TERMS AND CONDITIONS FOR SERVICES AND ONLINE COURSE PURCHASES
From Monday 1st June 2020 the following Terms and Conditions will apply for all services and online course purchases from Catherine Lippe Nutrition.
Standard Terms for Online Course Purchases.
These terms and conditions for online course purchases apply to all Services provided by Catherine Lippe Nutrition of 2 Corner Cottage, The Causeway, Claygate, KT10 0NH (“Catherine Lippe Nutrition or Lippe Nutrition, I, my, me, we or us) and which are purchased by a client online or in person. You may contact me on [email protected]. Please read these terms and conditions carefully before making a purchase and print off a copy for your records.
By clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any services from Catherine Lippe Nutrition.
1. Definitions “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Services, Lesson/Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Module/Lesson/Course Materials” means the information provided by Catherine Lippe Nutrition to accompany the Module/s or Lesson/s or Course/s provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Catherine Lippe Nutrition for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to infographics, databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Lesson/Course” means the delivery by me of an online lesson/s or course/s pursuant to which you access course materials.
“Services” means the provision of 1-2-1 consultation, workshops, training, the Lesson/s and/or Course/s and/or the Lesson/Course Materials together with such other services as agreed from time to time and purchased by you from Catherine Lippe Nutrition.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on my website www.catherinelippenutrition.co.uk. I will provide the Services with reasonable care and skill in accordance with the description set out on my Website.
2.2. I reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 I expect you to confirm that the Services you are purchasing will meet your needs. I do not make any guarantee to you that you will obtain a particular result, outcome or health effect from your purchase and completion of any of the Services provided.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services online you must agree that you accept the Terms and Conditions for this service and the Terms and Conditions for Online Course Purchases.
3.2. When you agree to, sign up to, or place an order for a Service via the Website, or via email, you are offering to purchase the Services on these terms and conditions. Catherine Lippe Nutrition reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Services via the Website or by email we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Services, Online Lessons/Courses, each individual Service, lesson/course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more Services or Courses will not be acceptance by us of your offer to purchase any other Service or course which make up your order.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.3, to cancel your purchase of the Services.
4.2. If you have purchased a Service/Lesson/Course and have already accessed, downloaded all or part of the Lesson/Course material or information, which is made available only after a client has made payment, and/or started to use that Lesson/Course material or information and any otherwise password protected material or information which is only available after 3.4 above, then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of services will be at the entire discretion of Catherine Lippe Nutrition.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website or as sent to you via email or as told to you during a telephone call with Catherine Lippe Nutrition at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Lesson/Course materials or information and any delivery costs payable in respect of the delivery of Lesson/Course material or information to you. Each of these costs will be set out in the Website or emailed to you prior to your purchase of the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to for registration/application/booking fees and examination entry fees.
5.4. Fees for the Service selected by you on the Website or purchased following receipt of our invoice shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Lesson/Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Catherine Lippe Nutrition shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your access onto any Online Lesson/Course or Service from Catherine Lippe Nutrition.
6. Liability
6.1. Although Catherine Lippe Nutrition prides itself in provided up to date, evidence based nutrition advice and aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any indirect health outcomes or consequences arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, guaranteed health outcomes or conformance with description).
6.4. Subject to clause 6.5 below, Catherine Lippe Nutrition’s total liability arising from or in connection with these terms and conditions and in relation to anything which I may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Service Lesson/Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Catherine Lippe Nutrition liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Lessons/Courses and the speeches made by trainers at the Courses are, and remain, the intellectual property of Catherine Lippe Nutrition, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, share, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Lesson/Course or Taught Course given
(iii) use the Lesson/Course Materials in the provision of any other course or training whether given by me or any third party trainer;
(iv) remove any copyright or other notice of Catherine Lippe Nutrition on the Lesson/Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Lessons/Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Lessons/Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Lesson/Course Materials and the software in respect of the Online Lesson/Course for the sole purpose of completing the Online Lesson/Course and / or attending the Taught Course.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
1. Fail to pay when due your Fees;
2. Act in an aggressive, bullying, offensive, threatening or harassing manner towards any member of the Catherine Lippe Nutrition business or towards other course members;
3. Steal or act in fraudulent or deceitful manner towards Catherine Lippe Nutrition;
4. Intentionally or recklessly damage our property;
5. Are in breach of these terms and conditions;
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by me under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Lesson/Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Catherine Lippe Nutrition shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Assignment
I may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and other personal information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3. Catherine Lippe Nutrition cannot be held responsible for the manner in which your data is handled by the online course provider Thinkific.
14.4. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.5. Catherine Lippe Nutrition endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.6. If you wish to change or update the data we hold about you, please email me on [email protected]
15. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
16. Notices
You can contact us by any of the following methods:
Email: [email protected]
Post: Catherine Lippe Nutrition, 2 Corner Cottage, The Causeway, Claygate KT10 0NH
Telephone: +44 7970 076229