TERMS & CONDITIONS
These Terms and Conditions (Terms) together with our Privacy Notice set out the terms for (i) the use of our dedicated Kajabi online business platform (currently available at labaroma.mykajabi.com) (our Kajabi Platform) and (ii) our supply of any of the distance learning courses which may be purchased and accessed on our Kajabi Platform (Courses). Please read these terms carefully and make sure that you understand them, before using our Kajabi Platform or ordering any Course from us as they form a binding legal agreement between you and us (Agreement). You should understand that by using our Kajabi Platform or by ordering any Course, you agree to be bound by these terms.
You should print a copy of these terms for future reference.
Note that if you refuse to accept these Terms you must not use our Kajabi Platform or purchase any Course from our Kajabi Platform. Any use of our Kajabi Platform or any Course that you do purchase on our Kajabi Platform will be purchased on these Terms.
3.3 You acknowledge and agree that we may monitor your use of our Kajabi Platform, our Courses and the Course Materials. Where, in our sole opinion, we suspect misuse has occurred, we reserve all our rights to take appropriate legal action for any such misuse. We restrict access to Courses on our Kajabi Platform to users who have purchased such Courses.
4.1 By placing an order for a Course through our Kajabi Platform, you warrant that;
4.1.1 you are legally capable of entering into binding contracts; and
4.1.2 you are at least 18 years old.
5.1 After placing an order for a Course, you will receive an e-mail from us or our service provider acknowledging that we have received your order. Your order constitutes an offer to us to buy a Course. All orders are subject to acceptance by us, at which point we will send you an e-mail confirming that we have accepted your application to join a Course, (Order Confirmation E-mail). The contract between us and you (Contract) will only be formed when we send you the Order Confirmation E-mail.
5.2 The Contract will relate only to those Courses we have confirmed in the Order Confirmation E-mail. We will not be obliged to supply any other courses, nor will any contract be formed between us and you in respect of any other Course, which may have been part of your order until we confirm acceptance your application to join such Course in a separate Order Confirmation E-mail.
5.3 If you have asked us to supply more than one Course, the same acceptance procedure will apply to each individual Course.
6.1 We may also provide links on our Kajabi Platform to the websites of other companies, whether affiliated with us or not. These links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
7.1 All our Courses are digital products which you will download to access. If you are contracting as a consumer, you have a legal right to cancel a Contract at any time within fourteen (14) days beginning on the day you received the Order Confirmation E-mail, provided that you have not yet commenced the Course. In such case, you will receive a full refund of the price paid for the Course in accordance with our refunds policy (please see below). You agree that if you have accessed any part of the Course (for example, by downloading the course materials or opening any e-mail attachment containing Course Materials), then the service we are providing you in making the Course available will have commenced and you will lose your right to cancel the Contract during those fourteen (14) days. No such right to cancel shall exist if you are not a consumer.
7.2 To cancel a Contract, you must inform us in writing via e-mail to [email protected]].
7.3 We will usually refund any money received from you using the same method used by you for payment.
7.4 Any cancellation of, or refunds, for Courses other than in accordance with the cooling-off period referred to above, will be at our sole discretion, and administration charges may apply.
7.5 This provision does not affect you other statutory rights as a consumer.
8.1 At appropriate times during your course we will, at our sole discretion provide you with the use of such materials as we deem necessary to complete the Course (Course Materials), once we have accepted your order. Subject to the limited licence granted to you in clause 9.1 below all Course Materials remain the property of LabAroma Limited.
8.2 We will make the Course Materials available to you as soon as we accept your order.
9.1 On payment of the applicable fee for a Course (Course Fee), we grant to you a non-exclusive, non-transferrable licence for you to use the Course for the sole purpose of your non-commercial home or work use in connection with your receipt of the Course Materials (Permitted Purpose).
9.2 As such, you may make copies of the Course Materials for viewing for your non-commercial home or work use and you may print off one copy, and may download extracts, of any page(s) from our Kajabi Platform for the Permitted Purpose.
9.3 You must not allow access to, or copies of, the Course Materials to any third party or use any part of the Course Materials for commercial purposes without obtaining a written licence to do so from us.
9.4 We will also create and maintain a closed Support group for participants of a Course (Course Support Group) which you will be invited to join. This is a community run group, meaning that students are encouraged to help each other. The Course Support Group will remain open for the duration of the Course student support period. We will conduct a live Question and Answer sessions once per week inside the Course Support Group. At the completion of the Course student support period, we will automatically remove you from this group. Your access to the Course Support Group will be subject to the terms and policies of Support (including Support’s Privacy Notice) which you should read carefully before you accept an invitation to join the group. You acknowledge that you are solely responsible for any content you upload onto the Course/ Course Support Group and such content is subject to the restrictions set out in clause 16 which you must comply with at all times.
9.5 In the event that we change the electronic platform on which the Courses are available, you acknowledge that you may need to take reasonable actions to retain access to any Course that you have purchased, including but not limited to re-registering your details on a new electronic platform. We will give you notice in advance of any such requirement, together with instructions explaining what actions will be required from you to retain access to any Course that you have purchased.
