Terms and Conditions
- These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid-for Content, accessed via a one-off payment or by Subscriptions, is sold by Us to Consumers through these websites, www.wisdom-mind.co.uk or www.meditate-wisdom-mind.uk (“Our Sites”).
- Terms and information that are specific to accessing sessions of Paid for Content presented by a Tutor (as defined below) from or via Our Sites using Zoom or other cloud-based web conferencing or via the learning platform accessed through www.meditate-wisdom-mind.uk are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms of Sale.
- Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing access to Paid-for Content. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Paid for Content, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase Paid-for Content through Our Site.
- All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
- are required by law to give to You before You pay for any content; or
- voluntarily give to You and You rely on it either when deciding to pay for content or when, subsequently, You make any decision about the Paid-for Content.
- Paid for Content is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an Account and purchase Content.
- These Terms of Sale, as well as any and all Contracts, are in the English language only.
- Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Paid-for Content;|
|“Background Items”||means background and other information or materials relating to or forming part of the tuition, instruction, teaching, coaching, training, or mentoring to be provided, all of which information or materials is downloadable or viewable as text/graphics;|
|“Consumer”||Paid-for means an individual customer who purchases any Paid-for Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;|
|“Contract”||means a contract between Us and You for the purchase of any Paid-for Content, as explained in Clause 7;|
|“Paid for Content”||means any content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any Background Items or other materials or information, which We offer. The sessions, Background Items and other information or materials are sold by Us through Our Site and made available by Us via Our Site by means of:
two-way synchronous livestream audio and/or video technology, e.g. Zoom, GoToMeeting, Skype for Business (part of Teams), WebEx;
recorded streamed video and/or audio; and downloadable (or other viewable) text, graphics or other video, audio, or other items or information, including Background Items.
Paid for Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any Tutor presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Tutor(s) who is suitably qualified and experienced;
Payment is made by means of a one-off transfer of funds or by the purchase of a Subscription.
|“Subscription”||means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid for Content which comprises either:
We will give You information about the times and dates or periods of access to (i), (ii) and (iii) before You purchase the Subscription as to which, see sub-Clause 7.4.6).
Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;
|“Subscription Confirmation”||means Our acceptance and confirmation of Your purchase of a Subscription;|
|“Subscription ID”||means the reference number for Your Subscription;|
|“Tutor”||means the tutor, instructor, teacher, coach, mentor, or other individual who presents the Paid-for Content and/or who interacts with You online during any session of Paid-for Content;|
|“We/Us/Our”||means Wisdom-Mind and|
|“You”||means the Consumer who sets up an Account and purchases any Paid-for Content.|
- Information About Us
- Contacting Us
- Age Restriction and Consumers only
- Business Customers
- Subscriptions, Paid-for Content, Pricing and Availability
- Orders – How Contracts are Formed
Our Sites, www.wisdom-mind.co.uk and www.meditate-wisdom-mind.uk are owned and operated by Wisdom-Mind.
3.1 If You wish to contact Us with general questions, You may contact Us by email at firstname.lastname@example.org.
3.2 For matters relating to Paid for Content, please contact Us by email at email@example.com.
3.3 For matters relating to cancellations, please contact Us by email at firstname.lastname@example.org, or refer to the relevant Clauses above.
3.4 To make a complaint, see Clause 15.
Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase Paid for Content through Our Site and access Paid for Content.
These Terms of Sale and the attachment below do not apply to customers purchasing and accessing Paid for Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
6.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid-for Content available from Us correspond to the actual Subscription and Paid-for Content that You will receive. Please note, however, that due to updating content from time to time, minor differences or discrepancies may occur.
6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid-for Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid-for Content is incorrect.
6.3 We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 30 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.
6.4 Minor changes may, from time to time, be made to certain Paid-for Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid-for Content and should not normally affect Your use of that Paid-for Content. However, if any change is made that would affect Your use of the Paid-for Content, suitable information will be provided to You.
6.5 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid-for Content. If We do so, We will inform You at least 7 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.
6.6 Where any updates are made to Paid-for Content, that Paid-for Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid-for Content. Please note that this does not prevent Us from enhancing the Paid-for Content, thereby going beyond the original description.
6.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every year. Changes in price will not affect any order for a Subscription that You have already placed.
6.8 All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Paid-for Content at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 3 days We will treat Your order as cancelled and notify You of this in writing.
6.9 If We discover an error in the price or description of Paid-for Content after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.
6.10 If the price of Paid-for Content You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
7.1 Our Site will guide You through the process of setting up an Account and purchasing Paid-for Content. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of Paid-for Content, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
7.2 If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid-for Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid-for Content that results from You providing incorrect or incomplete information.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of Your order does not mean that We have accepted it.] Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
7.4 Subscription Confirmations shall contain the following information:
- 7.4.1 Your Subscription ID
7.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid-for Content available as part of it;
7.4.3 Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
7.4.4 The duration of Your Subscription (including the start date, and the expiry or renewal date);
7.4.5 Confirmation of Your acknowledgement that the Paid-for Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid-for Content as detailed below in sub-Clause 12.1;
7.4.6 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid-for Content, the time/date when or period during which it can be accessed.
