1. WE RESPECT YOUR PRIVACY
1.1. Elaine Powell International Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
1.2. We adhere to the EU Privacy Principles contained in the Data Protection Act2018 and to the extent applicable, the EU General Data Protection Regulation(GDPR).
1.3. “Personal information” is information we hold which is identifiable as being about you.
This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
1.4. You may contact us in writing at Elaine Powell International Ltd, 2 The Peacocks, Holt, Norfolk, PO Box 75951, London, NR25 6AL for further information about this Privacy Policy.
2. WHAT PERSONAL INFORMATION IS COLLECTED
2.1. Elaine Powell International Ltd will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to using other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
2.3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.4. Additionally, we may also collect any other information you provide while interacting with us.
3. HOW WE COLLECT YOUR PERSONAL DATA
3.1 Elaine Powell International Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
3.2 By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.1. Elaine Powell International Ltd may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
4.2. Elaine Powell International Ltd will use personal information only for the purposes that you consent to. This may include to:
(a) provide you with products and services during the usual course of our business activities;
(b) administer our business activities;
(c) manage, research and develop our products and services;
(d) provide you with information about our products and services;
(e) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail; and
(f) investigate any complaints.
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
4.3. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
4.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
5. DISCLOSURE OF YOUR PERSONAL INFORMATION
5.1. Elaine Powell International Ltd may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
5.2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
6. GENERAL DATA PROTECTION REGULATION (GDPR) FOR THE EUROPEAN UNION
6.1. Elaine Powell International Ltd will comply with the principles of data protection setout in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
6.2. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
6.3. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
6.4. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
6.5. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
6.6. We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
6.7. We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
6.8. You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
7. YOUR RIGHTS UNDER GDPR
7.1 If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Elaine Powell International Ltd complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
7.2 Except as otherwise provided in the GDPR, you have the following rights:
(a) to be informed how your personal information is being used;
(b) access your personal information (we will provide you with a free copy of it);
(c) to correct your personal information if it is inaccurate or incomplete;
(d) to delete your personal information (also known as “the right to be forgotten”);
(e) to restrict processing of your personal information;
(f) to retain and reuse your personal information for your own purposes;
(g) to object to your personal information being used; and
(h) to object against automated decision making and profiling.
7.3 Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
7.4 We may ask you to verify your identity before acting on any of your requests.
8. HOSTING AND INTERNATIONAL DATA TRANSFERS
8.1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of the United Kingdom. These may include, but are not limited to USA and Dubai
8.2. We have offices and/or facilities in the United Kingdom. Transfers to other countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Elaine Powell International Ltd’s Data Protection Officer.
8.3. The hosting facilities for our website are situated in the United Kingdom. Transfers will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Elaine Powell International Ltd’s Data Protection Officer.
8.4. Our Suppliers and Contractors are situated in the United Kingdom. Transfers will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Elaine Powell International Ltd’s Data Protection Officer.
8.5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
9. SECURITY OF YOUR PERSONAL INFORMATION
9.1. Elaine Powell International Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.
9.2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect persona information against unauthorized use, loss and theft.
9.3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
10. ACESS TO YOUR PERSONAL INFORMATION
10.1. You may request details of personal information that we hold about you in accordance with the provisions of the Data Protection Act 2018, and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or belief that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@elainepowell.com.
10.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Data Protection Act 2018 or any other applicable law.
11. COMPLAINTS ABOUT PRIVACY11.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to info@elainepowell.com We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
12. CHANGES TO PRIVACY POLICY
12.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
13. WEBSITE
13.1. When you visit our website
When you come to our website (www.mindspeakacademy.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
13.2. Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.
13.3. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
13.4. Third party site.
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Elaine Powell International Ltd is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information. This website is owned and operated by Elaine Powell International Ltd.
1. TERMS AND CONDITIONS
In these Terms and Conditions, the following definitions apply:
Elaine Powell International Ltd a company with its registered office located at 2 The Peacocks, Holt, Norfolk, PO Box 75951, London, NR25 6AL.
