Updated: November 3, 2023
Background
These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which You can purchase access to our Masterclasses ( Masterclasses). Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase access to the Masterclass. If You do not agree to be bound by these Standard Terms & Conditions, You will not be able to purchase access to the Masterclass.
In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Agreement” | means the agreement between You and Us pursuant to which We shall provide access to the Masterclass to You, on the terms set out in these Standard Terms & Conditions; |
| “Commencement Date” | means the date of the Order Confirmation; |
| “Confidential Information” | means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed as a result of or in connection with Your participation in the Masterclass. Confidential Information may include (but is not limited to) information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, practice, finances, trading, software or know-how, and includes any Masterclass Materials, whether the disclosure of information is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such. |
| “Consumer” | means a “consumer” as defined by the Consumer Rights Act 2015 who enters into a contract for purposes wholly or mainly outside the purposes of any business; |
| “Data Protection Legislation”
|
Means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data; |
| “Fees” | means the fees payable by You for access to the Masterclass in accordance with Clause 5; |
| “Intellectual Property Rights” | means:
(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions; (b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a); (c) rights in or in relation to Our Confidential Information; (d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and (e) the right to sue for past infringements of any of the foregoing rights; |
| “Masterclass” | means the ‘Burdened by Bloating’ Masterclass, access to which is provided by Us to You under the terms set out in these Terms & Conditions; |
| “Masterclass Materials” | means any and all materials which We may provide to You or to which You may have access as a result of Your participation in the Masterclass; |
| “Order” | means Your order for access to the Masterclass; |
| “Order Confirmation” | means Our acceptance and confirmation of Your Order; |
| “Our Site” | means our website at www.theguthealthdoctor.com; |
| “Us” or “We” | means The Gut Health Doctor Limited, registered in England & Wales with company number 10924474 with its registered office at 7 Bell Yard, London, Bell Yard, London, England, WC2A 2JR; and |
| “You” | means the person to whom We shall provide access to the Masterclass under the Agreement. |
2.1 Our Site will guide You through the process of placing Your Order.
2.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase access to the Masterclass, subject to these Standard Terms & Conditions, which We may accept. Our acceptance is indicated by sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legal, binding Agreement between You and Us.
2.3 If, for any reason, We cannot accept Your Order, then any Fees paid by You will be refunded to You as soon as possible.
2.4 We shall provide access to the Masterclass to You on the terms set out in these Standard Terms & Conditions, which are incorporated into the Agreement.
3.1 You will need an Account on Our Kajabi platform to access the Masterclass and the Masterclass Materials, which will be accessed by entering a user ID and a password (together the Log In Details). You agree that You will not under any circumstances share Your Account or Your Log In Details with any other person. If You believe that Your Account or Your Log In Details are being used without Your permission, You must contact Us immediately at [email protected].
3.2 We expect You to satisfy yourself that the Masterclass will meet Your needs. We do not make any guarantee that You will obtain a particular outcome from the Masterclass. Decisions as to whether and how to incorporate the principles covered in the Masterclass are Yours alone, and results for each Masterclass participant will be different depending on a number of factors which are outside Our control. You understand that any testimonials provided on Our Site and Our marketing communications do not and are not intended to represent or guarantee that You or any other Masterclass participant will receive the same or similar results.
3.3 You understand that the Masterclass and Masterclass Materials are provided for educational purposes only, and We do not diagnose, treat, prevent, or cure any physical or mental illness or condition. The Masterclass and Masterclass Materials are not intended to be a substitute for medical or other professional advice, and that it is your responsibility to seek such independent professional advice for Yourself where necessary or appropriate. You must seek medical advice in relation to any medical or mental health concern You may have, and before making any changes to or ceasing to use any prescription medication or course of treatment. You must not discount or delay seeking medical or other professional advice as a result of any information contained in the Masterclass or Masterclass Materials.
4.1 In providing the Masterclass to You, We shall act at all times with reasonable skill and care, consistent with prevailing standards in the gut health education industry in the United Kingdom. If we breach these terms, You may be entitled to a refund under Clause 9.1.
4.2 We shall ensure that any persons engaged by Us to provide the Masterclass to You have the requisite skills and experience to provide that Masterclass.
4.3 We will make every reasonable effort to provide the Masterclass in a timely manner. In certain circumstances, including (but not limited to) where We encounter a technical issue, We may need to postpone the delivery of the Masterclass, and/ or Your access to any Masterclass Materials. We shall use all reasonable endeavours to resolve any such issues. However, We shall not be liable for any delay in the provision of the Masterclass or Masterclass Materials due to technical issues or circumstances outside Our control.
4.4 Our obligations to You under the Agreement are limited to providing access to the Masterclass and Masterclass Materials. Any request You may make for additional advice or assistance outside the scope of the Masterclass described on Our Site shall not be included in the Fees.
4.5 For further information on Your rights as a Consumer, please contact Your local Citizen’s Advice Bureau.
5.1 In consideration for Us providing access to the Masterclass to You, You agree to pay the Fees in accordance with this Clause 5. If you do not pay the Fees in accordance with this Clause 5.1, You will not be able to access the Masterclass.
5.2 The Fees for the Masterclass shall be the Fees displayed on Our Site at the time of Your Order, and are payable via the payment gateway on Our Site.
5.3 Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.
5.4 You shall be responsible for all costs You incur in connection with Your access to the Masterclass and any Masterclass Materials.
5.5 If you choose not to access the Masterclass or the Materials, You will not be entitled to any refund of Fees.
6.1 As a result of Your participation in the Masterclass, You may receive Confidential Information (including the Masterclass Materials).
6.2 You undertake that You will, at all times during the continuance of the Agreement and after its termination:
6.2.1 keep confidential all Confidential Information;
6.2.2 not disclose (either directly or indirectly) any Confidential Information to any other person;
6.2.3 not use any Confidential Information other than for the purpose of Your participation in the Masterclass and subject to the Agreement; and
6.2.4 not make any copies of, record in any way or part with possession of any Confidential Information.
6.3 The obligations contained in this Clause 6 shall survive the Agreement.
7.1 All Intellectual Property Rights subsisting Our Site and in the Masterclass and the Masterclass Materials shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate). Nothing in the Agreement shall vest in You any rights in the Masterclass Materials or any other material provided by or belonging to Us (or Our licensors, as appropriate).
7.2 When We provide You with access to the Masterclass and Masterclass Materials, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Masterclass and Masterclass Materials for your personal use. The licence granted to You does not give You any rights in the Masterclass Materials (including any materials that We may licence from third parties).
7.3 You may not, at any time:
7.3.1 copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Masterclass or Masterclass Materials (or any part of them) or make the Masterclass or Masterclass Materials (or any part of them) available to any other person; or
7.3.2 use the information contained in the Masterclass or Masterclass Materials in the provision of any other membership, masterclass, training or mentoring.
8.1 If You are a Consumer in the United Kingdom or the EU, You have a legal right to a “cooling off period” during which You can cancel the Agreement for any reason and obtain a refund (the Cooling Off Period). This Cooling Off Period begins on the day following the date on which the Agreement is entered into, and ends:
8.1.1 on the date You access the Masterclass or download any Masterclass Materials; or
8.1.2 (provided You have not accessed the Masterclass or downloaded or streamed any Masterclass Materials) 14 calendar days from the date on which the Cooling Off Period begins.
8.2 You do not have a right to a Cooling Off Period if you enter into the Agreement wholly or mainly for the purposes of Your business.
8.3 If You purchase access to the Masterclass by mistake, please inform Us as soon as possible and do not attempt to access the Masterclass or any Masterclass Materials. Provided You have not accessed the Masterclass or any Masterclass Materials since the Commencement Date, You may exercise Your right to cancel referred to in Clause 8.1 and You will receive a refund of Fees paid. If You have accessed the Masterclass or any Masterclass Materials, We will not be able to offer any refund and You will continue to have access in accordance with the Agreement.
8.4 If You wish to exercise Your right to cancel under Clause 8.1 above, You must inform Us of Your decision within the Cooling Off Period. You may inform Us of this by email, Your cancellation is effective from the date on which You send Your cancellation. Any cancellation notice should be sent to us by email at [email protected].
9.1 After expiry of the Cooling Off period, You may cancel the Agreement immediately and obtain a refund if You can show We were in material breach of the Agreement. For further details of Your legal rights in the event of a breach of the Agreement by Us, please contact Your local Citizens’ Advice Bureau.
9.2 Save for the circumstance set out in Clause 9.1, You shall not be entitled to terminate this Agreement or obtain a refund after expiry of the Cooling Off Period.
10.1 We shall have the right to terminate the Agreement immediately if You breach any of the terms of the Agreement including but not limited to:
10.1.1 Your obligation to pay the Fees in full and on time, in accordance with Clause 5; or
10.1.2 Your obligations in respect of the Confidential Information (Clause 6) and Our Intellectual Property (Clause 7).
10.2 If We terminate the Agreement under this Clause 10, You shall not be entitled to any refund of the Fees (or any part thereof) already paid by You as at the date of Our termination.
11.1 Upon termination of the Agreement:
11.1.1 The licence referred to in Clause 7.2 shall terminate;
11.1.2 You will cease to have access to the Masterclass and the Masterclass Materials;
11.1.3 all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
11.1.4 termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation; and
11.1.5 subject as provided in this Clause 11, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
12.1 Subject to the remainder of this Clause 12, We will be responsible for any foreseeable loss and damage that You may suffer as a result of Our breach of the Agreement 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 Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We make reasonable efforts to ensure that the Masterclass and any Masterclass Materials are accurate, complete and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this regard. We are under no obligation to update the Masterclass Materials after they are provided to You.
12.3 The Masterclass is intended for non-commercial use only. Accordingly, We shall not be liable in respect of any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any indirect, special or consequential loss or damages.
12.4 Without prejudice to the generality of Clauses 12.1 – 12.3, all warranties and representations are excluded to the fullest extent permitted by law.
12.5 Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Masterclass Fees paid by You to Us under the Agreement.
12.6 Nothing in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law, or to limit Your rights as a Consumer.
12.7 The provisions of this Clause 12 shall survive the termination or expiry of the Agreement.
13.1 All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects’ rights (including the rights of the parties to the Agreement) under the Data Protection Legislation.
13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy & Cookie Policy which is available on Our Site.
No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
15.1 We may transfer (assign) Our rights under the Agreement to a third party. If this occurs, You will be informed by Us in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to a third party who will be bound by them.
15.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.
15.3 We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.
15.4 The Agreement is between You and Us. No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
15.5 Subject to the above provisions of this Clause 15, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.
In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.
17.1 The Agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes and extinguishes all previous agreements, assurances, warranties, representations and understandings between You and Us with respect to its subject matter.
17.2 You and We acknowledge that, in entering into the Agreement, You and We do not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.
We may revise these Standard Terms & Conditions from time to time. If We make changes to these Standard Terms & Conditions which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect, and provide details of how to cancel if You do not agree with them.
19.1 If You wish to contact Us with general questions, You may contact Us by email at [email protected]. For matters relating to cancellations, please see Clause 8 above.
19.2 We always welcome feedback from Our clients, and will use all reasonable endeavours to ensure that Your experience of the Masterclass is a positive one. If You do have any complaint or issues with the Masterclass or services provided by Us, please contact Us as soon as possible at [email protected]. We will work collaboratively with You to resolve any such issues in a constructive way.
20.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
20.2 As a Consumer, any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales, Scotland or Northern Ireland as determined by Your residency.
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