7.5 In the unlikely event that We do not accept or cannot fulfill Your order for any reason, We will explain why in writing, via email. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 days.
7.6 Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
7.7 Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.
8.1 Payment for each Subscription must always be made in advance in full or where agreed with Us, by installments. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
8.2 We accept the following methods of payment on Our Site:
8.2.2 Credit Card
8.3 If You do not make any payment due to Us on time, We will suspend Your access to the Paid-for Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
8.4 If You believe that We have charged You an incorrect amount, please contact Us at email@example.com as soon as reasonably possible to let Us know. You will not be charged for Paid-for Content while availability is suspended.
9.1 We undertake to make available to You on these Terms of Sale the Paid for Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid for Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.
9.2 All Paid for Content within the scope of Your Subscription will be available to You in accordance with sub-Clause 7.4.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:
- 9.2.1 An item of Paid for Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.
- 9.2.2 If an item of Paid for Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available by Us to You and/or to others) or by other circumstances. Any such delay will not normally exceed 60 minutes but if the start is delayed by more than that period then We will organise and inform you of an alternative to compensate for any inconvenience or loss suffered as a result.
9.3 When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid for Content to be made available to You to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid-for Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.
9.4 In some limited circumstances, We may need to suspend the provision of Paid-for Content (in full or in part) for one or more of the following reasons:
- 9.4.1 To fix technical problems or to make necessary minor technical changes;
9.4.2 To update the Paid-for Content to comply with relevant changes in the law or other regulatory requirements;
9.4.3 To make more significant changes to the Paid-for Content, as described above in sub-Clause 6.5.
9.5 If We need to suspend availability of the Paid-for Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid-for Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and any Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 7 days. If the suspension lasts (or We tell You that it is going to last) for more than 7 days You may end the Contract as described below in sub-Clause 13.2.
9.6 We may suspend provision of the Paid-for Content, when paid for by Subscription, if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 3 days of Our notice, We may suspend provision of the Subscription Paid for Content until We have received all outstanding sums due from You. If We do suspend provision of the Subscription Paid-for Content, We will inform You of the suspension. You will not be charged for any Subscription Paid for Content while provision is suspended.
9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription or Paid-for Content.
10.1 When You purchase, by one-off payment or by Subscription, access to Paid-for Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid-for Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Paid-for Content (including any material that We may licence from third parties).
10.2 The licence granted under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
10.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid-for Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]
10.2.2 When You use a two-way livestream facility to access a Paid-for Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it;
- Problems with the Paid-for Content.
11.1 We undertake to provide Paid-for Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid-for Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
11.2 If there is a problem with any Paid-for Content, please contact Us at firstname.lastname@example.org.
11.3 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
11.4 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Paid-for Content.
11.6 For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
- Canceling your Subscription.
12.1 If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You a receipt for Paid-for Content, by one-off payment or Subscription, (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid-for Content, or 14 calendar days after the date of the receipt, whichever occurs first.
12.2 After the cooling-off period, if payment is by Subscription, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid for Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
12.3 If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid for Content. Provided You have not accessed any Paid for Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid for Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid for Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
12.4 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation by email and is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:
- 12.4.2 Email: email@example.com
- in each case, providing Us with Your name, address, email address, telephone number and details of the course.
12.5 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
12.6 Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
12.7 Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.
- Your other rights to end the Contract for Subscriptions
13.1 You may end the Contract at any time if We have informed You of a forthcoming change to any Subscription to Paid for Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a partial refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid for Content until that date.
13.2 If We have suspended availability of the Paid for Content for more than 14 days, or We have informed You that We are going to suspend availability for more than 14 days You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a partial refund.
13.3 If there is a risk that availability of the Paid for Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a partial or full refund depending on how much time is left in your Subscription.
13.4 If We inform You of an error in the price or description of Your Subscription or the Paid for Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a partial refund.
13.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13.6 Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.
13.7 If You wish to exercise Your right to cancel under this Clause 13, You may do so by contacting Us directly to cancel, please use the following details:
13.7.1 Email: firstname.lastname@example.org
in each case, providing Us with Your name, address, email address, telephone number and Subscription ID.
13.8 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
- Our Liability to Consumers.
14.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 Our Paid for Content is intended for non-commercial use only. We make no warranty or representation that the Paid-for Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid-for Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
14.4 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
14.5 We will not be responsible or liable if You are unable to access any Paid-for Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).
- Complaints and Feedback.
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy.
15.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us here:
- 15.3.1 By email, addressed to email@example.com
- How we use your Personal Information (Data Protection)
We will only use Your personal data as set out in Our Privacy Notice
- Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.
17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).
- Law and Jurisdiction.
18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.18.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
18.3 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
- Use of the Zoom web-conferencing platform OR Our website to access tuition, instruction, teaching, coaching, training or mentoring online.
