Terms and Conditions for
Ontrack Accountability Coaching-Training
1 THESE TERMS
1.1 What these terms cover and why you should read them
1.1.1 These are the terms and conditions on which we will deliver Training.
1.1.2 Please read these terms carefully. This is a legal contract between You and Us setting out the terms on which You agree to sign up for and we agree to provide the Training to you.
1.1.3 "You" or "Your" means the person applying for the Training.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are
We are Nikki Gundy On Track Limited a company registered in England and Wales. Our company registration number is 11591422 and our address is 103 Bute street, Cardiff. CF10 %AD. In this contract "We", "Us" or "Our" means Nikki Gundy On Track Limited.
2.2 How to contact us
You can contact us by emailing us at hello@nikki-gundy.com
2.3 How we may contact you
We will contact you by telephone, WhatsApp, SMS messages, or by e-mail to the address or telephone numbers you have provided to us.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your application
3.1.1 Your application for Training will be accepted when you purchase your training course via nikk-gundy.com at which point a contract will come into existence between you and us.
3.1.2 The contract shall start on the date your payment is accepted (as above) and the contract shall continue for a period of 12 calendar months from that date.
3.2 If we cannot accept your application
3.2.1 If we cannot accept your application we will inform you of this by e-mail and will not charge you. This might be because we deem that you are unsuitable for the Training at this moment in time (due to personal circumstances or health issues) or there is no availability to provide the Training.
4 TRAINING
4.1 What we will deliver
4.1.1 The Training will be delivered by way of 8 Live or pre-recorded webinars (the "Training"). The Training shall deliver training as to how the OnTrack coaching system works and how you may become an OnTrack Accountability coach.
4.2 When we will deliver the Training
4.2.1 On receipt of your payment we will inform you of the dates and times of the webinars and provide you with details of the webinars. These webinars will be live. However, in some circumstances, some webinars may be pre-recorded,. If you are unable to attend any of the webinars they will be available to watch for a period of time afterwards.
4.3 Duration of Training
4.3.1 We will deliver the Training over the course of 8 weeks.
4.4 Delay in commencing training
4.4.1 On occasions, we may have to delay the commencement of the Training. This may be due to our unavailability or for other reasons beyond our control. We shall notify you in advance if this is the case.
5 YOUR COMMITMENT
5.1.1 You will attend the Training (by way of webinars) during the course of the 8 weeks (or as soon as practically possible thereafter and within any timescale we notify you of in writing).
5.1.2 If you do not complete the Training within the timescales required by Us then we may terminate this contract.
6 COMPLETION OF TRAINING
6.1.1 You will only be deemed to have completed the Training once you have attended all 8 webinars.
6.1.2 Once You have completed the Training, We will provide to you the following On Track business pack material which you may use, subject to the terms of the licence below, in the course of providing training to your clients:
(a) template documents;
(b) client trackers;
(c) applications forms;
(d) contracts; and
(e) 8 week e-mail program to work through with your clients (the "Material").
6.1.3 Upon completing the Training, and for the duration of this Agreement, you may refer to the fact that you are trained to provide OnTrack accountability coaching. Unless otherwise agreed in writing, you shall not hold yourself out as being connected to, working for or having any other connection with Us.
7 SUPPORT
7.1.1 You agree that you shall not at any time disclose to any person any confidential information concerning Our business, details of the Training and Support provided, affairs and know how to anyone else.
Model cancellation form - complete and return this form only if you wish to withdraw from the contract during the cancellation period (see paragraph 9.3 of these terms)
To [insert the trader's name, geographical address and, where available, fax number and e-mail address]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper), Date
[*] Delete as appropriate
8 INTELLECTUAL PROPERTY
8.1.1 All intellectual property rights (including copyright in the Material) in or arising out of or in connection with the Training and Support shall be owned by Us. You shall not use our intellectual property or share any of our intellectual property with any other party (except in accordance with the provisions of this Agreement).
8.1.2 Upon completion of the Training, We grant you a non-exclusive, royalty-free licence to use the Material for the purpose of providing coaching to any of Your clients only. Use of the Material under this licence is subject to you acknowledging to any third party that the copyright in the Material is owned by Nikki Gundy On Track Limited.
8.1.3 Upon completion of the Training, We grant you a non-exclusive, royalty-free licence to use the words "OnTrack" for the purposes of providing coaching to Your clients and for the purposes of providing accountability coaching This licence shall terminate upon the expiry or termination of this Agreement and therefore once this Agreement has been terminated or expires you shall no longer have the right to use "OnTrack" for any purpose.
9 PRICE AND PAYMENT
9.1 Price
9.1.1 The price for the webinar Training is £997. Or £167 per month for 6 months. Or £83.50 per month for 12 months.
9.2 When you must pay and how you may pay
9.2.1 You must pay the Initial Fee immediately and in advance of the Training commencing. We shall not commence delivery (or if delivery has commenced, may suspend delivery) of the Training and Support Membership to you until payment has been made.
10 HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy (available at [nikki-gundy.com), which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
11 OUR RIGHTS TO MAKE CHANGES
11.1 Minor changes to the contract
11.1.1 We change to the Training and Support (including the Material) delivered:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect the delivery of the Training.
11.2 More significant changes to the Training or these terms
11.2.1 In addition, we may make more significant changes to the Training or Support Membership, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Training paid for but not received:
12 YOUR RIGHTS TO END THE CONTRACT
12.1 What happens if you have good reason for ending the contract
12.1.1 If you are ending the contract for a reason set out below the contract will end immediately and we will refund you in full for any Training which has not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an upcoming change to the Training or Support Membership or these terms which you do not agree to;
(b) there is a risk the Training may be significantly delayed because of events outside our control;
(c) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
12.1.2 Once training has commenced, we cannot provide any refunds.
12.2 Exercising your right to change your mind
12.2.1 You have a right to change your mind within 14 days of entering this contract and receive a refund without giving any reason. The cancellation period is 14 days after payment has been made. Provided no course materials have been accessed.
12.22 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form attached to these terms, but it is not obligatory.
12.2.3 Unless you state otherwise, you agree that we may commence delivery of the Training during the cancellation period.
12.2.4 If you cancel after we have started the delivery of the Training and/or Support Membership, you must pay us for the Training delivered up until the time you tell us that you have changed your mind.
12.3 Ending the contract where we are not at fault and there is no right to change your mind
12.3.1 Unless you have a right to end the contract immediately the contract will not end until the expiry of the period of 12 months from when the contract was formed. We will not be able to provide you with any refund.
13 YOUR RIGHTS TO END THE CONTRACT
13.1 We may end the contract if you break it
13.1.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within [7] days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Training
(c) you do not complete the Training in the period required by us; or
(d) there is a change in your circumstances which means that we deem that you are no longer suitable to receive the Training and/or Support or it is not in your medical interests for you to receive the Training The decision as to whether you are suitable for Training or whether the Training is not in your medical interests rests with us and is final.
13.2 You must compensate us if you break the contract.
13.2.1 If we end the contract in the situations set out in paragraph 13.1 we will refund any money you have paid in advance for Training we have not provided but we may deduct or charge some of the price as compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may stop providing the Training
13.3.1 We may write to you to let you know that we are going to stop providing the Training. We will let you know at least [4 weeks] in advance of our stopping the Training and will refund any sums you have paid in advance for services which will not be provided.
14 OUR RIGHT TO SUSPEND THE TRAINING
14.1 Reasons we may suspend the Training
14.1.1 We may have to suspend the Training.
(a) deal with technical problems or make minor technical changes;
(b) update the Training to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Training as notified by us to you.
14.2 Your rights if we suspend the Training
14.2.1 We will contact you in advance to tell you we will be suspending the Training , unless the problem is urgent or an emergency. If we have to suspend the Training we will adjust the price so that you do not pay for Training while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than [4] weeks and we will refund any sums you have paid in advance for services not provided to you.
14.3 We may also suspend the Training if you do not pay
14.3.1 If you do not pay us for the Training when you are supposed to (see paragraph 10) and you still do not make payment within [7] days of us reminding you that payment is due, we may suspend the Training until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the Training
15 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us.
15.1.1 We will ensure that we deliver the Training in accordance with these terms and by using reasonable care and skill, in compliance with commonly accepted practices and standards in the industry and in compliance with all laws and regulations in force in Wales at the time we deliver the Training.
15.1.2 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.1.3 We will have no liability to you (or any other parties, including third parties and any clients you may have) for any loss of profits, loss of sales or business opportunity, business interruption, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.
15.1.4 Our total liability to you under or in connection with this Agreement (including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise) limited to the amount of fees actually paid by you to us under this Agreement.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
15.2.1 This includes liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of your legal rights in relation to the Training including the right to receive Training which is as described and supplied with reasonable skill and care.
15.3 We are not responsible for delays outside our control.
15.3.1 If our delivery of the Training is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
16 OTHER IMPORTANT TERMS
16.1 Performance of Training
16.1.1 Time shall not be of the essence for the delivery of the Training
16.2 No partnership or agency
16.2.1 Nothing in this contract is intended to, or shall be deemed to, establish any partnership or joint venture between You and Us, constitute any part of the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
16.3 We may transfer this agreement to someone else
16.3.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.4 Nobody else has any rights under this contract
16.4.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms
I16.5 If a court finds part of this contract illegal, the rest will continue in force.
16.5.1 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.
16.6 Even if we delay in enforcing this contract, we can still enforce it later.
16.6.1 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 and it will not 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 provide the products, we can still require you to make the payment at a later date.
16.7 Which laws apply to this contract and where you may bring legal proceedings
16.7.1 The contract shall be deemed made in Wales and these terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Model cancellation form - complete and return this form only if you wish to withdraw from the contract during the cancellation period (see paragraph 9.3 of these terms)
To [insert the trader's name, geographical address and, where available, fax number and e-mail address]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate