CLARITY ACADEMY LTD – TERMS AND CONDITIONS
1. THESE TERMS
1.1 These are the terms and conditions on which we deliver our live in person, live stream and self-study programmes (Programmes) to you.
1.2 Please read these terms carefully before you engage with us. These terms tell you who we are, how we will deliver our Programmes to you, how you and we may change the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Clarity Academy Ltd a company registered in England and Wales, whose company number is 05306876 and whose registered address is 37 Clarence Street, Leicester LE1 3RW.
2.2 The details of our Programmes, Fees and the booking form can be found on our Website which is located at www.JamieSmart.com
2.3 You can contact us by writing to us at info@jamiesmart.com
2.4 You are the person who has booked and / or is attending our Programme and you agree to comply with and be a party to this contract.
2.5 If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us at the time of Booking.
3. OUR CONTRACT WITH YOU
3.1 Our contract with you consists of these terms and conditions, the joining instruction (at clause 6.1) and any information you provide through the booking process, which may take place via our website or over the phone.
3.2 Your booking is deemed to commence at the time you complete the booking form and pay the Fee or relevant deposit. (Booking)
3.3 Our contract commences on the date of your Booking with us and shall apply to all Programmes we provide to you, regardless of whether or not you have provided written confirmation of your acceptance of these terms.
3.4 Our Programme may be delivered in a number of sessions and these terms and conditions apply to all sessions. Any references to sessions in these terms and conditions refer to the sessions of the Programme you have Booked. (Session)
4. YOUR RIGHTS TO AMEND THE CONTRACT BETWEEN US
4.1 Subject to clause 8 if you wish to make a change to your Booking please contact us. We will try and accommodate all reasonable requests and we will advise you of any changes this may require to the timing, dates or price of the Programme.
5. OUR RIGHTS TO AMEND THE CONTRACT BETWEEN US
5.1 It may be necessary for us to make changes to these terms and conditions or to the Programme we provide to you;
a) to reflect changes in relevant laws and regulatory requirements or to co-operate with all reasonable directions from a regulatory authority
b) to reflect amendments in health and safety requirements
c) to amend or enhance the Programmes we provide
6. OUR PROGRAMMEs
6.1 The Programmes we provide are set out on our Website and additional details are set out in the joining instructions which we will send to you after booking. The joining instructions will provide all necessary details as to the times, dates and necessary links and software requirements to access the course. (Joining Instructions)
6.2 We shall provide you with all relevant materials required to attend and participate in our Programme. (Materials)
6.3 Our Programmes are delivered using all reasonable skill and care and in accordance with industry standard best practice.
6.4 All of our Programmes will be delivered online, using the details set out in the Joining Instructions, unless otherwise indicated.
6.5 You are responsible for ensuring that you have Zoom (or any other similar software we advise) installed and working correctly prior to each Session.
6.6 The specific Sessions for the Programmes you have booked will be agreed and confirmed in writing by us. As the Programme is attended by other participants then the dates and times of these Sessions cannot be amended or cancelled by you, and we unfortunately cannot offer a refund or replacement Sessions for any Sessions you have missed. All Sessions shall be recorded and will be made available within 72 hours after the Session. We shall not be held liable for any Sessions which have not been recorded due to technical or other valid reasons.
6.7 You are responsible for ensuring that you follow with all reasonable guidance provided by us during the Programme and Sessions. You understand and confirm that your compliance with all or any of the obligations may impact the outcome of the Programme.
6.8 In order for us to provide you our Programme you shall ensure that;
a) all information you provide to us is full and accurate and shall continue to be updated if necessary, throughout the Programme
b) You acknowledge that our Programmes are educational and coaching programmes and are not a substitute for counselling, psychotherapy or medical advice and the Programme is not a substitute for existing or future therapy.
c) You acknowledge that we do not guarantee any outcome or specific results from our Programmes. Any potential outcomes or previous results set out on our Website or any other materials are for illustrative purposes only as to what may be achieved, we cannot guarantee you will achieve the same outcome or results.
d) You are responsible for ensuring that as the Programme is delivered remotely, you undertake the sessions in a safe and suitable environment.
e) You are responsible for your well-being during the Programme and each Session. f) You remain fully responsible for all choices and decisions made during and after the Programme and we cannot be held responsible or liable for any interpretation of our Programme. g) You acknowledge that to the extent the Programme directly or indirectly involves any aspect of your career or business, we cannot guarantee any level of outcomes included but not limited to increased clientele, profitability and or business success.