Use of the Zoom web-conferencing platform] and Our website to access tuition, instruction, teaching, coaching, training or mentoring (the “Content”) online. We only offer the Content online. We use technology which allows Us to provide the Content provided that You have the appropriate technology (see below) to receive the Content. For this purpose, We use the Zoom cloud-based web conferencing platform “Zoom” and Our training material hosted by Our website. Where We are to make any of the Content available for You by means of Zoom and Our Website rather than any other platform, it will be on the following basis:
- The technology that We will be responsible for providing.
We use a combination of Zoom for any ‘live’ sessions and Our website to host training material. The fees You pay provide you access to both Zoom sessions and the training material. To receive or participate in any of the Content via Zoom or Our website, You will need to join an online session which is within the scope of Your purchased content. You will not need to pay any fee or charge to use Zoom.We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom or access our training material.
- The technology and other items that You will be responsible for providing.
It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Content via Zoom or Our website. You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:(a) An appropriate functioning Device which, cordless, is adequately charged;
(b) An up to date Zoom App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Content;
(c) Stable, reliable, internet access with adequate speed;
(d) A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the Tutor;
(e) Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose, external microphone and/or speakers as reasonably necessary; and
(f) Exercise/note books, pens, pencils, and any books, materials or equipment that You will need, as advised by Us before You place Your order for Paid content.
- Scope of what We make available to access.
We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Content. However, We may, if You request it, either before or during any session of the Content, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem.
We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):
(a) Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
(c) Failure of or defect in the Zoom platform used by Us or You to make the Content available to You; or
(d) Your inability to access the Content due to failure of or defects in Our Site etc.
- Account setup needed.
In order to purchase any Content, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.You may not create an Account if You are under 18 years of age.
During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.
You will be asked for additional information regarding Your Account, such as Your e-mail address.
- Your responsibility for Your Account and its security.
You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You are advised to log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question.
When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.
- Your privacy and security on each occasion when Content is accessed.
Where any session that You access is two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion You accessing it, it will also be made simultaneously accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to You as an individual private session.Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:
(a) When You sign in to Zoom You should indicate Your first name only since Your name will be visible to Our other customers taking part;
(b) You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Zoom App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
(c) The space that You use should be free of others and it should be difficult to see or hear via the Zoom and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
(d) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
(e) We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Our other customers as well as You;
(f) In any event, it will be Your responsibility to ensure that You have a suitable space to use when participating in any two-way session in order to protect Your privacy and that of others in or near that space.
We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.
- Health and Safety.
You acknowledge and agree that:
(a) When You purchase access using a one-off payment or by a Subscription and at least 48 hours before You participate in any session,
We advise You to tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session.
(b) Due to the remote nature of online sessions, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session You fall ill, have an accident or experience any other problem.
- Tutors, [and professional references].
Please note that:
(a) In any event, the Tutor who We assign to any session will be appropriately qualified and/or experienced at the appropriate level for that session and will be competent to conduct that session.
(b) Details of actual or minimum qualifications or experience of the Tutors who We may or will assign to any session will be available to see on our Site.
- Scope of Our Content.
Content offered: We offer tuition in meditation and mindfulness.
Period of sessions: Where a session is a live two-way interactive session, We will provide individual tuition for You as required or agreed beforehand).
Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any preparation or other tasks or work done or activity engaged in by You set or suggested by the Tutor, and Your aptitude.
Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about (including, where relevant, passing any examination) as a result of You taking part in or viewing any session(s).
Attendance: If You are not available for a session for any reason it is solely Your responsibility to ensure that You make up for that missed session by purchasing an additional session if necessary.
Punctuality: When attending a scheduled Zoom session, We expect You to be ready at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time.
Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions but We cannot provide such materials or items for You.
Practise/Homework/Tasks/Assignments: The course material is centred about self-study. Each module includes assignments or tasks to carry out, and You should complete it/them prior to commencing Your next module. One-to-one Zoom sessions may also provided additional tasks for you to complete.
Our commitment, amount of tuition needed: The course material is centred about self-study augmented by one-to-one Zoom sessions. We agree to teach You at the agreed times and days. It is not possible to determine at the outset how much tuition You will require. We may recommend additional opportunities to help with Your [study][training] such as relevant workshops run by third parties where We are aware of such opportunities.
- Your Commitment.
Preparation for each module: The course material is centred about self-study augmented by one-to-one Zoom sessions. In both instances, adequate preparation for sessions is more likely to result in satisfactory progress. ‘Preparation’ can include matters such as setting aside sufficient time and locating a suitable environment for your study. If you require guidance with an assignment or tasks between sessions, We are contactable by email and may be able to provide some help remotely. You should attend each session prepared by completing any assignment, work, tasks set for You at the previous session.
- Provision of items by You.
We are not responsible for obtaining or providing any equipment, materials items for You but We may recommend to You equipment, materials or items that You will or might need.
- Our Liability to Consumers.