Terms and Conditions

Introduction

1.1 These terms and conditions shall govern your use of our services and courses. Throughout the site, the terms “we”, “us” and “our” refer to The Flo Coach. The Flo Coach offers these events and courses, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1.2 By using our services and courses, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our courses or events, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our services and courses; by using them you are agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

Copyright notice

3.1 Copyright (c) 2023 Claire Paul.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights to our course material and service; and

(b) all the copyright and other intellectual property rights in material on Cademy are reserved.

Licence to use our Courses and Events on Cademy

4.1 You may:

(a) view our profile;

(b) Stream audio and video files from our courses; and

(c) Use our worksheets, PDFs, from our courses

(d) Work through our courses at your own pace

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our courses or save any such material to your computer, apart form the downloadable PDFs.

4.3 You may only use our courses and events for your own personal and business purposes, and you must not use them for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our courses or events.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our courses and events (including republication on another website);

(b) sell, rent or sub-license material from our courses and events;

(c) show any material from our courses and events in public;

(d) exploit material from our courses and events for a commercial purpose; or

(e) redistribute material from our courses and events.

4.6 Notwithstanding Section 4.5, you may redistribute any newsletter or marketing material in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of our courses and events, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our courses and events.

Acceptable use

5.1 You must not:

(a) use our courses and events in any way or take any action that causes, or may cause, damage to them or impairment of the performance, availability or accessibility of the website they are hosted on;

(b) use our courses and events in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our courses and events without our express written consent;

(d) access or otherwise interact with our courses and events using any robot, spider or other automated means;

(e) violate the directives set out in the robots.txt file for our courses and events; or

(f) use data collected from our courses and events for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our courses and events to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our courses and events, is true, accurate, current, complete and non-misleading.

Registration and accounts

6.1 You must not allow any other person to use your account to access our courses and events.

6.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.3 You must not use any other person's account to access our courses and events.

Cancellation and suspension of account

8.1 Once you have purchased our course or event, you can apply for a refund within 48 hours of initial payment, after which, no refunds will be available.

Your content: licence

9.1 You may edit your content to the extent permitted using the editing functionality made available on our courses.

9.2 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our courses and events;

(b) that the material on our courses and events is up to date; or

(c) that the courses and events or any service will remain available.

11.2 We reserve the right to discontinue or alter any or all of our courses and services, and to stop publishing our courses and events, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any course and services, or if we stop publishing the courses and events.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our courses and the use of our services.

Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our courses and events and the information and services on our course and events are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our courses and events;

(c) permanently prohibit you from accessing our courses and events;

(d) block computers using your IP address from accessing our courses and events;

(e) contact any or all of your internet service providers and request that they block your access to our courses and events;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our courses and events.

13.2 Where we suspend or prohibit or block your access to our courses and events, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

14.1 We may revise these terms and conditions from time to time.

14.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our courses and events from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our services.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on our courses and events, and you must stop using them.

Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and policy, shall constitute the entire agreement between you and us in relation to your use of our courses and events and shall supersede all previous agreements between you and us in relation to your use of our courses and events.

Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

Our details

20.1 This website is owned and operated by Claire Paul.

20.2 You can contact us:

(a) Using the contact details held in Cademy

(b) using our website contact form;

(c) by email, using the email address published on our website from time to time.

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