10.1 You can usually choose between a single payment of the Course Fee or to pay in 12 monthly instalments. If you opt for the instalment option, you must make the first monthly instalment when you register for a Course and your selected payment method will be automatically charged the remaining 11 instalments on a monthly basis until the Course Fee is paid in full. You acknowledge and agree that in the event that a monthly instalment payment is cancelled or missed by you, your selected payment method will be automatically charged by us for the remaining monthly instalments due to ensure that we receive payment of the Course Fee in full for the Course you have downloaded and accessed. If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly and if you fail to do so, we reserve all rights to pursue you for payment of the full Course Fees payable for the Course you have downloaded and accessed.
10.2 The Course Fees for each Course will be as quoted on our Kajabi Platform from time to time (except in cases of obvious error). Course prices are inclusive of sales taxes.
10.3 Course Fees are liable to change from time to time but changes will not affect orders in respect of which we have already sent you an Order Confirmation E-mail.
10.4 It is always possible that, despite our best efforts, the Course Fees listed on our Kajabi Platform may be incorrect. We will normally verify Course Fees as part of our Order Confirmation E-mail. We are under no obligation to provide a Course to you at the incorrect (lower) price even after we have sent you an Order Confirmation E-mail, if the pricing error is obvious.
10.5 Payment for all Courses may be made by the means detailed elsewhere on our Kajabi Platform.
10.6 Where we have agreed credit terms with you where you have selected the monthly payment option for a Course, if you fail to pay us any sums when due, we may:
10.6.1 suspend the provisions of, or access to a Courses and the associated Course Materials to you until full payment has been made; and/or
10.6.2 charge you interest on the overdue sum at a rate of 4% per annum above the base rate from time to time to the Bank of England, from the due date until the date of actual payment (including after any judgment). Such interest shall accrue on a daily basis and be compounded quarterly. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
11.1 Each registration provided when you enrol on a Course is for a single user only. You are not permitted to share your Course Materials with any other person nor with multiple users. Responsibility for the security of your registration any Course Materials rests solely with you. You are responsible for any activities carried out using your registration. Where a password has been issued to you, if you know or suspect that someone else knows your password, you should contact us immediately.
11.2 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of these Terms.
12.1 We reserve the right to refuse to accept you for Courses or to stop providing the Course Materials to you or to terminate your licence to access particular Courses and the Course Materials immediately if you fail to comply with any of these Terms if your previous actions give us reasonable grounds to believe that you may fail to do so in the future or if we receive a complaint about your use of our Kajabi Platform, Courses or the Course Materials.
12.2 If we exercise the right given by clause 12.1 we shall notify you via e-mail and will immediately suspend your access to the Course and the Course Materials.
13.2 Commentary and other materials posted on our Kajabi Platform or contained in a Course is not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Kajabi Platform or anyone who purchases a Course or anyone else who may be informed of any of its contents.
This section is important – it explains how and why we exclude liability for your use of our Kajabi Platform and our Courses. Please read this section carefully before using our Kajabi Platform or purchasing a Course.
14.1 We do not make any commitment that the content of any Course will meet any specific requirements you have and you are required to take reasonable steps to verify that the Course will meet your needs.
14.2 We do not make any commitment to you that you will obtain any particular qualifications from your receipt of the Course, unless otherwise stated by us. We do not give any warranties that you will be in a position to obtain a particular role or remuneration as a result of your taking part in any of our Courses.
14.3 We are not responsible to you for any data that you lose either as a result of accessing the Course Materials or during the completion of any Course. You must ensure that you regularly save and back up all data used for completing the Course.
14.4 Whilst we endeavour to ensure that the information on our Kajabi Platform is correct, we do not warrant the accuracy and completeness of the material on our Kajabi Platform. We may make changes to the material on our Kajabi Platform, or to the products services and prices described in it, at any time without notice. The material on our Kajabi Platform may be out of date, and we make no commitment to update such material.
14.5 All material on our Kajabi Platform (including, without limitation, a Course and the Course Materials) is provided “as is” and “as available” basis without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to any part of our Kajabi Platform.
14.6 Subject to clause 14.7, our liability in connection with any Course purchased through our Kajabi Platform is strictly limited to the Course Fees for that Course.
14.7 We do not limit or exclude in any way our liability:
14.7.1 for death personal injury caused by our negligence;
14.7.2 for fraud or fraudulent misrepresentation; or
14.7.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
14.8 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14.9 You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and all other professional costs and expenses (calculated on a full indemnity basis) suffered or incurred by us, arising out of any third party claims against us which arise in connection with a breach of these Terms by you.
14.10 We do not guarantee that our Kajabi Platform or any material on it (including Course Materials) will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Kajabi Platform. You should use your own virus protection software.
This section is also important.
15.1 There are various ways in which we might collect information from you:
15.1.1 by simply landing on our Kajabi Platform, we may gather information from you which the law regards as personal data, such as your internet protocol (IP) address; and
15.1.2 when you register for a Course, we will collect personal information about you (such as your name, email address and your financial details to take payment for a Course) (together, Personal Data).
