CATHY SIMMONS TRADING AS CATHY SIMMONS CONSULTING
Online Course Terms & Conditions for Business Users
This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our course platform (the Platform) to you. Please read these Terms carefully before enrolling in any Courses through the Platform.
You should print a copy of these Terms for your future reference. By enrolling in a Course, you agree to these Terms and that these Terms take precedence over any other terms and conditions, including your own terms of business, any course of dealing, or any industry practice.
1. INFORMATION ABOUT US
1.1 www.cathysimmons.co.uk is a site operated by Cathy Simmons Trading as Cathy Simmons Consulting (“we” or “us”). Our address is 124 City Road, London, EC1V 2NX and our email address is cathy@cathysimmons.co.uk
2. INTENTIONALLY BLANK
3. YOUR STATUS
By placing an order, you warrant and confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You will only use a Course for your business use and you may not sell, publish or distribute such document or use it in whole or in part to create another document.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Course. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access (the Access Confirmation). The contract between us (Contract) will only be formed when we send you the Access Confirmation.
4.2 The Contract will relate only to those Courses whose access we have confirmed in the Access Confirmation. We will not be obliged to supply any other Courses that may have been part of your order until the access or of such Course has been confirmed in a separate Access Confirmation.
5. AVAILABILITY
5. 1 Your order will be fulfilled automatically on your receipt of the Access Confirmation but in the event that our automated systems do not work immediately, please contact cathy@cathysimmons.co.uk to advise us that the Course has not been made available for access. As our systems are automated, we shall not be liable for any delay in the access to any Course.
6. LIVE Q&A AND COACHING SESSIONS
6.1 Live Session Participation: If Participants are encouraged to attend the live Q&A sessions if provided as part of the course. These sessions are designed to enhance your learning experience and provide an opportunity to ask questions related to the course content.
6.2 Recording of Live Sessions: Please note that live video Q&A or coaching sessions may be recorded for the purpose of providing access to participants who are unable to attend. By participating in these sessions, you consent to the recording and understand that the recordings may be made available to other course participants.
6.3 Technical Requirements: Participants are responsible for ensuring they have the necessary technology and internet connection to attend live video Q&A and coaching sessions. We are not liable for any technical issues that may prevent you from accessing the sessions.
6.4 Cancellation or Rescheduling of Live Sessions: We reserve the right to cancel or reschedule live video Q&A and coaching sessions. In the event of a cancellation or rescheduling, participants will be notified via email, and efforts will be made to accommodate all participants in the new schedule.
6.5 Participant Conduct: Participants are expected to conduct themselves professionally during live Q&A and coaching sessions. Disruptive behaviour, including but not limited to inappropriate language or personal attacks, may result in removal from the session and/or the course.
7. TITLE AND INTELLECTUAL PROPERTY
7.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course
7.2 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by Cathy Simmons, Trading as Cathy Simmons Consulting. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.
7.3 All content provided in this course, including but not limited to text, graphics, videos, and any other materials, is the intellectual property of Cathy Simmons, and is protected by copyright and other intellectual property laws.
7.4 We may also use third-party materials, including stock images, for which we have obtained the necessary rights and licenses
7.5 Participants are granted a limited, non-exclusive, non-transferable license to use the materials for personal educational purposes only. Participants may not reproduce, distribute, modify, or create derivative works from any of the course materials without prior written consent from Cathy Simmons or representatives of Cathy Simmons Consulting.
7.6 We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law, and distributing (whether for payment or otherwise), publishing, selling, or disclosing a Course is strictly prohibited.
7.7 You may not, without our prior written consent, make any audio or visual recordings of any part of the Course.
7.8 The materials we deliver as part of the Course do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the materials within the Course.
7.9 We will endeavour to ensure that all information that we provide within the Course is accurate and up-to-date, but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
7.10 Any unauthorized use of the course materials may result in legal action.
8. PRICE AND PAYMENT
8.1 The price of any Course will be as quoted on our site, The Platform, sales documents or marketing materials from time to time, except in cases of obvious error.
8.2 These prices include VAT except where expressly stated otherwise.
8.3 Where your order includes ongoing access to the course materials (for the period stated on the order form), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If you wish to continue to have access to the course materials, you must renew your membership in the manner advised on our site or The Platform.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Access Confirmation.
8.5 Payment for all Courses must be by such method of payment as is specified on our website or The Platform. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.
9. REFUNDS
9.1 We are happy to provide a full refund within 14 days of your enrolment if you decide that the Course is not right for you. Refunds will be processed at our discretion, and you must notify us of your decision to cancel within this 14-day period
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 Our Courses are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied.
10.2 Nothing in these terms attempt to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
10.3 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.
10.4 By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise.
11. WRITTEN COMMUNICATIONS
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site or The Platform. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given to Cathy Simmons at cathy@cathysimmons.co.uk. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.2 We 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.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
15. WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
16. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract 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.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Access Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).
19. MEDICAL DISCLAIMER
The information and guidance provided in this course are intended for educational purposes only and are not a substitute for professional consultation, diagnosis, or medical treatment from a qualified healthcare provider.
As a participant in this training, you must not rely on any information or guidance provided as an alternative to medical advice from your doctor or healthcare provider. This course does not equip you to diagnose or treat any medical conditions, and we expressly disclaim all responsibility and liability for any damages, loss, injury, or liability suffered by you or any third party as a result of your reliance on any information or guidance provided in this course.
If you have specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible. If you believe you may be suffering from any medical condition, seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice, or discontinue medical treatment based on information or guidance provided in this course.
Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.
20. LAW AND JURISDICTION
Contracts for the purchase of Courses through our site or The Platform and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.