You and the Service Provider enter an agreement pursuant to, and in accordance with, these terms and conditions and agree as follows:
Unless the context requires otherwise and unless explicitly defined elsewhere in this Agreement, capitalised terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:
You represent and warrant that:
The Service Provider makes no representation that the Course Content is available or appropriate for use by individuals below the age of 18.
If You are younger than the age of 13 years, the Service Provider does not permit You to access Your Account, the Platform, or the Course Content.
In order to access the Platform and the Course Content, You are required to create a user account at Registration (hereinafter referred to as; Your “Account”).
By creating Your Account, You represent and warrant that all information provided for the creation of Your Account is accurate, complete and current. You agree to maintain and update, as soon as reasonably possible, Your Account information so that it remains accurate, complete, and current.
In order to create Your Account, You may be required to choose a username and/or password. You are responsible for keeping Your username and password confidential.
Your Account may be used by You and You only. You may not provide access to Your Account or in any way make Your Account or any information relating to Your Account, including, but not limited to, Your username and password, available to any third party.
Regardless of whether a third party is or was authorised by You to access or use Your Account, You are and remain at all times responsible for any and all use of Your Account and that any and all use of Your Account is fully compliant with the provisions of this Agreement.
You acknowledge and agree that the Service Provider may rely on the username of Your Account, if applicable, to identify You.
You are granted a non-exclusive, limited, revocable, non-transferable, non-sub licensable license to use the Course Content for Your own personal, non-commercial, informational and educational use and insofar as You do not violate any copyright, trademark, and other intellectual property or property rights (hereinafter referred to as; the “License").
Any intellectual property rights remain exclusively vested in the Service Provider, its licensors, or its suppliers.
You acknowledge and agree that You are not permitted to:
whether free or paid, without the express consent of the Service Provider given by email or written agreement.
You shall not use the Course Content to teach any third party or publish on any platform, any of the information, methods, solutions, or formulae contained in or derived from the Course Content.
You may use the Platform and the Course Content exclusively for Your one use and for lawful purposes. You agree not to:
You shall be liable for damages resulting from the breach or violation if any provision contained in this Agreement.
The Service Provider retains the right to revoke access to the Course Content and/or Platform at its sole discretion if conformity to the conditions in the Agreement are not adhered to.
You understand and agree that access to the Course Content on the Platform and access to the Group Platform is offered for the lifetime of the Course Content, the Platform and/or the Group Platform, and the Service Provider reserves the right, at its sole discretion, to cease providing access to the Course Content, Platform and/or the Group Platform. However the Service Provider will inform You of the end of life status of the Course Content, Platform and/or Group Platform through, but not limited to, electronic communication.
Access to the Course Content on the Platform requires You to have sufficient technology and skill in its use. You understand and agree that it is Your responsibility to make sure that the appropriate technology resources, including but not limited to computers, mobile phones, tablets, software, and internet connection, are available to access the Course Content, Platform and or/ Group Platform.
You understand and agree that its Your responsibility to meet the requirements of the Course Content and any results that You may achieve using the Course Content. You are responsible for Your outcomes, and success stories, statistics and other information representing results achieved are examples and do not constitute promises to You by the Service Provider. The Service Provider does not provide guarantees, warranties or promises of outcomes and results. The Service Provider is not liable for Your dissatisfaction in Your outcomes as a result of using the Course Content.
The Service Provider is not responsible for factors outside of its control that may result in Your inability to access the Course Content, Platform, and/or Group Platform such as, but not limited to, server downtime, software bugs and errors, and connection issues.
The content and descriptions on the Platform are a general overview and do not form a binding guarantee of specific content available in the Course Content or guarantees of results, expectations, objectives or desired outcomes. Use of the Course Content, Platform, and/or Group Platform is at Your risk and discretion. The Service Provider is not liable for any results that arise due to Your use of the Course Content, Platform, and/or Group Platform.
Some aspects of the Course Content may instruct You in procedures and methods, You do so at your own risk, and the Service Provider is not responsible for any injuries, damages, or losses, including loss of data, due to Your following the procedures and methods in the Course Content. The Service Provider does not guarantee safety, suitability or effectiveness of any tools, products, procedures and methods.
The Service Provider reserves the right to amend, change, alter, or modify the Course Content at its discretion.
The Service Provider may update any of the Course Content and/or add new course material to the Course Content from time to time. When the Service Provider makes any update to the Course Content and/or adds new course material to the Course Content, such updates and/or new course material are included in the Course Content You were provided at the moment of Registration. You will receive access to the updated version of the Course Content or new information and/or materials.
The Service Provider may offer additional course material to supplement the Course Content to You at an additional fee, from time to time, in which case such additional course material becomes part of the Course Content, and this Agreement shall apply to the additional course material.
The Service Provider is not responsible for any errors or inaccuracies in the Course Content, Platform, and/or Group Platform. However the Service Provider will make reasonable effort to amend, rectify and correct these errors or inaccuracies, in a reasonable timeframe, when brought to its attention.
The Platform and/or Course Content may contain links or references t third-party websites or resources originating from third parties. The Service Provider does not own or control these third-party websites or resources.
You agree that the service Provider is not responsible or liable for the correctness, accuracy, or completeness of any content or information presented on these third-party websites and/or in the resources provided by third parties
You assume any and all risks for visiting and/or using these third-party websites and/or resources originating from third parties, and any and all transactions between You and these third parties are exclusively between You and the relevant third-party. The Service Provider is not liable for any damages resulting from or relating to Your use of these third-party websites or resources originating from third parties.
The Service Provider may also recommend or promote other products, services, persons and/or businesses, but such reference in not intended to be an endorsement and/or statement that such information provided is accurate. The Service Provider recommends such products, services, persons and/or businesses based on its personal experiences. However, it is at all times Your responsibility to conduct Your own research and due diligence to ensure You have complete and accurate information about such products, services, persons and/or businesses.
These third-party relationships in no way compromise the integrity of the Course Content. You are not obligated to click on these third-party links to purchase those products or services being offered. These third-party products and services are selected on personal experiences and assist in the growth of the Service Provider, so the Service Provider can continue to provide valuable and substantive information on the Platforms.
Although the Service Provider may provide third-party links on the Platform or in the Course Content for Your convenience, the Service Provider has no control over these third-party websites. Those third parties are solely responsible for their own information and content presented. Therefore, the Service Provider and/or anyone else working with or for the Service Provider cannot be held responsible and/or liable for any content presented on these third-party websites and for any damages, losses or other costs resulting from them.
The Service Provider may, at its sole discretion, provide You with access to a platform or a group or page within a platform, such as a MacBook group, to which other third parties who have access to the Course Content or other course, products or services, have exclusive access (hereinafter referred to as; a “Group Platform”). Such access to a Group Platform is not a mandatory part of the Course Content, and access to such a Group Platform does not affect any payment rights the Service Provider has under this Agreement.
The Service Provider in not responsible nor liable for any content, including but not limited to text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials, deriving from third parties on the Group Platform.
The Service Provider is not responsible nor liable for the actions of third parties on the Group Platform, nor any communications, conflicts, or damages that occur through any communication and/or collaboration with a third-party on or outside the Group Platform.
For any text, content, images, photos, names, videos, recordings, statements, testimonials, reviews, questions, ideas, comments, and any other information and materials that You post, share, upload, display, transmit, distribute, send, email, or submit to the Group Platform (hereinafter referred to as; the “Creations”), You represent and warrant that You are the owner of the Creations or have the express permission from the rightful owner of the intellectual property rights to those Creations to use and distribute that content on the Group Platform.
You represent and warrant that the Creations in no way infringe the privacy rights, intellectual property rights, publicity rights, or any other third-party rights and does not contain any unlawful, offensive, or obscene material.
You agree not to post, share, upload, display, transmit, distribute, send, or submit to the Group Platform any Creations that:
You may not impersonate any person or entity or otherwise mislead as to the owner or origin of the Creations.
You grant the Service Provider and anyone else working with or for the Service Provider a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, fully sublicensable right and license to use, adapt, modify, edit, translate, copy, reformat, display, publish, broadcast, distribute, reproduce, sell, create derivative works from, live-stream, and /or post any Creations in all forms of media in relation with the Service Provider’s advertising, promotional, publicity and marketing activities, including but not limited to those directed to the public through websites, social media channels, newsletters, emails, commercial products, educational and/or course materials, video footage, sales marketing or any other business purpose.
You grant the Service Provider a non-revocable, royalty-free, non-exclusive license for the us of Your figurative mark, logo, personal name and business name, and Your Creations, which means You are free to use and continue using the Creations fro Your own purposes without restrictions.
You authorise the Service Provider to identify You in connection with Your Creations and display Your geographic location when using the Creations. However, the Service Provider may use Your Creations without identifying You as the creator.
You agree and allow the Service Provider to freely use any Creations in its marketing without any compensation.
You waive the right to approve, inspect or restrict the use of the Creations as described herein.
The Service Provider is entitled (but not obligated) to monitor, edit or remove at any time at its sole discretion:
The Service Provider retains the right to revoke access to the Group Platform at its sole discretion if conformity to the conditions in the Agreement are not adhered to.
You understand and agree that there is no professional relationship between You and the Service Provider and purchase and access to the Course Content, Platform and/or Group Platform does not create a coach-client or similar relationship with the Service Provider.
You understand and agree that information provided by the Course Provider in the Course Content, Platform and/or Group Platform does not constitute professional advice and does not replace professional services provided by qualified and licensed practitioners. Professional advice should be sought by such qualified and licensed practitioners before making personal, financial, health,, or legal decisions based on the Course Content.
When You place an order to access the Course Content, Platform and/or the Group Platform, You make an offer to purchase those services in accordance with these terms. All orders are subject to acceptance and availability. The Service Provider reserves the right to refuse or cancel any order at its discretion.
Payment for access to the Course Content, Platform and/or the Group Platform must be made at the time of order using the available payment methods listed on our Website.
All prices are stated in the currency specified at checkout, and where VAT or sales tax is applicable, it will be clearly indicated at checkout.
Payments are processed through the Service Provider’s or third-party secure payment gateway partner, details of whom are provided at checkout. By making a purchase, You also agree to their terms and conditions.
You confirm all payment details you provide are accurate and that You are authorised to use the chosen payment method.
A contract for the provision of digital services in the form of the Course Content, Platform and/or Group Platform, is formed only when the Service Provider confirms Your order (for example, by sending you a confirmation email). Before that point, Your order is non-binding. However, if there is a pricing or service description error, the Service Provider may cancel or correct the order and will notify You accordingly
By placing an order, You agree to receive communications from the Service Provider electronically regarding Your order and about the Service Provider’s services.
Where You are purchasing services from the Service Provider as a consumer (as defined by the Consumer Rights Act 2015), You are entitled to certain statutory rights. If there is an issue or if Your statutory consumer rights are not met, please contact the Service Provider at info@airiam.co.uk.
Nothing in these terms will limit your statutory rights.
Where You are a consumer, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, You may have the right to cancel Your contract for access to the Course Content, Platform, and/or the Group Platform within 14 days from the day the contract is formed, unless:
You have explicitly consented to the Service Provider starting the service or providing access to the Course Content, Platform, and/or the Group Platform during the cancellation period; and
You acknowledged that Your right to cancel would be lost once the service began or the digital content was accessed, including but not limited to, the Course Content, Platform and Group Platform.
To cancel, please contact the Service Provider at info@airiam.co.uk or via the Website within the 14-day period (if applicable).
Where You are a consumer, if you cancel within 14 days and have not accessed or downloaded the Course Content, Platform and/or Group Platform, a full refund will be issued. However, if You have accessed or started using the digital content, you acknowledge that your right to cancel is lost under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and no refund will be issued. Where You are not a consumer, refunds are at the Service Provider’s sole discretion.
Any promotions or discount codes offered on the Platform may be subject to additional terms outlined at the time of the offer.
The Service Provider reserves the right to modify, suspend, or discontinue any promotion or discount code without notice.
To the fullest extent permitted by law, the Service Provider disclaim liability for any direct, indirect, or consequential losses arising from Your use (or inability to use) of the Course Content, Platform and/or Group Platform. However, nothing in these terms shall limit or exclude the Service Provider’s liability for fraud, misrepresentation, or personal injury caused by our negligence, or any other liability which cannot be excluded under UK law. The Course Content made available on the Platform and/or Group Platform are made available “as is” and “as available,” without any guarantee that they will be error-free or uninterrupted.
You agree to indemnify and hold Nicholas Warren harmless from any claims resulting from Your breach of these terms or misuse of the Course Content, Platform and/or Group Platform.
These terms and conditions are governed by the laws of England and Wales. All disputes arising in connection with these terms are subject to the exclusive jurisdiction of the courts of England and Wales.
These terms do not create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.
If any part of these terms is deemed invalid or unenforceable, the remaining provisions remain in full effect.
Failure by us to enforce any provision of these terms does not constitute a waiver.
We may update or amend these terms at any time, and such changes will become effective upon their posting on the Platform. It is Your responsibility to review these terms regularly.