This page tells you the terms and conditions (Terms) on which we supply any of the digital products (Products) and our Training Courses (Courses) listed on our websites http//:www.helenleathers.com / http://www.spreadingthemagic.com / http://www.10steppingstones.com / http://www.thepsychicworkbook.co.uk / https://spiritualcoaching.me/ (our site) to you.
You will also find our terms for digital products here: https://spreadingthemagic.com/terms-conditions-of-supply-of-digital-products-by-spreading-the-magic-limited/
and for our Courses here:
https://spreadingthemagic.com/evolve-courses-terms-conditions/
Please read these Terms carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for your future reference.
Please check the box marked "I Accept the terms" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or Courses from our site.
TERMS FOR THE SUPPLY OF DIGITAL GOODS:
1. Information about us
http//:www.helenleathers.com / http://www.spreadingthemagic.com / http://www.10steppingstones.com / http://www.thepsychicworkbook.co.uk / https://spiritualcoaching.me/ are sites operated by Spreading The Magic Limited ("we" or “us”). Our address is 10 Bremridge Close, Barford, Warwickshire, CV35 8DG and our email address is contact@spreadingthemagic.com
2. Service availability
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
3. Your status
By placing an order through our site, 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 are resident in the United Kingdom;
(d) You are accessing our site from the United Kingdom; and
(e) You will only use a Product for your personal 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 Product. 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 Product is available for download (the Download Confirmation). The contract between us (Contract) will only be formed when we send you the Download Confirmation.
4.2 The Contract will relate only to those Products whose download we have confirmed in the Download Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the download of such Products has been confirmed in a separate Download Confirmation.
4.3 You agree that we may begin the supply of digital content not on a tangible medium (including e-books and other digital files) before the end of the cancellation period set out in paragraph 4.4 below and you acknowledge that you will lose your cancellation rights in relation to such digital content.
4.4 If you are purchasing a Product as a consumer, you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at contact@spreadingthemagic.com or by using the form of cancellation available here: https://spreadingthemagic.com/terms-conditions-of-supply-of-digital-products-by-spreading-the-magic-limited/. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this contract. However please see clause 4.3 about digital content.
4.5 You hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
5. Availability
Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact contact@spreadingthemagic.com to advise us that the Product has not been made available for download. As our systems are automated, we shall not be liable for any delay in the download of any Product.
6. Title and Intellectual Property
6.1 You will only be entitled to use the Products when we receive full payment of all sums due in respect of the Products.
6.2 As between us and you, all Intellectual Property Rights and all other rights in any Products 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 Product.
6.3 We shall enforce our Intellectual Property Rights in the Products to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A PRODUCT IS STRICTLY PROHIBITED.
7. Price and payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices are not currently subject to VAT.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
7.4 Payment for all Products 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 Product.
8. Refunds
8.1 As you are able to download, make use of and copy the Product immediately, we will only offer refunds in limited circumstances at our discretion.
8.2 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 Products 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 Products as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
9.2 If, for any reason, we are liable for any damages, other than those 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), our total liability shall be limited to the amount of the Product purchased.
9.3 By purchasing a Product, 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
(f) loss of data, or
(g) 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 Product, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to 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. 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 to Helen Leathers at contact@spreadingthemagic.com. 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.
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.
12.2 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.
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.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 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 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.
16.2 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.
16.3 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.
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.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products 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 Products).
18. Law and jurisdiction
Contracts for the purchase of Products 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 non-exclusive jurisdiction of the courts of England and Wales.
EVOLVE SPIRITUAL COACHING COURSES BOOKING TERMS AND CONDITIONS
BASIS OF AGREEMENT
1.1 These terms apply to any course offered by Spreading The Magic Limited (“the Company”) from time to time. Such courses may include:
(a) ‘Evolve’ Spiritual Life Coach Certificate; and
(b) ‘Evolve’ Spiritual Life Coach Diploma. (Courses)
1.2 www.helenleathers.com , www.spiritualcoaching.me, and www.spreadingthemagic.com (“site(s)”) are owned and operated by Spreading The Magic Limited a company registered in England and wales under company number 05478906 and with our registered office at 10 Bremridge Close, Barford, Warwickshire, CV35 8DG.
1.3 Any Order which you seek to place with the Company through the Company’s website or otherwise constitutes an offer by you to purchase a place on the relevant Course subject to these terms and conditions to the exclusion of all other terms and conditions.