Elaine Powell International Ltd Product or Services (collectively referred to as ‘the Products and/or Services): the products and services offered by Elaine Powell International Ltd.
Client: The person or company purchasing the Products and/or Services from Elaine Powell International Ltd.
Commencement Date: the date that Elaine Powell International Ltd commences provision of the Products and/or Services to the Client.
Conditions: terms and conditions as amended from time to time in accordance with clause 14.
Contract: the contract between Elaine Powell International Ltd and the Client for the supply of Products and/or Services comprising of the Order and these Conditions.
Fees: the fees payable by the Client for the supply of the Products and/or Services in accordance with clause 4.
Order: the Client’s order for the Products and/or Services (and any subsequent ongoing Products and/or Services) as set out in the Order Form.
Order Form: Elaine Powell International Ltd’s form which can be completed online, over the phone, or in person, which sets out the Fees and which incorporates these Terms and Conditions.
Service: the provision of and grant of access to the Elaine Powell International Ltd Products and/or Services.
Privacy Policy means the policy (as updated from time to time) which can be found on the Elaine Powell International Ltd Website at www.mindspeakacademy.com/privacy_policyidentifying certain respective rights and obligations in respect of the personal data and privacy under the Contract.
Authorized Affiliates means, in respect of the Products and/or Services, the Affiliates of the Client (if any) in respect of those Products and/or Services.
Authorized Users means, in respect of the Products and/or Services, the users authorized by the Client to use those Products and/or Services in accordance with the Contract.
Client Data means all data (in any form) that is provided to Elaine Powell International Ltd or uploaded or hosted on any part of any Products and/or Services by the Client or by an Authorized User.
Client Systems means all software and systems used by or on behalf of the Client, the Authorized Affiliates, any of its or their direct or indirect sub-contractors, or any Authorized User in connection with the provision or receipt any of the Products and/or Services or that the Products and/or Services otherwise link, inter-operate or interface with or utilize (in each case whether directly or indirectly).
Protected Data means the information and data referred to in the Privacy Policy.
Services has the meaning of the software platform Elaine Powell International Ltd provides to enable the Client to market to their customers and the database that the Client uses to store their customers details within.
2. BASICS OF CONTRACT
2.1. The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Elaine Powell International Ltd which is not set out in the Contract. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
2.2. Any sample materials, descriptive matter or advertising issued by Elaine Powell International Ltd, and any descriptions of illustrations contained in Elaine Powell International Ltd’s website or brochures, are issued or published for the sole purpose of giving an approximate idea of the Products and/or Services as offered by Elaine Powell International Ltd. They will not form part of the Contract or have any contractual force. Elaine Powell International Ltd is under a legal duty to supply goods that are in conformity with the Contract.
2.3. Elaine Powell International Ltd has the right to make any changes or alterations to the nature, scope and content of the Products and/or Services, without notice to the Client, at any time, provided these do not affect the nature of the Products and/or Services.
2.4. Elaine Powell International Ltd will supply the Products and/or Services to the Client and Elaine Powell International Ltd warrants to the Client that such Products and/or Services have been prepared using reasonable care and skill. Elaine Powell International Ltd provides no guarantee that the Products and/or Services will provide any results for the Client.
2.5. Elaine Powell International Ltd will use reasonable endeavours to meet any dates in relation to supporting the Products and/or Services (including but not limited to dates for the Client to attend calls) but any such dates will be provisional only and may be subject to change at the discretion of Elaine Powell International Ltd, with no liability attaching to Elaine Powell International Ltd in respect of such changes.
2.6. Elaine Powell International Ltd will have the right to make any changes to the support of the Products and/or Services which do not affect their nature or quality (including but not limited to: trainers and teachers, call lengths, session lengths, session frequency, session type, session location, training type, training location, venue location, coach allocated, Facebook group access and content, Kajabi access and content).
2.7. The Client shall (and shall ensure all Authorized Affiliates and Authorized Users shall) at all times comply with all applicable laws relating to the use or receipt of the Products and/or Services, including laws relating to privacy, data protection and use of systems and communications.
