Your Time To Shine Course Purchase, Refunds And Terms
1.1 Due to your purchase of Your Time to Shine – 12 Weeks to Empowered Living being a coaching package in a business capacity, I do not offer refunds or cancellations. All contracts and purchases are binding.
1.2 Due to your purchase being digital info-product in a business capacity and downloadable at the time of purchase, I do not offer refunds or cancellations. All purchases are binding.
1.3 In terms of our digital products, I stand by the quality of our material and if for whatever reason you feel the quality has not been met, please email me at [email protected]
1.4 In extenuating circumstances and at my sole discretion, I may issue pro-rata refunds based on number of coaching sessions expired, regardless of whether you attended them or not.
1.5. The core digital components of YTTS Course will not be refunded under any circumstances.
APPLICATION OF TERMS AND CONDITIONS
2.1. These terms and conditions (“Terms”) apply to the Your Time To Shine – 12 Weeks to Empowered Living Coaching Course (“YTTS Course”) created and delivered by Maria McMahon, Calle Molina Del Agua, Penoncillo Playa, PO Box 29703, Malaga, Spain. By registering to be a participant in our YTTS Course, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
2.2. The agreement between me and you, the person or entity registering to be a participant in the YTTS Course (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon me emailing you to confirm our acceptance of your registration form for the YTTS Course and shall continue until terminated in accordance with these Terms.
2.3. If you are purchasing online, the order process will be as follows:
2.3.1. During your appointment with Maria McMahon, you will obtain a link to the YTTS Course Payment Portal (PayPal or Payoneer) and you will proceed to the checkout and make payment as directed;
2.3.2. I will send you an email acknowledging your order and confirming whether I have accepted your order.
2.3.3. If at any stage you have made an error in your order, you may email me at [email protected] to correct any errors.
2.4. If you are purchasing online, you should print a copy of these Terms for your records as I will not be filing a copy and I may change these Terms from time to time.
2.5. Any content posted or submitted by you to our site in the course of the YTTS Course is subject at all times to the Acceptable Use Policy.
2.7. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
3.1. The YTTS Course will be provided over the course specified on the sales page and shall be delivered by a combination of online sessions, Skype or Zoom sessions, one on one & group coaching sessions (“Group or one-on-one coaching sessions”), or as a downloadable product as detailed on the site.
3.2. The date and time of all sessions will be sent out in due course via email notifications. I will provide you with as much notice of any change as is possible but I shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.
Group Coaching or PERSONAL SESSIONS
3.3. If you need to cancel a Personal Session, you should provide me with as much notice as possible (by emailing [email protected])gmail.com and I will endeavour to reschedule the session to a mutually convenient date and time. If you provide me with less than 24 hours’ notice or fail to provide me with any notice I may not be able to reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session. If you are unable to attend the Group Coaching Sessions, a recording of the session will be made available to you.
3.4. The online sessions of the YTTS Course are held on third party secure servers and I have taken all reasonable steps to ensure that the online content will be available at all times during the course of the YTTS Course but in the event that such content (or any content added by you or other participants in the YTTS Course) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, I shall have no liability in any circumstances.
3.5. You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify me immediately if you become aware of any unauthorized use of your account and you shall indemnify me against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
4.1. During your appointment with Maria, you will obtain a link to the YTTS Course Payment Portal (PayPal or Payoneer) and you will proceed to the checkout and make payment as directed;
4.2 . The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
4.3 All payments are non-refundable.
5.1. I warrant to you that the YTTS Course materials purchased from me are of satisfactory quality and reasonably fit for the purpose for which the YTTS Course is supplied.
5.2. Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which I have no control, I do not guarantee any particular results.
5.3. I will endeavour to ensure that all information that I provide is accurate and up-to-date but I shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
5.4. I acknowledge that in the course of the YTTS Course I will have access to your confidential information and I agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law; (b) any use or disclosure which I in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
5.5. You acknowledge and agree that your personal data will be processed by and on behalf of me as part of my providing the YTTS Course to you.
6.1. I are the owner or the licensee of all Intellectual Property Rights and all other rights in the YTTS Course and all content within the YTTS Course and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in YTTS Program or the content of the YTTS Course to you or to any other person.
6.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the YTTS Course.
6.3. I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the YTTS Course for the purposes for which they were provided only.
6.4. Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
6.5. You may not without our prior written consent make any audio or visual recordings of any part of our YTTS Program.
6.6. I record the YTTS Course Group Coaching Sessions being delivered during your attendance. You authorise me to use you voice in any such recordings without payment, other condition or need for further consent.
6.7. You acknowledge that certain information contained in the YTTS Course and YTTS Course materials is already in the public domain.
6.8. You are not permitted to sell or promote products or services to other participants in the YTTS Course at or during any part of our YTTS Course without our prior written permission.
6.9. The provisions of this paragraph 7 shall survive termination of the Contract.
TERM AND TERMINATION
7.1. The Contract shall continue until the end of the YTTS Course when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
7.2. Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
7.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
7.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
7.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
8.1. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.2. Any delay by me in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.3. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.5. This paragraph 8 shall survive termination of the Contract.
8.6. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
9.1. Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2. I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or my providing the YTTS Course.
9.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the YTTS Course.
9.4. If I are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.5. You acknowledge and agree that:
9.6. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the YTTS Course (which shall be deemed to have been terminated by mutual consent);
9.7. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the YTTS Course other than as expressly set out in the Contract.
10.1. By registering for our YTTS Course you warrant that:
10.1.1. You are legally capable of entering into binding contracts; and
10.1.2. You are at least 18 years old; and
10.1.3. That all information you provide me with is materially true and accurate at all times and not misleading in any way.
10.2. You accept that communication with me will be mainly electronic. I will contact you by e-mail or provide you with information by posting notices on our Facebook Page or Website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.3. I may vary these Terms (other than the price payable by you for the YTTS Course) as I see fit from time to time and if I do, I shall notify you by email of the change of terms. Your continuation with the YTTS Course will be deemed to be your acceptance of any new Terms.
10.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
10.5. I may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.6. If I fail to insist upon strict performance of any of your obligations under the Contract, or if I fail to exercise any of the rights or remedies to which I are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by me of any default shall not constitute a waiver of any subsequent default. No waiver by me of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
10.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Spanish Legislation) to enforce any term of the Contract.
10.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
10.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Spanish law.
10.11. I each irrevocably agree that the courts of Spain shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
10.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.