15.2 You can learn about what information we collect from you, how we use it and what your rights are in relation to our use of your Personal Data here.
15.3 You are solely responsible for any information submitted by you to our Kajabi Platform. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trademark or other intellectual property rights of any person in any jurisdiction.
15.4 You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to our Kajabi Platform. We reserve the right to remove any information supplied by you from our Kajabi Platform at our sole discretion, at any time and for any reason without being required to give any explanation.
16.1 Other than personally identifiable information which is covered under our Privacy Notice, any material you send to us will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
16.2 As a condition of participating in a Course, you agree to respect the privacy of other Course participants. You must not share any information provided by other Course participants outside of the bounds of the Course unless you receive express written permission from such other participant to share such information. You must not post information on any social media channel which you have access to via our Kajabi Platform which includes any Personal Data of any other living person unless you have first obtained their explicit, informed and unambiguous consent to do so.
16.3 You acknowledge and agree that you may not upload on to any part of our Kajabi Platform (or authorise or allow anyone else to upload) any content which (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorised disclosure of personal or confidential information; (iii) violates the rights of any party (including but not limited to any patent, trade mark, trade secret, publicity right, privacy right, copyright or other IPR) or otherwise create liability or violate any local, state, national or international law and/or (iv) constitutes or encourages a criminal offence.
16.4 We are not responsible for any content uploaded by you on to any part of our Kajabi Platform. As such, you acknowledge and agree that (i) we have no duty to moderate any content accessible via any part of our Kajabi Platform and that you are solely responsible for any content uploaded by you; (ii) any use by you of or reliance upon any content accessible via any part of our Kajabi Platform is at your sole risk. We do not endorse any information which may be accessible via any part of our Kajabi Platform; and (iii) we reserve the right to remove or edit any content (at our sole discretion), if we determine that it is not in compliance with these Terms or is notified to us as objectionable by a third party, and to provide your IP address and other identifying information to law enforcement authorities, where appropriate, and take any and all other legal action at our disposal if we believe you have breached these Terms.
17.1 You acknowledge that:
17.1.1 we own or licence all legal rights, title and interest in and to our Kajabi Platform, and all the material published on it (including, without limit, our Courses and the Courses and the Course Materials) including any intellectual property rights which subsist therein; and the registered trade mark, ‘LabAroma®’, along with any associated get-up and logos (together, the LabAroma IP); and
17.1.2 all LabAroma IP belong to and shall remain vested in us (or where relevant our licensors) and that nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the limited rights of use set out in these Terms).
17.2 You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features displayed in on our Kajabi Platform (or the materials published on it) belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within our Kajabi Platform or the materials published on it (including our Course Materials).
17.3 Our Kajabi Platform may include components which are licensed to us by third parties and our Courses are currently hosted on a third party software platform (any such party, a Third Party Licensor). To the extent that the terms of any such license impose any obligation on you which is in addition to any obligation imposed on you by these Terms (Third Party Licensor Obligation) you undertake fully to comply with and fulfil all requirements of any such Third Party Licensor Obligation.
17.4 In the event that your use of LabAroma IP if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify so that it is no longer infringing or obtain for you the right to continue using such material. This therefore constitutes your sole remedy in relation to any claim of infringement in respect of such material.
18.1 We may at any time terminate this Agreement (and your access to our Kajabi Platform, a Course or the Course Materials) with immediate effect and with you with no liability to you, at our sole discretion, if:
18.1.1 you materially breach any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms);
18.1.2 we cease to provide our Kajabi Platform and/or do business.
18.2 On termination of this Agreement, the following clauses shall apply:
18.2.1 the licence granted under clause 9.1 shall immediately terminate;
18.2.2 if we have terminated these Terms other than for a reason set out in clause 12.1.1 or 12.1.2 we will refund you for any services paid for by you but not received owing to the termination;
18.2.3 we reserve the right to promptly delete any content you have uploaded to our Kajabi Platform (it is your responsibility to make sure you have and maintain a back-up of any such documents and/or content);
18.2.4 all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular the provisions of clauses 13 – 15, 17 and 18 (inclusive) shall survive termination of these Terms.
19.1 We aim to update our Kajabi Platform and our Courses regularly from time to time to reflect changes to our services, our business and our users’ needs.
19.2 We do not guarantee that our Kajabi Platform, or any content or Courses in it on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Kajabi Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Any such notice will be posted on our Kajabi Platform.
20.1 You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
20.2 Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
20.3 Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between us.
20.4 We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms owing to circumstances beyond our reasonable control, including, without limitation, acts of God, governmental actions, an outbreak of hostilities, in the event of a national emergency, or terrorist intervention, or telecommunications breakdown or power outage.
20.5 If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
20.6 These Terms represents the entire agreement between you and us in relation to the subject matter of these Terms and neither you nor we has relied upon any statement or representation made by the other in agreeing to enter these Terms.
21.1 These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.
Last updated: 24/07/2020