These terms and conditions relate to all products supplied and/or programs, training and services delivered by mindCET.
Here at mindCET we aim to speak in plain language, so it’s clear and easy to understand for all involved. You will accept these terms and conditions either by physically signing the Agreement between us, or by ticking the box online to confirm your online purchase.
Are you a business client or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
Provisions specific to consumers only are in green within these terms and conditions.
If you have any questions before accepting these terms and conditions, please email us at firstname.lastname@example.org and we’ll help you out.
1.1 Agreement: the agreement between us which consists of this Terms and Conditions document together with the Schedule of Services above.
1.2 Commencement Date: the commencement date as set out in the Schedule above.
1.3 Client: the corporate entity or sole trader (“Business Client”) or individual (“Consumer Client”) named at the top of this Agreement who is investing in and subscribing to the Service (also referred to in these Terms and Conditions as ‘you’).
1.4 Client Data: any data and/or documents inputted or uploaded by you onto the Client Portal and includes all the files, materials and structured data, plus any account and contact information.
1.5 Client Portal: the mindCET online members area with resources provided for your learning and interactive engagement with us, provided by us as part of the Service as described at clause 3.1;
1.6 Documentation: user guides, training documents, resources, visuals and including all digital downloads, videos or audio files made available to you by us from time to time in relation to the Service.
1.7 Fees: the fee payable by you to us for the Service, as set out in the Schedule above (and as may be varied from time to time in accordance with these Terms and Conditions).
1.8 Intellectual Property Rights means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
1.9 Services: the services provided by us to you under the Agreement as more particularly described in the Schedule above.
1.10 Term: the term of the Agreement as set out in the Schedule above.
Terms and Conditions: these Terms and Conditions, which may be revised from time to time and the latest version will always be available on our website www.cetfreedom.com/terms
2.1 Subject to the Agreement and these Terms and Conditions, we grant to you a non-exclusive, non-transferable right to use the Service for the Term.
2.2 The rights granted to use the Service are personal to you and may not be transferred to any other party without our prior written consent.
2.3 Unless otherwise agreed in writing by us, you may only use the Service for your own personal use and/or your internal business operations.
2.4 We may update and improve our provision of the Service from time to time without notice to you. If we change the Service in a manner that materially changes the content, we will inform you in writing via the email address associated with your account.
3. ACCESS TO THE SERVICES ONLINE
3.1. Where the Service you have purchased has an online element, you will be provided with an online URL link which will grant you access to a designated, online members area (your “Client Portal”). You will be required to set up your Client Portal by opening and account and setting a unique username and password. This will be the username and password you then use to access your Client Portal for the Term. If you have any issues accessing the Client Portal, email us at email@example.com. Inside the Client Portal you will also be provided with the Documentation explaining how to use the Service.
3.2. We will supply the Services or digital content to you until either the services are completed, or the subscription expires (if applicable) or we end the contract by written notice to you as described in Clause 8.
3.3. The Service is designed so that:
3.3.1. you can access your Client Portal at any time 24 hours a day, 7 days a week for the purpose of self-guided learning; the only exception to this is when the service is unavailable due to issues the service provider is experiencing which are outside of our control. It is anticipated any such issues will be limited and swiftly resolved.
3.3.2. you can download certain of the resources from the Client Portal to your computer for the purposes of offline learning;
3.3.3. we can send you messages and communicate with you as regards to the Service and any send you any updates or invites to meetings, workshops and/or training.
3.4. It is important to note that your Client Portal is a secure area which is only accessible by you.
3.5. You agree to use your reasonable endeavours to prevent any unauthorised access to, or use of, your Client Portal, the Services and/or the Documentation. In the event of your becoming aware of any such unauthorised access or use, you must notify us immediately so that we can help you to mitigate any associated risk.
3.6. The Agreement between you and us does not give you any rights or ownership to the Client Portal or the Documentation or resources within it, except for the limited rights that enable us to offer you the Services as anticipated below.
3.7. For Consumers, please see the provisions in clause 8 relating to your rights of cancellation.
4. OUR OBLIGATIONS
4.1. We undertake to provide the Service with reasonable skill and care.
4.2. We will endeavour to make the Service fully available to you during the Term of the Agreement. However, due to the nature of internet services, we can’t guarantee that the Service will be available and uninterrupted at all times. We may also need to suspend the online services from time to time to make improvements or to fix things, and we will provide reasonable notice on our website to advise you of this. Therefore, we are not able to accept any responsibility if, for any reason, the Client Portal (or any part of the Services) are temporarily unavailable. You can email us at firstname.lastname@example.org with any questions or concerns as regards temporary unavailability of the Service.