3. CLIENT’S OBLIGATIONS
3.1. The Client will: (a) ensure that all information given by the Client to Elaine Powell International Ltd is complete and accurate; (b) co-operate with Elaine Powell International Ltd in all matters relating to the Products and/or Services; (c)pay the Fees strictly in accordance with the payment schedule set out in the Order or as otherwise confirmed in writing by Elaine Powell International Ltd; (d) not use the Products and/or Services or any content, data or information derived from the Client’s use of the Products and/or Services for any purpose other than that which has been expressly authorized under the Contract; (e) not use the Products and/or Services for any unlawful purpose; and (f) permit Elaine Powell International Ltd to include information of video footage on its website highlighting any benefits which the Client or Client’s business has obtained from the Products and/or Services and in this regard, the Client hereby grants to Elaine Powell International Ltd a royalty-free, non-exclusive perpetual licence to use any intellectual property rights of the Client for this purpose.
3.2. The Client, for itself and as trustee for any of its directors, employees, agents, Authorized Affiliates, Authorized Users or similar, undertakes to observe the obligations set out in clauses 3.1 to 3.7 (inclusive) and shall fully indemnify Elaine Powell International Ltd from and against all loss, damage, costs and claims arising from its failure to adhere to those provisions or otherwise to fulfil its obligations under the Contract.
3.3. Transmission of storage of any information, data or material in violation of any law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The Client agrees to indemnify, and hold harmless, Elaine Powell International Ltd from any claims resulting from the use of the Products and/or Services which damages the Client or any other parties.
3.4. Spamming, or the sending of unsolicited emails, using an email address or URL that is maintained on a Elaine Powell International Ltd machine, or directing traffic to a webpage that contains any reference to Elaine Powell International Ltd is STRICTLY prohibited. Elaine Powell International Ltd will be the sole arbiter as to what constitutes a violation of this provision. This action will result in immediate termination of the Products and/or Services without any refund to the Client and could be subject to legal action by Elaine Powell International Ltd against the Client. Any service interruptions as a result of Client’s spamming will be billed to the Client at £20.00 per hour until service is restored.
3.5. Importing or in any way using purchased leads with a Elaine Powell International Ltd account is strictly prohibited. If the Client has paid money, or in any way purchased a group of pre-existing leads, these may not be used with Elaine Powell International Ltd. Only people that have specifically requested information directly from the Client may be emailed through Elaine Powell International Ltd.
3.6. The Client is prohibited from transmitting on or through any of Elaine Powell International Ltd’s platforms or servers, including but not limited to social media platforms, any material that is (in Elaine Powell International Ltd’s sole discretion) unlawful, obscene, threatening, disruptive, abusive, libellous, hateful, that encourages conduct which could constitute a criminal offence, that gives rise to civil liability, that otherwise violates any national or international law, or that involves the transmission of any pornographic or sex-related merchandise or data.
3.7. The Client shall (and shall ensure all Authorized Affiliates, Authorized Users or similar shall) at all times comply with all applicable laws relating to the use or receipt of the Products and/or Services, including laws relating to privacy, data protection and use of systems and communications.
4. FEES AND PAYMENT
4.1. The Fees for the Products and/or Services are detailed in the Order or any agreement made in writing between Elaine Powell International Ltd and the Client.
4.2. The Fees will be paid in full in accordance with the Order, written confirmation from Elaine Powell International Ltd, or any agreement made with a finance company in accordance with payment for the Products and/or Services.
4.3. All payments due to Elaine Powell International Ltd under the Contract shall be made in full without any deduction or any withholding. The Client will not be entitled to assert any credit, set off or counterclaim against Elaine Powell International Ltd against any sum(s) owed.
4.4. In relation to payment by instalments or a payment plan, payment shall be made monthly on the same calendar day as the date of the Order or as otherwise agreed in writing between Elaine Powell International Ltd and the Client.
4.5. The Fees will remain payable by the Client notwithstanding any decision to cease using the Products and/or Services and even if the Client does not complete, access, attend or use the entire Products and/or Services.
