Online Course Terms and Conditions
This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website [www.mpower.global] (our site) to you. Please read these Terms carefully before ordering any Courses from our site.
You should print a copy of these terms and conditions for your future reference.
By placing an order on our site, 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
www.mpower.global is a site operated by Nicola Huelin ‘trading as’ Mpower ("we" or “us”). Our address is 12, Station Court, Station Approach, Wickford, SS11 7AT, UK and we can be contacted directly via our contact page.
2. Your status
By placing an order through our site, you warrant and confirm that you are legally capable of entering into binding contracts; and you are at least 18 years old;
3. Use Of Course
By placing an order through our site, you warrant and confirm that 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.
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 of such Course has been confirmed in a separate Access Confirmation.
5. Availability
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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 us 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. Title and Intellectual Property
6.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.
As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. 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.
6.2 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, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.
You may not without our prior written consent make any audio or visual recordings of any part of the course.
6.3 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.
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. Price and payment
7.1 The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT except where expressly stated otherwise.
7.2 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.
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.
7.3 Payment for all Courses must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.
8. Refunds
8.1 As you are able to download, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Our liability
9.1 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, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
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).
9.2 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.
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 loss of business
(b) loss of profits or contracts loss of anticipated savings
(c) loss of data, or 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.
[NOTE: IF YOU ARE DEALING WITH CONSUMERS, LIMITATION CLAUSES NEED TO BE REASONABLE OR THEY WILL BE VOID. SEE THE TRAINING IN THE SAVVY SHAY MEMBERSHIP ON SELLING ONLINE COURSES FOR MORE INFOTMATION]
10. 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. 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.
11. Notices
All notices given by you to us must be given in writing to:
Nicola Huelin,
C/O Pugh Clarke & Sons, 12 Station Court
Station Approach
Wickford
Essex
SS11 7AT
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 7 working 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.
12. Transfer of rights and obligations
12.1 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.
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.
13. 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.
14. Waiver
14.1 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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.2 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 14 above.
15. 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.
16. Entire agreement
16.1 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.
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.
16.2 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.
17. Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time.
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 Download 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).
18. Law and jurisdiction
Contracts for the purchase of Courses through our site 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.
19. Facebook support group and live Q&A’s
I understand that my programme gives me access to the private Facebook support group and weekly live Q&A sessions for 90-days.
20. Timetabling of 1-2-1 Sessions (if applicable)
If I need to re-arrange any sessions, I will give at least 48 hours notice. I understand that if I fail to give 48 hours notice, my coach will be within her rights to forfeit that session within the programme. The Coach and Client commit to start and finish each session on time. I understand that if I am more than 20 minutes late for a session, the Coach will assume the session is cancelled.
21. Ground Rules
As the client, I understand that I am fully responsible for the decisions and choices reached during the programme. I understand that the mindset work covered in Authentic Enrolment Mastery is not a substitute for counselling, mental health care or substance abuse treatment. I promise to inform Nicola if I am currently in any kind of therapy and that any medical or therapeutic practitioners involved in my care have been advised of my intention to work through this programme.
Privacy notice
1 - How we use your personal data
We are committed to protecting your personal data.
The only data we collect from you is as submitted by you.
We will use any potentially sensitive data shared during sessions, for the purposes of providing our services to you or if we need to comply with a legal obligation. Our legal ground of processing this data is your explicit consent.
We will use your non-sensitive personal data to (i) register you as a new client, (ii) manage payment, (iii) collect and recover monies owed to us (iv) to manage our relationship with you, (v) send you details of our goods and services.
Our legal grounds for processing your data are in relation to points (i) to (iv) above are for performance of a contract with you and in relation to (iii) and (v) above, necessary for our legitimate interests to develop our products/services and grow our business and to recover monies owed.
We will not share your details with third parties for marketing purposes except with your express consent.
2 - Disclosure of your personal data
We may have to share your personal data with (i) service providers who provide IT and system administration support, (ii) professional advisors including lawyers, bankers, auditors and insurers (iii) HMRC and other regulatory authorities (iv) third parties to whom we sell, transfer or merge parts of our business or our assets and/or (v) to my supervisory coach as part of my on-going professional coaching supervision.
We require all of these third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. They are only allowed to process your personal data on our instructions.
3 - International transfers
Some of our third-party providers are businesses outside of the EEA in countries which do not always offer the same levels of protection for your personal data. We do our best to ensure a similar degree of security by ensuring that contracts, code of conduct or certification are in place which give your personal data the same protection it has within Europe. If we are not able to do so, we will request your explicit consent to the transfer and you can withdraw this consent at any time.
4 - Data security
We have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breaches and will notify you and any applicable regulator where we are legally required to do so.
In certain circumstances you can ask us to delete your data. See the section entitled ‘your rights’ below for more information.
We may anonymise your personal data (so that you can no longer be identified from such data) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
5 - Data retention
We will only keep your personal data for as long as is necessary to fulfil the purposes for which we collected it. We may retain your data to satisfy any legal, accounting, or reporting requirements so for example we need to keep certain information about you for 6 years after you cease to be a client for tax purposes.
You have the right to ask us to delete the personal data we hold about you in certain circumstances. See section 6 below.
6 - Your rights
You are able to exercise certain rights in relation to your personal data that we process. These are set out in more detail at
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
In relation to a Subject Access Right request, you may request that we inform you of the data we hold about you and how we process it. We will not charge a fee for responding to this request unless your request is clearly unfounded, repetitive or excessive in which case we may charge a reasonable fee or decline to respond.
We will, in most cases, reply within one month of the date of the request unless your request is complex or you have made a large number of requests in which case we will notify you of any delay and will in any event reply within 3 months.
If you wish to make a Subject Access Request, please send the request to:
Nicola Huelin,
C/O Pugh Clarke & Sons, 12 Station Court
Station Approach
Wickford
Essex
SS11 7AT
or email [email protected] marked for the attention of the Data Compliance Officer.
7 - Keeping your data up to date
We have a duty to keep your personal data up to date and accurate so from time to time we will contact you to ask you to confirm that your personal data is still accurate and up to date.
If there are any changes to your personal data (such as a change of address) please let us know as soon as possible by writing to or emailing the addresses set out in section 6 above
8 - Complaints
We are committed to protecting your personal data but if for some reason you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
We should be grateful if you would contact us first if you do have a concern so that we can try to resolve it for you.