5. CLIENT OBLIGATIONS
5.1. You agree not to use or access the Client Portal or the Service in any way that:
5.1.1. may be unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethically offensive;
5.1.2. depicts sexual or explicit images or promotes unlawful violence;
5.1.3. may be discriminatory based on race, gender, age, colour, religious belief, sexual orientation or disability;
5.1.4. could cause damage or injury to any person or property;
5.1.5. facilitates illegal activity;
5.1.6. could infringe the privacy, confidentiality or intellectual property rights of any third party; or
5.1.7. knowingly introduces viruses or other things that are malicious or technologically harmful.
5.1.8 all students MUST complete the pre-course questionnaire before embarking on learning. Moreover any student who considers themselves to have any type of disability must inform us prior to the start of any course. This is to allow us to make any reasonable adjustments to allow the student to fully participate in learning.
5.2. In relation to the Service provided to you by mindCET, and the information, Documentation, service provision or resources shared with you (whether within the Client Portal or at our live events or during training or coaching or other facilitated support provision) you shall not at any time:
5.2.1. attempt to copy, modify, duplicate, republish, transmit, or distribute all or any portion of the Documentation or resources or information which is shared with or made available to you by mindCET (except to the extent expressly permitted under the Agreement or as may be allowed by applicable law); or
5.2.2. access all or any part of the Service or the Documentation in order to build a product or service which competes with the Service; or
5.2.3. use the Service or Documentation to provide services to third parties or offer to make the Service or any part of it available to any third party.
5.3 You will comply with all applicable laws and regulations with respect to its activities under the Agreement.
5.4 You are responsible for ensuring that you have adequate resources including up to date, computer hardware, software and systems to access the Service and/or the Client Portal and to attend meetings, training, workshops or live calls associated with the Service. Our current technology provider of online training is Moodle and by entering into this Agreement you agree that you have taken steps to review the system requirements to access their service, found on this link : http://www.howtomoodle.com/moodle-online-training-system-requirements
5.5 We are committed to providing all participants to our Service(s) with a positive and empowering experience, and this is of particular importance where the Service you are investing in is a group programme or an event where a number of other people are participating alongside you. By entering into this Agreement, you acknowledge your responsibility to participate responsibly, truthfully and with integrity at all times, acting with respect to the mindCET team and your co-participants.
5.6 You agree to follow the instructions or guidelines of the Service and not to be disruptive or difficult or make derogatory or defamatory remarks about the Service or mindCET.
5.7 We reserve the right to disable access to the Client Portal and the Service generally if we believe that you are in breach of the terms of this clause 5. If we enforce these rights, then we do so with no liability to you.
5.8 The Service you have invested in may give you access to live events, training calls, workshops or coaching. These will be detailed and set out in the Schedule and will be communicated to you during the Term. If you are unable to attend any such live training events or online events which form part of the Service, you agree to contact us at email@example.com giving as much notice as possible. It may be possible to transfer you to a different date and time, but this is not guaranteed and will be done at our sole discretion. You are reminded that where the Service involves a certification or qualification, it is a mandatory requirement upon you that you attend the schedule of events and training in order to complete the Service and to obtain maximum benefit from the Service we are providing to you.
6. INTELLECTUAL PROPERTY RIGHTS.
6.1 You acknowledge and agree that all Intellectual Property Rights arising in connection with the Service shall remain the property of mindCET. All rights, including moral rights, are reserved. Other than as expressly set out in these Terms and Conditions, you are not granted any Intellectual Property Rights in or to the Service or the Client Portal. For avoidance of doubt you are not entitled to use any materials from any programme for the purpose of training another person or third party.
6.2. You agree that we may include your name and/or logo or trademark in a list of our Service clients on our website or in promotional materials.
7. FEES AND PAYMENT TERMS
7.1. You will pay the Fee based on your choice at subscription – as set out in accordance with the Payment Terms in the Schedule above. The Fee covers your use of the Service from the Commencement Date for the Term. The Fee is an investment by you and is made by you in consideration of the Service provided by mindCET.
7.2. In relation to Business Clients, all Fees are non-refundable under any circumstances (except as required by law). If you have elected for Payment Terms which allow you to pay the Fees by Instalments, then you remain liable for the total amount of the Fees as there is no right of termination under this Agreement. Unless agreed in writing between us, any instalment payments due in relation to the Fees will be taken and debited at the intervals agreed using the credit card or bank account details provided by you at point of subscription. You will receive a schedule of Payment Terms so that there is full clarity in relation to the Instalments due for the Service.
7.3. In relation to Consumer Clients, where you are exercising your right to change your mind under clause 8.4 (14 days from the Commencement Date: the date of payment & acceptance of our Terms & Conditions), we will make a refund due to you as soon as possible and within 14 days of your notifying us of your change of mind. We may deduct from any refund an amount for the supply of service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison to the full coverage of the Agreement.