4.6. Elaine Powell International Ltd shall be entitled to continue processing payments for any monies outstanding using any of the Client’s debit or credit card details previously confirmed to Elaine Powell International Ltd.
4.7. In the event of any payment due to Elaine Powell International Ltd becoming overdue and unpaid for more than 20 (twenty) days, Elaine Powell International Ltd may, at its discretion, suspend or withdraw the provision of the Products and/or Services, without prejudice to any of its other rights as to termination.
4.8. Save as to the cooling off period set out at clause 5, the Contract is non-cancellable and payment will be due by the Client regardless of whether the Products and/or Services are used.
4.9. The Client acknowledges that they have signed or agreed to the Order through their own choice without coercion or any lawful tactics from Elaine Powell International Ltd and are fully responsible for their own decisions.
4.10. Elaine Powell International Ltd reserves the right to instruct third party legal representation should the Client fail to make payment in accordance with these Conditions.
5. COOLING OFF AND RIGHT TO CANCEL
5.1. The Client has a limited period, referred to as ‘cooling off period’, in which they may change their mind and cancel their contract with Elaine Powell International Ltd.
5.2. The cooling off period will begin from the date of the Order and continue for up to 7 days.
5.3. The Client must give written notice of their cancellation to Elaine Powell International Ltd within the 7-day cooling off period.
5.4. The Client must supply written notice of the request to cancel by email to info@mindspeakacademy.com.
5.5. If the Client exercises their right to cancel, the Product and/or Services will be terminated.
5.6. If the Client does not request a refund within the cooling off period, the Client is required to complete all remaining payments.
6. USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
6.1. The Company from time to time provides various courses, programs, and associated material for sale on its Websites. Should you decide to purchase other paid courses, the Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Courses in any manner.
6.2. By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
6.3. By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
7. MONEY BACK GUARANTEE
7.1. Our goal is to help you create a thriving online business using our methods. We want you to give your best effort to apply all of the strategies in the Program, and that's why we are offering you a 7-day refund period associated with the purchase of the Program.
7.2. If you follow the Program’s methods for seven (7) days and don’t see results, you are eligible for a 100% refund of the paid amount, under a “No Questions Asked” approach. Just reach out to our Customer Service team. With respect to any purchase, you must request your money back within 7 days of your purchase.
7.3. You may request your money back by emailing clientcare@mindspeakacademy.com. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. The Company will NOT provide refunds for requests made beyond the 7th day from your date of purchase. After the 7th day, all payments are non-refundable.
8. REFUND POLICY
8.1. All MindSpeakAcademy products including are designed to help you stay committed to your goals through live features and interactions. Before 7 days you have the right to request a full refund as stated in the money-back guarantee. Once the 7 days have passed and you are on a payment plan then you are responsible to complete all payments. For additional details, review the rest of our Terms & Conditions. If you have any questions, email our Customer Support team, and we’re happy to assist you!
9. LIMITATION OF LIABILITY
9.1. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control including but not limited to acts of God; flood; drought; earthquake or other natural disaster; epidemic or pandemic; terrorist attack; civil war; civil commotion or riots; war; threat of or preparation for war; armed conflict; imposition of sanctions; embargo; the breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; and non-performance by suppliers or subcontractors. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 6 months, the party not affected may terminate this agreement by giving 14 days’ written notice to the affected party.
9.2. Elaine Powell International Ltd will, under no circumstances, be liable to the Client(whether in contract, tort (including negligence), breach of statutory duty, or otherwise), for any indirect or consequential loss, special damages, or any costs or losses attributable to loss of profits or opportunities arising from or in connection with the subject matter of the Contract.
9.3. The maximum amount of damages payable by Elaine Powell International Ltd to the Client in respect of any and all liability (apart from that mentioned above), including liability arising from negligence, under or in connection with the Contract shall not exceed the amount paid by, or on behalf of, the Client to Elaine Powell International Ltd for the preceding calendar month or calculated based on 1/12th of the Fees in the preceding 12 months.
10. NON-COMPETE
The Client undertakes not to compete or seek to compete, either directly or indirectly or in any other capacity whatsoever, with the business of Elaine Powell International Ltd or in the provision of products or services directly competitive with any aspect or part of the Products and/or Services, resulting in actual or anticipated loss to Elaine Powell International Ltd, to include as to its reputation.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All intellectual property rights in, arising out of, or in connection with, the Products and/or Services will be owned by Elaine Powell International Ltd. Elaine Powell International Ltd grants the Client a revocable, non-exclusive royalty-free licence to use such rights only to the extent necessary to allow the Client to benefit from the Products and/or Services but not further or otherwise and no other rights or licences are granted. Any such rights arising from the Client’s use of the Products and/or Services shall accrue to Elaine Powell International Ltd and the Client shall be deemed to have assigned any such rights to Elaine Powell International Ltd, with Elaine Powell International Ltd authorized to act as its agent to execute any such transfer or other documents giving effect to the same.
11.2. The Client, Authorized Users and Authorized Affiliates may be able to store or transmit Client Data using the Products and/or Services and the Products and/or Services may interact with Client Systems. The Client hereby grants a royalty-free, non-transferable, non-exclusive licence for the Client (and each of its direct and indirect sub-contractors) to use, copy and other otherwise utilise the Client Data and Customer Systems to the extent necessary to perform or provide the Products and/or Services or to exercise or perform Elaine Powell International Ltd’s right, remedies and obligation under the Contact.
12. DATA AND INFORMATION
12.1. Protected Data shall, at all material times, remain the property of the Client or its licensor.
12.2. Except to the extent Elaine Powell International Ltd has direct obligations under data protection and other applicable laws, the Client acknowledges that Elaine Powell International Ltd has no control over Protected Data hosted as part of the provision of the Products and/or Services and may not actively monitor or have access to the content of Protected Data. The Client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of Protected Data and non-personal data and that its use (including use in connection with the Products and/or Services) complies with all applicable laws.
12.3. If Elaine Powell International Ltd becomes aware of any allegation that Protected Data or non-personal data may not comply with the Contract, Elaine Powell International Ltd shall have the right to permanently delete or otherwise remove or suspend access to any Protected Data or non-personal data which is suspected of being in breach and/or disclose Protected Data or non-personal data to law enforcement authorities (in each case without the need to consult the Client). Where reasonably practicable and lawful, Elaine Powell International Ltd shall notify the Client before taking such action.
12.4. Elaine Powell International Ltd shall have the right to suspend the Products and/or Services at any time, and for any reason, without notice. The Client accepts and acknowledges that the Products and/or Services can be withdrawn or may be unavailable due to technical and other issues, or as a result of updates, maintenance or similar circumstances. If such a suspension or withdrawal is to last more than 30 days, the Client will be notified as to the reason.
13. CONFIDENTIALITY AND SECURITY OF DATA
13.1. Elaine Powell International Ltd shall maintain the confidentiality of Protected Data and shall not, without the prior written consent of the Client, and in accordance with the Contract, disclose Protected Data other than as necessary for the performance of the Products and/or Services, the express rights and obligations under the Contract, or as required by law.
13.2. Elaine Powell International Ltd will disclose Protected Data only to those of its officers, employees, agents, contractors and direct and indirect sub-contractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the Contract or as otherwise reasonably necessary for the provision or receipt of the Products and/or Services.
13.3. In order to promote and respect the confidentiality of all clients and intellectual property the Client understands that the Products and/or Services, now and in the future, are limited to people who have registered in the respective training. In consideration of, and as a condition for permitting the Client to participate in the Products and/or Services, the Client agrees to not publish, broadcast, disclose, communicate to the public, or assist another todo the same in respect of, the identity, likeness or actual or paraphrased comments of anyone who participates, leads, assists or is otherwise involved in the Products and/or Services.
