place, you shall be the ‘data controller’ and we shall be the ‘data processor’ as defined in the General Data Protection Act 2018 (GDPR) as may be amended from time to time.
8.5 We shall only process data to the extent reasonably required to enable proper delivery of the Course as purchased by you.
8.6 We shall only retain personal data for as long as is necessary to allow completion and delivery of the Course.
8.7 We agree not to disclose any Personal Data to any third party other than our employees, agents or advisors and shall ensure that any such persons agree to process the data in compliance with the relevant data protection legislation, namely the GDPR.
8.8 We confirm that we have put in place reasonable technical and organisational processes and measures to ensure the safety and security of any Personal Data processed by us on your behalf.
8.9 This clause will not apply in the event we are subject to a relevant court or other form of legal or statutory order requiring disclosure by us
8.10 By purchasing the Course you hereby agree and undertake that from the date of purchase:
8.10.1 not to infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights;
8.10.2 that any Confidential Information disclosed by us is confidential and proprietary, and belongs solely and exclusively to us
8.10.3 not to disclose such Confidential Information to any other person or use it in any manner other than in discussions as part of the provision of the program;
8.10.4 that all materials, resources, information and any data provided by us is our confidential and proprietary intellectual property and belongs solely and exclusively to us, and may only be used by you as expressly authorised by us; and
8.10.5 the reproduction, distribution, broadcasting, transmission and/or sale of any information, resources or materials provided during provision of the program or at any time thereafter by anyone but us is strictly prohibited. You agree 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 we will be entitled to seek relief, including injunctive relief against you.
8.11 In respect of the program to be provided under this Agreement we both agree that in relation to any information, whether confidential or not, that is shared between us that we shall both be individually responsible to comply with any and all relevant data protection laws and legislation.
8.12 Any information or data that you provide to us pursuant in connection with your purchase of a program or these Terms and Conditions, including Confidential Information, will be maintained by us and stored, accessed and processed in accordance with recognised data protection legislation.
8.13 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 unauthorised processing.
8.14 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.
8.15 All documentation and information disclosed to us in connection with your purchase of the Course will be retained in accordance with relevant retention guidance for a period of no less than 6 years.
8.17 The provisions of this Clause 8 shall continue in force notwithstanding the termination of our arrangement for any reason.
8.19 In the event you choose to share comments, information, content, photos, graphics or images (“Content”) with us then in doing so you are granting to us, free of charge, permission to use your Content in any way as part of our business services. Such uses shall including advertising and marketing.
8.20 Where you choose to share your Content with us as defined above, you confirm that you have the legal right to share that Content and that it does not infringe any third party’s intellectual property or other rights.
9. Consumer rights
9.1 This clause 9 only applies if:
9.1.1 you are purchasing the Course as a consumer (which means acting for purposes that are wholly or mainly outside of your trade, business, craft or profession);
9.1.2 the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’) apply to the Agreement between you and us; and
9.1.3 this Agreement between us is a “distance contract” or an “off premises” contract (as defined in the Regulations).
9.2 This clause 9 applies in addition to, and without prejudice to, your rights to end our arrangement pursuant to clauses 7.1. In accordance with the Regulations you may cancel the Arrangement between you and us within the statutory cancellation period of 14 days that begins on the day after your purchase of the Course is made. You will lose your statutory right to cancel after the expiry of this period but you may still end our arrangement in accordance with clause 7.1.
9.3 To exercise your right to cancel pursuant to this clause 9 you must contact us in writing by email at firstname.lastname@example.org before the 14 day period has expired.
9.4 Please note that our Course contains digital content which is available for immediate access. On this basis should you wish to access the program materials immediately following successful payment of the Fee then you will lose your right to cancel under this Clause 9. In order to access the Course within the 14 days following payment of the Fee you must provide us with confirmation that you acknowledge your right to cancel will be lost and that you wish to proceed.
10.1 Your purchase of any program and compliance with these Terms does not constitute or imply any business relationship other than as set out within this Agreement.
10.2 We have made every effort to accurately represent the Course. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to any of the Course that we provide.