7.4. If you fail to pay Instalments in relation to the Fees or comply with the Payment Terms agreed, then we shall have the right to (without prejudice to any other rights or remedies we may have):
7.4.1. suspend or terminate the Service if Instalments remain outstanding for more than seven (7) days despite notification from us that they are due for payment (we will use reasonable endeavours to contact you in writing in advance to advise that we are suspending or terminating the Service); and/or
7.4.2. charge interest on the Fees outstanding from the due date at the annual rate of 4% above the base rate from time to time of Lloyds Bank plc, accruing on a daily basis and being compounded quarterly until payment of Fees in full is made, whether before or after any judgment and you shall pay the interest immediately on demand;
7.4.3. require you to return on demand any course materials, hard copy of soft copy files, workbooks, CDs or DVDs, and any other written, visual or audio material you have received, accessed or downloaded during the Term.
7.5. At the end of the Term, you will retain online access to the Client Portal for as long as this is a Service we continue to offer to clients of mindCET as part of our core service offerings.
7.6. Following expiry of the Term, we may offer you additional services which we believe will help and support you in continuing your learning journey. Any future services provided by us will be subject to a new contractual arrangement between us.
7.7. All expenses which you may incur in relation to the Service shall be paid by you, including any travel, subsistence or accommodation costs.
7.8. For the avoidance of doubt, all Fees are due and payable by you whether you complete the Service and participate fully in the Service provision or not.
8. TERM & TERMINATION.
8.1. The Agreement shall commence on the Commencement Date.
8.2. Unless stated otherwise on the Product Page, the Term of the Agreement is an initial programme of 12 months (“Initial Period”) and thereafter shall continue for 12 monthly Renewal Periods unless or until terminated by either party by giving one month’s notice to the other in writing, to terminate the Agreement at the end of the Initial Period or a Renewal Period
8.3. If you enter into this Agreement as a Business Client, you do not have the right to terminate this Agreement during the Initial Period or Renewal Period, whether you signed this Agreement at a mindCET event or otherwise.
8.4. If you enter into this Agreement as a Consumer Client, you have a right to change your mind under the Consumer Contracts Regulations 2013 within 14 days, as long as you have not started the course.
8.5. How to end the Agreement with us where you have changed your mind. https://cetfreedom.com/terms/cancellation-policy To end the Agreement with us under clause 8.4 above, you can call e-mail us at firstname.lastname@example.org. Please provide details of what you bought, when you ordered it and your name and address. Or simply write to us providing details of what you bought, when you ordered it and your name and address.
8.6. We may terminate the Agreement with you if: (i) you are in material breach of the Agreement and fail to remedy that breach within 30 days after receipt of written notice or (ii) you become subject to insolvency or bankruptcy proceedings and the proceedings are not dismissed within 90 days and as a result are unable to comply with the Payment Terms under this Agreement.
8.7. Effects of Termination. On termination of the Agreement in accordance with clause 8.4 above, all rights granted to you to access the Services and the Client Portal shall cease.
8.8. The following sections will survive termination of this Agreement: 6 (Intellectual Property Rights), 7 (Fees & Payment Terms), 8.5 (Effects of Termination), 9 (Indemnity and Disclaimer), 10 (Liability) and 11 (Miscellaneous).
9. INDEMNITY AND DISCLAIMER
9.1. You agree to indemnify, defend, and hold harmless mindCET from and against all liabilities, damages, and costs (including settlement costs and reasonable legal fees) arising out of (i) your access to the Client Portal and (ii) use of the Services; (iii) your use of the Services in breach of this Agreement.
9.2. You agree that you are participating and investing in the mindCET Service at your own risk and we are not liable under any circumstances for any matter arising out of your participation (except for those matters which we are not permitted by law to exclude or limit liability for such as death or personal injury caused by our negligence or fraudulent misrepresentation.)
9.3. You agree and acknowledge that your participation in the Service does not guarantee any particular result or outcome as this is entirely dependent upon your ability and willingness to contribute and participate fully with our Service offering.
9.4. You agree and acknowledge that any coaching or personal development service such as the Service you are investing in requires you to participate fully, and in doing so there may be emotional issues or related health issues which emerge. The Service (and all related teaching, training, coaching, support and mentoring provided) is in no way intended to substitute medical treatment or professional recommendations made by health care specialists such as psychiatrists or psychologists. You agree that you are responsible for your decision to participate in the Service and that you will seek, if necessary, support and assistance from medical specialists if support for your emotional and physical welfare is required. mindCET reserves to right to remove any client from the Service or cease any aspect of the Service if it in its sole discretion believes this to be appropriate. Such circumstances may include, for example, preventing loss of life, preventing damage or harm to the individual, third parties or property.