14. WARRANTIES
Elaine Powell International Ltd gives no warranties of any kind, whether express or implied, for the Products and/or Services it provides under the Contract. Elaine Powell International Ltd also disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or interruptions to the Products and/or Services caused by Elaine Powell International Ltd’s negligence or the Client’s errors or omissions. Use of any information obtained via Elaine Powell International Ltd is at the Client’s own risk. Elaine Powell International Ltd makes no warranty, whether express or implied, as to the accuracy of quality of information obtained through its Products and/or Services.
15. ASSIGNMENT AND SUB-CONTRACTING
The Client will not, without the prior written consent of Elaine Powell International Ltd, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. For the avoidance of doubt, the Client will not share the Products and/or Services or any content, data or information derived from the Client’s use of the Products and/or Services with any third party without the prior written consent of Elaine Powell International Ltd, which may be withheld.
16. WAIVER
A waiver of any right under the Contract is only effective if it is in writing and will not be deemed to be awaiver of any subsequent breach or default.
17. VARIATION
Except as set out in these Conditions, any variation including the introduction of any additional terms and conditions, to the Contract will only be binding when agreed in writing between the Elaine Powell International Ltd and the Client.
18. APPLICABLE LAW
18.1. Any dispute of legal issue arising from the Conditions will be determined by the law of England and Wales and considered exclusively by the English and Welsh Courts.
18.2. Each of the paragraphs referred to in the Conditions shall be severable and distinct from one another and, if at any time, more and more of such provisions become invalid, illegal or enforceable, the validity, legality and enforceability of the terminating paragraphs shall not in any way be affected or impaired by this.
19. CLIENT CONFIDENTIALITY AGREEMENT
19.1. The Products and/or Services are limited to people who have registered for the Products and/or Services.
19.2. The Client will not publish, broadcast, disclose, communicate to the public, or assist another to do the same in respect of, the identity, likeness or actual or paraphrased comments of anyone who participates, leads, assists or is otherwise involved in the Products and/or Services.
19.3. The Client recognizes that any breach of confidentiality may cause Elaine Powell International Ltd and/or other clients irreparable and substantial harm even though it may be impossible to ascertain the full monetary extent of their financial loss.
19.4. Nothing in this Contract is intended to limit the Client from sharing their experience of the Products and/or Services with anyone.
19.5. Nothing in this Contract is intended to limit Elaine Powell International Ltd from sharing results and any testimonials (written or by video) in relation to the Products and/or Services, for any reason (including to promote the business of Elaine Powell International Ltd) with anyone by any means.
20. COMPLAINTS
20.1. Elaine Powell International Ltd is committed to providing high quality Products and/or Services.
20.2. Elaine Powell International Ltd has a written complaints procedure in place to ensure that all complaints are handled fairly and promptly. A copy of Elaine Powell International Ltd
21. GENERAL
21.1. Elaine Powell International Ltd reserves the right to alter or cancel published dates and change venues without any liability whatsoever.
21.2. Elaine Powell International Ltd reserves the right to make changes to the programs, services, products, speakers or venue should that be necessary.
21.3. From the date the contract commences, any behaviour displayed by the Client that Elaine Powell International Ltd deems as disruptive, disrespectful, threatening, abusive or untenable in anyway (to the sole discretion of Elaine Powell International Ltd), either in person, via email, via social media or any other forms of means of communication, either directed at Elaine Powell International Ltd, Elaine Powell International Ltd’s other clients, Elaine Powell International Ltd team members or associates, may result in the Client being denied access to all aspects of the Products and/or Services, including but not limited to online support, Facebook groups, live events or coaching calls. All remaining fees would remain payable and any monies for the Products and/or Services will be non-refundable.
21.4. The Client agrees that Elaine Powell International Ltd has not made any promise, guarantee, or other representation with respect to the Client’s future incomes or gains resulting from the provision of the Product and/or Service, and that the Client has not been induced to enter the Contract as a result of any alleged promise, guarantee or representation.
21.5. These Conditions supersede any previous arrangement with your concerning their subject matter.
This page was last updated: 25th April 2023.