6.9 You expressly provide us permission to record any Sessions, such recordings may be shared with the other participants of your specific Programme and may be used by us for training purposes, podcast episodes and other promotional or educational purposes, You expressly acknowledge and consent that such recordings may be used in the public domain. We shall not share recordings of 1:1 coaching sessions involving you in other circumstances without your written permission.
7. COURSE FEES AND PAYMENT TERMS
7.1 The Fees for our Programme are set out on our website. (Fees)
7.2 The Fee for the Programme shall be paid in full at the time of Booking unless otherwise agreed in writing.
7.3 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time.
8. CANCELLATION PROVISIONS
8.1 We may cancel a Programme or Session, or not permit you to attend a Programme or Session for the following reasons;
a) events outside our reasonable control
b) You fail to comply with any other reasonable instruction
c) You demonstrate behaviour which in our sole opinion we deem inappropriate d) You have failed to make a payment in accordance with clause 7
8.2 In the event we have to cancel a Programme or Sessions then where appropriate we shall reschedule the Programme or Session as soon as possible at a date and time suitable to all participants.
8.3 If you wish to amend your Booking prior to it commencing then where possible we will reschedule your entire Booking to the next available date for the same Programme. For the avoidance of doubt this may not be possible if the Programme has commenced.
9. MONEY BACK GUARANTEE
9.1 We offer a 30-day 100% money back guarantee as follows:
a) The 30 days commences when you make the Booking or make the first payment, whichever is the earliest.
b) While we offer a ‘no questions asked/no quibble guarantee’ we would politely request that you give us an indication of why you wish to leave the Programme.
c) While we offer a ‘no questions asked/no quibble guarantee’ we would politely request that you have a conversation with us regarding any issues and permit us a reasonable opportunity to resolve any issues.
d) If no resolution can be found we shall provide you with a full refund within 10 days. You agree to delete and no longer use or access any Materials which you received from us in relation to the Programme.
10. IF THERE IS A PROBLEM WITH THE PROGRAMME
10.1 We pride ourselves on providing a professional service and delivering a professional Programme. If you have any questions or in the unlikely event you have a complaint about the treatment, please contact us at using the contact details in clause 2 and we will aim to find an amicable solution within 10 working days.
10.2 Wherever possible and complaints or questions should be raised during the Programme, you acknowledge and accept that we have limited options to resolve any issues once the Programme has been completed.
11. OUR LIABILITY TO YOU
11.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence. Such liability whether in contract or tort shall be limited to the value of the fees paid for the Programme. 11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence.
12. DATA PROTECTION
12.1 We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our Website.
13 INTELLECTUAL PROPERTY RIGHTS
13.1 All Intellectual Property Rights (IPR) including copyright in the Programme, Materials, and any associated documents in whatever paper or electronic format shall at all times remain the property of Clarity Academy Limited.
13.2 Nothing in this contract shall permit you to copy, amend or use in any way whatsoever our IPR, this includes but is not limited to recording any of the Programme or Sessions.
13.3 All Materials and documents relating to our Programme shall be for your personal use only and shall not be copied, sold or be permitted to be used by any third party.
14 CONFIDENTIALITY
14.1 Save for Clause 6.9 both parties undertake to keep confidential any confidential information, which shall be deemed as any information exchanged between us during a session or any information regarding the Programme or specific information about either party obtained under or in connection with this contract.
14.2 Save for Clause 6.9 any disclosure of any confidential information, is not permitted unless the disclosing party has obtained prior written approval.
14.3 Each party shall notify the other party immediately of any disclosure or suspected disclosure of any confidential information and both parties shall provide all necessary assistance to the other to terminate any disclosure or misuse of any Confidential Information.
15. OTHER IMPORTANT TERMS
15.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms 15.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 15.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to delivery the treatments we can still require you to make the payment at a later date.
15.4 This Agreement constitutes the entire agreement between the parties and replaces all other terms and conditions, undertaking and agreements howsoever agreed. Save to the extent expressly provided, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law
15.5 In the unlikely event of a dispute then both parties agree to attempt to resolve the matter in accordance with clause 10.1, if this process fails to find an amicable solution both parties agree to submit the dispute to an independent mediation provider prior to engaging formal court proceeding.
15.6 This Contract shall be governed by English law and both parties consent to the exclusive jurisdiction of the English courts in all matters regarding it.