Practical Wisdom online courses terms and conditions
The terms in this document are set out in two parts:
Part B: Website Terms of Sale – This tells you the legal terms and conditions on which we sell any of the products listed on our site to you.
(Part A and Part B of this document shall together be referred to as the “Terms”)
The following general terms shall apply to these Terms.
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- Clause headings are purely for ease of reference and do not form part of or affect the interpretation of these Terms.
- References to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
- Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
- You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
- We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These Terms are not enforceable by any person who is not a party to it. This means that you and us are the only people who can enforce these Terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Please note that these Terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- In these Terms, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
- “Course” means self-development courses sold on our site which consist of the Materials.
- “Direct Purchase” means a purchase of our Course directly from our site.
- “Indirect Purchase” means a purchase of our Courses through a third party voucher based retailer or third party organisation.
- “Materials” means any documents, images, text, videos, electronic files or any other materials which are provided in connection with the products available from our site.
OTHER APPLICABLE TERMS
- If you purchase goods directly from our site (Direct Purchase) or through a third party merchant (Indirect Purchase), our terms and conditions of sale set out in Part B will apply to the sales.
INFORMATION ABOUT US
Psychologies.co.uk and Life Labs are part of Kelsey Media, a trading name of Kelsey Publishing Ltd. We are a company registered in England and Wales with our registered office at Cudham Tithe Barn, Cudham, Kent TN16 3AG. Tel: 01959-541444. Our company number is 2387149 and our VAT number is GB523715754. We refer to ourselves as "we", "us" or "our" in these terms.
CHANGES TO THESE TERMS OR OUR SITE
- Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
- We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
- Our site is made available free of charge.
- We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site.
- As part of the registration process you will need to submit a username and password (together your "Registration Details"), both of which you will be required to submit each time you log on. You must treat the Registration Details as confidential, and you must not disclose them to any third party. We will be entitled to assume that any person logging onto any part of our site is either you or someone doing so with your permission, and you will be liable for any actions of any person logging on using your Registration Details. You should therefore notify us immediately if you suspect that anyone else knows your Registration Details and has logged on as you.
- We reserve the right to require you to change your Registration Details at any time for any reason.
- You represent and warrant that all information you provide to us during the registration process and at all other times will be true, accurate and comprehensive and you agree to maintain the accuracy of such information at all times.
INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights in and to our site and the Course are owned by us (Kelsey Media) and shall remain owned by us or our Course’s experts.
- On downloading the Materials from our site, you own the medium on which the Materials are recorded, but we do not transfer title to such Materials to you and we retain full and complete title to the Materials and all Intellectual Property Rights therein. You must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Materials to human-readable form.
- You acknowledge that all Intellectual Property Rights in and to the names “Psychologies”, “Life Labs” and “Kelsey Media” and any associated logos (the "Marks") are and shall remain owned by us and that all goodwill accruing in the Marks shall accrue to and be owned by us.
Unless otherwise noted, all of the material on this web site is Copyright by Kelsey Publishing Ltd or the authors of the Practical Wisdom courses. All rights reserved. No part of this web site may be reproduced, published, distributed, displayed, performed, copied or stored for public or private use in any information retrieval system, or transmitted in any form by any mechanical, photographic or electronic process, including electronically or digitally on the Internet or World Wide Web, or over any network, or local area network, without written permission of the author.
No part of this web site may be modified or changed or exploited in any way used for derivative works, or offered for sale, or used to construct any kind of database or mirrored at any other location without the express written permission of the author.
Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials.
You may not, without the author's express written permission, "mirror" any material contained on this web site on any other server. Any unauthorized use of any material contained on this web site may violate copyright laws and subject to violator to legal judgement and penalties.
- The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- While we endeavour to update and ensure that the information contained in the Courses and on our site is correct, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
- You are at all times responsible for assessing the appropriateness of using the Course and must consider your personal health and physical suitability before using the same.
- We will not be held responsible for any injury, loss or damage resulting from use of the Courses. We are also not responsible for providing advice on the health and safety requirements or precautions which should be observed when using the Course. You must ensure that you comply with the health and safety guidelines provided with the products or equipment that you are using.
ACCESSING AND USING OUR SITE, THE COURSE AND THE MATERIALS
- These courses are for private consumers and not for resale, or redistribution to other third parties.
- You may use the Course and view, download and print any Materials relating to the Course and information made available to you through our site subject to the following conditions:
- you may not allow other people (including other people within your organisation) to use your Registration Details or otherwise access the Materials;
- you may not use the Materials to provide any services of any kind to any other person (including other people within your organisation);
- the Materials shall not be reproduced or included in any other work or publication in any medium;
- the Materials may not be modified or altered in any way;
- the Materials may not be distributed or sold to any third party for any purpose; and
- you may not remove any copyright or other proprietary notices contained in the Materials.
- You are responsible for making all arrangements necessary and purchasing any equipment or software required to enable you to access our site, Courses or Materials. In particular, you will be responsible at your own cost for obtaining your own copy of the computer program, up to date internet browser software and any other software required to enable you to view or download the Materials.
- We do not warrant that our site, the Courses or the Materials, or your access to them, will always be available or be uninterrupted or error-free, that defects will be corrected, or that our site, the Courses or Materials or the server that makes them available are free of viruses or other harmful components.
USING CONTENT ON THE SITE
- You agree that whenever you make use of a feature that allows you to make contact with other users of our site (including any bulletin board, chat room, forum or other similar pages that may be included in our site from time to time) you will not: harass others or disclose personal information about others that could amount to harassment; publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
- upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of our site or any other computer; create multiple logins; impersonate others; promote or undertake any activity that is illegal or fraudulent; or use software to harvest the Materials or any other information from our site.
- Any content you upload to our site will be considered non-confidential and non-proprietary, and we reserve the right to use, copy, distribute and disclose to third parties any such content for any purpose.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
- The views expressed by a guest, registered user or other users on our site do not represent our views or values.
LIMITATION OF OUR LIABILITY
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
- We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites.
- We will not be liable for any loss or damage that may arise from your use of them.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in Part B.
VIRUSES, HACKING AND OTHER OFFENCES
- Due to the inherent risks of using the internet we cannot be liable for, and hereby exclude to the fullest extent permissible by applicable law, all liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, Materials or to your downloading of any material posted on it, or on any website linked to it.
- We do not warrant that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- During your use of our site, you must not knowingly or recklessly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which they are stored or from which they are provided or any server, computer or database connected to them. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and Course will cease immediately.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept responsibility for Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to our site, you do so entirely at your own risk.
Part B – Website Terms of Sale
- You are reading a legal document which is the agreement between you, the customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. You are agreeing to the terms of sale that appear below, all of which are called the "Agreement".
- Unless otherwise expressly stated, these terms of sale will only apply to Customers who have made a Direct Purchase from our site. Customers who have made an Indirect Purchase will be bound by the terms of sale for that particular third party merchant or organisation.
- Please click on the button marked "I Accept" at the end of these terms if you accept them. If you refuse to accept these terms, you will not be able to purchase or register for any Courses from our site.
USE OF OUR SITE
Your use of our site is governed by our terms of website use (Part A) Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 4 only applies if you are a consumer.
If you are a consumer, you may only purchase Courses from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to Courses if they are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- You will be required to pay the applicable charges prior to being given access to the Courses. If your payment is declined, not authorised or is otherwise unsuccessful we reserve the right to prevent your access to the Courses.
- After you place an order, we will confirm our acceptance to you by sending you an e-mail (Purchase Confirmation). The contract between us will only be formed when we send you the Purchase Confirmation.
- If we are unable to supply you with the Course, for example because the Course is no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for your order, we will refund you the full amount as soon as possible.
CHANGES TO OUR TERMS IN RESPECT OF THE PURCHASE AND SUPPLY OF OUR COURSES
We may revise our terms relating to the purchase and supply of our Courses from time to time in the following circumstances: changes in how we accept payment from you; or changes in relevant laws and regulatory requirements.
Whenever we revise our terms, we will keep you informed by email and state the date of the last variation at the top of this page.
- The prices of the Courses will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
- Prices for our Courses may change from time to time, but changes will not affect any order which we have confirmed with a Purchase Confirmation.
- The price of the Course includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being, unless otherwise stated.
- It is always possible that, despite our reasonable efforts, some of the Courses on our site may be incorrectly priced. If we discover an error in the price of the Courses you have ordered we will inform you of this error and we will give you the option of continuing with the order at the correct price or cancelling your order. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect (lower) price.
HOW TO PAY
We accept the following payment method: PayPal.
We will charge your PayPal account immediately after sending you a Purchase Confirmation.
We do not provide refunds.
MAKING A PURCHASE
Courses sold on our site are directed solely at those who make a purchase from the UK. Unless otherwise stated, we make no representation that a Course is suitable for use outside of the UK. If you choose to make a purchase from locations outside the UK, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
We reserve the right to prevent you from making any purchase for any reason whatsoever. Any such decision is within our sole discretion.
You will have access to the Course purchased within 24 hours of the Purchase Confirmation, unless there is an event outside our control. If we are unable to meet this due to an event outside our control, we will contact you with a revised time.
DIGITAL RIGHTS MANAGEMENT
- We may, in our sole discretion, use software, digital rights management tools, electronic watermarks, cookies, web beacons, tracking tools or services or any other similar tools or services that may be available from time to time (including where such tools are provided and operated by third parties) (collectively "DRM Tools") together with any other information or data provided by you so as to enable us to monitor and keep records of the copying, downloading and use of the Materials for the sole purpose of enabling us to protect and enforce our Intellectual Property Rights in and to the Materials.
- You acknowledge and agree that your right to access and use the Materials is conditional upon us being entitled to use the DRM Tools as described above and that the use of such DRM Tools is necessary to protect our legitimate interests. You must not, disable, circumvent or attempt to disable or circumvent any DRM Tool used by us.
OUR LIABILITY IF YOU ARE A CONSUMER
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
- We only supply the Courses for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
This Agreement was most recently updated on 10 March 2016.
- You will not be entitled to a refund of the charges or any part of them if this Agreement is terminated pursuant to any of the foregoing paragraphs of this clause 16 prior to the expiry of your Subscription.
Terms & Conditions specific to the How to Use Yoga to Transform Your Life course
This course is designed for the mentally and physically fit and healthy
it is suitable for those who have done some yoga, are fit and healthy
and ready to progress, and if there is any pain whatsoever, please stop
what you are doing. Meditation can cause
a worsening of symptoms for those with existing mental health issues,
we do not recommend meditation or yoga for those with mental health
issues unless advised by a doctor or medical consultant.
The exercise, health information and nutritional videos, programmes and articles provided as part of the Services are demanding. The use of the Services and Products require a high level of responsibility and self-awareness in order to avoid injury. Before using any of the Services and Products, it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that the Services and Products are suitable for you. Before commencing any exercise program or nutritional program and before making changes to your existing exercise or nutritional program, you should consult your physician or other qualified Healthcare Provider in order to ascertain whether the programs and changes are appropriate for you. You are responsible for your own safety. A very important part of your own journey is to assume responsibility for your own wellness, your own body and your health. Please listen to your body and when in doubt, hold back on any exercise regime. From time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Movement for Modern Life and LifeLabs Practical Wisdom, or any person or entity involved with Movement for Modern Life and LifeLabs Practical Wisdom including without limitation directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. You assume all risk of injury by using the content, Services and Products. Please do not use the content, Services and Products if you are not willing to accept this responsibility.
No content or other information contained on or provided through the Site or provided by Movement for Modern Life and LifeLabs Practical Wisdom by email or in any manner whatsoever should be construed as medical and/or health advice. Always seek the advice of your physician or other qualified Healthcare Provider for answers to any questions you may have regarding a medical or health related condition. Neither the content, other information contained on the Website, nor any other Service offered by or through Movement for Modern Life and LifeLabs Practical Wisdom is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site.
There is absolutely no guarantee, representation, warranty or undertaking that you will not suffer injury arising out of participation in any physical activity as shown on the Site or that your fitness, health or wellbeing will improve as a result of participation in the Services. Your health and wellness will improve as part of an all-round change in diet and activity level as advised by your Healthcare Provider.
LIABILITY: We try to make sure that all information that we post on the Site (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website (including any articles posted by a third party) or provided through any Service supplied by us to you.