10.3 We do not warrant or guarantee that your access to the Course will be:
10.3.1 accessible via your particular hardware or software;
10.3.2 free from interruptions or errors;
10.3.3 free from defects;
10.3.4 suitable for your particular personal or business situation or circumstances.
10.3 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
10.3.1 any indirect, consequential or special damages, losses or costs;
10.3.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
10.3.3 any failure to deliver the Course where we are prevented due to a reason beyond our reasonable control; or
10.3.4 any losses arising from your choice of Course requested or your use of the Course once delivered.
10.3.5 any losses arising from any investment chosen as a result of the learning from this Course. This Course does not constitute Financial Advice and is not protected under the FCA (Financial Conduct Authority)
10.4 In the event you incur damages as a result of our default or breach of this Agreement, our entire liability under this Agreement is limited to the amount of the Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 9.4 is fair and reasonable given the nature of this Agreement and the provision of the Course.
10.5 Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
10.6 During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
10.7 In the event a dispute arises in connection with this Agreement and the provision of the program which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either Party shall be at liberty to commence legal action.
10.8 The Parties agree that they have adequate Insurance cover to meet any liabilities that may arise in connection with this Agreement.
11.1 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.
11.2 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.
11.3 Every effort will be made to deliver the program in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Services should we 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 our 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 we be liable for any loss or damage suffered by you as a result thereof.
11.4 This Agreement shall be governed by the exclusive jurisdiction of the Royal Courts of England and the laws of England from time to time in force.
11.5 You agree that no other representations have been made by us to induce you into purchasing the Course and no modification or variation to this Agreement shall be effective unless in writing and signed by both Parties.
11.6 Save as provided for in clause 10.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Schedule 1 : The ‘Best Financial Year Yet’ Course
These supplemental terms and conditions apply to the The ’Best Financial Year Yet’ Course (“The Course”) and shall apply in addition to the terms and conditions set out above.
2. The ’Best Financial Year Yet’ Course details
2.1 The Course is an online Course which is designed to help you improve your relationship with money and learn some practical steps towards holding onto more money.
2.2 Subject to the payment terms being met, the Course shall be delivered as follows:
2.2.1 Access to the Course videos, workbooks and resources;
3. The ‘Best Financial Year Yet’ Course Fee
3.1 The Fee for the Course is £47 (“the Best Financial Year Yet fee”) unless otherwise gained via a special promotion or discount code.
4. Your Obligations
4.1 It shall be your responsibility to watch the videos. There is no group teachings or live trainings for this Course.
4.2 You accept that joining the the Course does not establish any form of legal business relationship and that we are only liable to you in respect of the Services provided and to the extent as set out herein.
4.3 You accept that as part of your participation in the the Course that you may be required to review and make decisions concerning your 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 your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to the Course or any other Services provided by us.
4.4 You accept that access to the Course is not a substitute for counselling or other therapy services. In the event that you are undergoing medical or other professional help concerning your mental health then you should inform your practitioner of your intention to access the Course and the extent of the Services being provided and inform us if appropriate and relevant.
4.5 In the event you are deemed by us to have acted or be acting in a way which is disruptive, or which causes offence, distress or alarm, to any of our clients, then you will be excluded from the Session and /or removed from any or all of the supporting online platforms in place for any of the Services provided by us. Following such removal and exclusion, we shall arrange a meeting with you to discuss the matter and to determine whether you will be removed and/or excluded permanently. Such decision to be at our absolute discretion.
4.6 You accept and understand that purchasing the Course, it does not guarantee results or success. As part of the Course, you will have access to information, resources, people and support all designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/or skills or tools shared.
4.7 You agree that during your access to the Course and for a period of 24 months afterwards, that you shall not solicit any of our clients or prospective clients without our express consent, such consent not to be unreasonably withheld.
4.8 You agree that for the duration of your time within which you access our Services, and for a period of 24 months afterwards, that you will not employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the period of the Course, or any other Services, without our express consent in writing, such consent not to be unreasonably withheld.
4.9 You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
a) any of these Terms and Conditions; b) your participation in any way in any of our Services.