1.4 Your Order shall only be deemed to be accepted by the Company when the Company notifies you in writing, usually by email, that your application is approved on which date (the Commencement Date) a contract between you and the Company shall come into existence on the basis of these terms and conditions and any additional terms set out in the Company’s notification of approval (the Contract).
1.5 The Contract constitutes the entire agreement between you and the Company. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.6 Any example coaching or training sessions or presentations, descriptive matter or advertising issued by the Company and any illustrations or descriptions of the Courses contained in our catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Courses described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.
SUPPLY OF SERVICES
2.1 Subject to receipt of the Charges by the Company in full we shall supply the Course to you in accordance with section 1 of this agreement.
2.2 We shall have the right to make any changes to the Course which are necessary to comply with any applicable law or safety requirement which do not materially affect the nature or quality of the Course, or which we consider desirable or appropriate in connection with the Course.
CHARGES AND PAYMENT
3.1 The charges for the Course (the Charges) shall be as described on our website at the Commencement Date.
3.2 Payment in full of the Charges shall be received by the Company in cleared funds no later than 4 weeks before date of commencement of the course, unless by prior written agreement with Spreading The Magic Limited.
3.3 Should the Charges not have been paid in accordance with the Contract you will not be permitted to commence the Course.
3.4 Subject to clause 4, Charges are non-refundable.
CANCELLATION
Before we begin to provide the services, you have the following rights to cancel our services:
4.1 You may cancel the Agreement by notice in writing at any time up to 14 days after the application approval date (subject to clause 4.4). It is your responsibility to ensure and confirm that any notice of cancellation has been received by the Company and that you have received an acknowledgement of receipt from the Company. In the event of your cancelling the Agreement in accordance with clause 1 of this Agreement the Company will refund any deposit paid by you.
4.2 In the event of your cancelling the Agreement other than in accordance with clause 4.1 any deposit or Charges paid will be retained by the Company as outlined below.
4.3 In the event of your being unable to attend a course on the dates you originally booked the Company will use reasonable endeavours to accommodate requests for transfers to alternative dates or alternative courses but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative course any deposit or Charges paid will be retained by the Company.
4.4 All course cancellations must be sent to us in writing by email to contact@spreadingthemagic.com We cannot accept verbal course cancellations.
If booking is cancelled with less than 6 weeks notice of the start date, the course deposit will be retained as a cancellation fee, unless you are able to transfer to another course date in which case no cancellation fee will apply.
If booking is cancelled with less than 4 weeks notice of the start date, the full course balance will be retained as a cancellation fee.
This policy applies for all course bookings made with us, over the phone or through our website (www.helenleathers.com, www.spreadingthemagic.com, or www.spiritualcoaching.me ).
4.5 Substitute delegates cannot be used, unless approved in writing by the Company.
5. Our rights to cancel and applicable refund
5.1 Where events outside of our control, such as unavailability of key personnel or key materials without which we cannot provide the services or the products, mean that a particular element of the course cannot be delivered on the agreed date, we will liaise with you to rearrange dates and continue with the course within an extended time period.
5.2 Where rearrangement is not possible, we may have to cancel an order before the start date for the course. If this happens:
we will promptly contact you to let you know
if you have made any payment in advance for a course that has not been provided to you, we will refund these amounts to you
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
6.1 We have spent considerable time and costs in the development of our coaching and training systems and processes and all the information which we, our employees, agents or subcontractors provide in relation to the Course and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions (the Materials). You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of course materials and shall restrict disclosure of any confidential information to such of your employees, agents or subcontractors as need to know it for the purpose of performance of the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind you.
6.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by the Company and nothing in the Contract shall grant you any Intellectual Property Rights.
6.3 For the purposes of this clause 6, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
6.4 This clause 6 shall survive termination of the Contract.
LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall limit or exclude our 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; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.2 Subject to clause 7.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Contract.
7.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.4 This clause 7 shall survive termination of the Contract.
TERMINATION
8.1 Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.
GENERAL
9.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents the Company from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
9.2 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
9.3 If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Workshop, you shall be required to leave the Workshop and we shall not be liable to refund your Registration Fee or any other payment.
9.4 No failure or delay by the Company in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
9.5 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
9.6 Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Company.
9.7 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.