9.5 The completion of any training or certification programme does not allow you to train another person or third party unless given express consent by mindCET in writing.
10.1. To the fullest extent permitted by law, mindCET and its affiliates, suppliers, and distributors will not be liable under this Agreement for any: (i) indirect, special, incidental, consequential, exemplary, or punitive damages; or (ii) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if that party knew or should have known that such damages were possible.
10.2. Limitation on Amount of Liability. To the fullest extent permitted by law, mindCET’s aggregate liability under the Agreement will not exceed the amount paid by you for the Services during the 12 months prior to the event allegedly giving rise to liability.
10.3. The Services are provided “as is” to the fullest extent permitted by law, except as expressly stated in this Agreement, we do not make any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. In the event that you are unable to complete or fully participate in the Service due to circumstances which are not the fault of mindCET (for example due to illness, dispute, issues with your equipment or IT access) we will not be liable.
10.4. Due to the nature of the internet, we do not guarantee that the Client Portal will be secure or free from bugs or viruses, so you should always use your own virus protection software.
10.5. We are not liable for business losses. If you are a Consumer Client, we only supply the Service to you for domestic and private use. If you use the Service for any commercial, business or re-sale purpose our liability to you will be limited as set out in this clause.
11. DISPUTE RESOLUTION
11.1. In the unlikely event that you are not satisfied with the Service then in the first instance you must write to us by email (email@example.com) outlining the nature of your complaint and how you would like to see it resolved. We will acknowledge your email and respond in full within seven (7) days. If your complaint relates to a coaching session, workshop, live event or training course then you must place it into writing within thirty (30) days of the date of the event giving rise to the complaint. You must ensure that your Fees are up to date at the time you make a complaint otherwise we reserve the right not to respond. Please see our complaints policy online here: https://cetfreedom.com/terms/complaint-policy
12. REPORTING RESULTS & CASE STUDIES – PROMOTIONAL MATERIAL.
You agree and acknowledge that the Company may at any time reproduce and/or share any testimonial, or case study describing or otherwise referencing, either directly or indirectly, your experience in the Program, including any specific results experienced by you over the course of your participation in the Program. The Client agrees and acknowledges that this includes any written statements and/or images captured or otherwise recorded over the course of the Program. Further, you certify that any statements or testimonials that you make shall be accurate and truthful. Additionally, you irrevocably and permanently grant, assign, and convey to the Company the right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for promotion on the website and social media sites, your name, likeness, image, photograph, voice, and video as related to and in conjunction with your attendance of any Program event and/or participation in the Program. Your irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of your testimonial(s)
13.1. Variation. We may revise these Terms and Conditions from time to time and the most current version will always be available on our website www.cetfreedom.com/terms. If a revision, in our sole discretion, is material, we will notify you in writing by sending an email to the email address associated with the applicable account. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised Terms and Conditions, you may terminate the Services by providing written notice within 7 days of receiving notice of the change.
13.2. Entire Agreement. If you are a Business Client, the Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes and replaces all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the subject matter of the Agreement. In entering into this Agreement, you agree that you have not relied on any pre-contractual statement.
13.3. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together, shall constitute one and the same instrument. We may also execute this Agreement using online software and this equates to a valid signature by an authorised signatory.
13.4. Third Party Rights. Any person not a party to this Agreement shall not have any rights under or by virtue of the Contracts (Rights of Third Parties) Act 1999.
13.5. Jurisdiction. The Agreement, and any dispute or claim arising from it, shall be construed in accordance with the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales (including non-contractual disputes or claims).
13.6. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
13.7. Notices must be sent via first class, airmail, or overnight courier and are deemed given when received. Notices to you may also be sent to the applicable account email address and are deemed given when sent. Notices to mindCET can be sent by email to firstname.lastname@example.org or by recorded delivery to mindCET Limited at our registered company address.
13.8. You may not assign or transfer the Agreement or any rights or obligations under the Agreement without our prior written consent. We may assign this Agreement or any rights or obligations under the Agreement to an affiliate or in connection with a merger, acquisition, corporate re-organisation, or sale of all or substantially all of its assets without providing notice.
13.9. Confidentiality. Both parties agree not to share, use, copy, adapt, alter, distribute, duplicate or disclose any confidential information that the other party share with it (other than any information which is required to be disclosed by law). This includes any discussion with you regarding payments and disputes and will be considered a breach of this Agreement.
13.10 Force Majeure. Except for payment obligations, neither party will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example and without limitation, natural disaster, epidemic or pandemic, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance).
Making A Complaint To mindCET
In the unlikely event that you are dissatisfied with the services and/or products supplied to you by mindCET then you may make view our complaints policy here https://cetfreedom.com/terms/complaint-policy
These terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales