Terms of Service

The terms

1. These terms
   • What these terms cover. These are the terms and conditions on which content and materials relating to the George Jerjian coaching program and other ancillary or related services are supplied to you, whether these are services or digital content. These terms do not apply to your use of the Thinkific content delivery platform.  You may need to register with Thinkific to access and purchase services or digital content (see Clause 7.2 for more details).
   • Why you should read them. Please read these terms carefully before committing to purchase.  These terms tell you who you are contracting with, how services and digital content are provided to you, how the contract may change or end, what to do if there is a problem and other important information.  If you think that there is a mistake in these terms, please use the contact details below to discuss the issue.
2. Information about who you are contracting with
   • Who you are contracting with. George Jerjian of 7 Carlyle Mansions, 52 Cheyne Walk, London SW3 5LS, a sole trader established in England and Wales.
   • Contact details. If you need to get in contact, please do so by writing to [email protected] or 7 Carlyle Mansions, 52 Cheyne Walk, London SW3 5LS.
   • How you may be contacted. If you need to be contacted, it will be done so by telephone or in writing to you at the email address or postal address you have provided.
   • “Writing” includes emails. The words “writing” or “written” are used in these terms, this includes emails.
3. The contract between us
   • How your order will be accepted. Acceptance of your order will take place when you receive an email accepting it, at which point a contract for supply of services and digital content will come into existence between us.
   • If your order cannot be accepted. If your order is unable to be accepted, you will be informed of this in writing and you will not be charged for the services or digital content.  This might be because of unexpected limits on resources which could not reasonably be planned for, because an error in the price or description of the product has been identified, or because your requirements are unable to be met.
   • Gratis services. Services and content such as the ‘Masterclass Webinar’ and quizzes are provided for free and no obligation to enter into a contract arises from your use of these services and content.
4. The services and digital content
   • The services and digital content provided. The program is an online coaching course formed of modules designed to help retirees fulfil their true potential after the age of 55, using a variety of content and materials. The content and materials may include video and/or audio tutorials, PDF transcripts and written exercises.
   • One-to-one coaching program. You may have the option to purchase additional one-to-one coaching services at the end of the online coaching program. This one-to-one coaching has limited availability and you will be required to submit an application to be considered for enrolment.
   • The nature of the contract. You are granted a non-exclusive and non-transferable licence to use and access the content and materials set out in Clause 4.1.
   • Licence restrictions. You shall not, except as expressly permitted by these terms:
     • copy the content or materials;
     • modify, translate, adapt, or otherwise create derivative works or improvements of the content or materials;
     • remove, delete, alter or obscure any trademarks or any copyright, trademark or other intellectual property or proprietary rights notices from the content or materials, including any copy thereof; or
     • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the content or materials, or any feature of the content or materials, to any third party for any reason, including by making the content or materials available on a network where it is capable of being accessed by more than one person.
   • No warranty. The content and materials have been designed to provide a blueprint to help you fulfil your true potential after the age of 55. Your active participation with the content and materials (including the exercises) is required.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NO WARRANTIES, REPRESENTATIONS, UNDERTAKINGS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT AND MATERIALS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED ARE PROVIDED.

5. Your rights to make changes

If you wish to make a change to the services or digital content you have purchased please get in contact and you will be informed whether the change is possible or not.  If it is possible, you will be informed of any changes to the price of the services or digital content, the timing of supply or anything else which would be necessary as a result of your requested change and you will be asked to confirm whether you wish to go ahead with the change.  If the change cannot be made or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).

6. Our right to make changes is reserved
   • Minor changes to the services and digital content. The services or digital content may be changed:
     • to reflect changes in relevant laws and regulatory requirements; and
     • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services or digital content.
   • More significant changes to the services or digital content and these terms. In addition, more significant changes may be made to these terms or the services or digital content, but if this happens, you will be notified and you may then request to end the contract before the changes take effect and receive a refund for any services or digital content paid for but not received.
   • Updates to digital content. Digital content may be updated or you may be required to update digital content, provided that the digital content shall always match the description of it that was provided to you before you bought it.
7. Providing the services and digital content
   • When the products will be provided. The services or digital content will be supplied to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8 or the contract ends by written notice to you as described in Clause 10.
   • How the services and digital content will be provided. You will be required to set up an account with thinkific.com. You will then receive an email on a weekly basis from www.thinkific.com informing you that your next module is available for download from your account.
   • What will happen if you do not provide the required or correct information. Certain information will be required from you so that the services and digital content can be supplied to you, including your email address. It is your responsibility to ensure that the contact details you provide are correct. No responsibility will be taken in respect of services or digital content that are not supplied as a result of you providing incorrect contact details.
   • Delays outside our control. If the supply of the services or digital content is delayed by an event outside our control then you will be contacted as soon as possible to let you know and steps will be taken to minimise the effect of the delay.  Provided this happens, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services or digital content you have paid for but not received.
   • Reasons the supply of services or digital content to you may be suspended. The supply of services or digital content may have to be suspended to:
     • deal with technical problems or make minor technical changes;
     • update the services or digital content to reflect changes in relevant laws and regulatory requirements;
     • make changes to the services or digital content as requested by you or notified to you (see Clause 6).
   • Your rights if the supply of services or digital content is suspended. You will be notified in advance if supply of the services or digital content will be suspended, unless the problem is urgent or an emergency. You may contact us to end the contract for services or digital content if it is suspended, or if you are told it is going to be suspended, in each case for a period of more than four weeks and any sums you have paid in advance for the services or digital content in respect of the period after you end the contract will be refunded.
8. Your rights to end the contract
   • You may have the right to end the contract. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
     • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see Clause 11;
     • If you want to end the contract because of something we have done or have told you we were going to do, see Clause 8.2;
     • If you have just changed your mind about the services or digital content, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
     • In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.
   • Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (e) below, the contract will end immediately and you will be refunded in full for any services or digital content which have not been provided and you may also be entitled to compensation.  The reasons are:
     • You have been told about an upcoming change to the services or digital content or these terms which you do not agree to (see Clause 6.2);
     • You have been told about an error in the price or description of the services or digital content you have ordered and you do not wish to proceed;
     • there is a risk that supply of the services or digital content may be significantly delayed because of events outside our control;
     • supply of the services or digital content has been suspended for technical reasons, or you have been notified that they are going to be suspended for technical reasons, in each case for a period of more than four weeks; or
     • you have a legal right to end the contract because of something we have done wrong.
   • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
   • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
     • digital products after you have started to download or stream these; or
     • services, once these have been completed, even if the cancellation period is still running;
   • How long do I have to change my mind? You have 14 days after the day you receive an email to confirm your order has been accepted. However, once the services have been completed you cannot change your mind, even if the period is still running.  If you cancel after the services have started, you must pay for the services provided up until the time you tell us that you have changed your mind.
9. How you can end the contract (including if you have changed your mind)
   • Tell us you want to end the contract. To end the contract, please send an email to [email protected].  Please provide your name, home address, details of the order and, where available, your phone number and email address.
   • How you will be refunded. You will be refunded the price you paid for the services or digital content, by the method you used for payment.  However, deductions may be made from the price, as described below.
   • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind where the product is a service, an amount may be deducted from any refund for the supply of the 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 with the full coverage of the contract.
   • When your refund will be made. Refunds due to you will be made as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of you telling us you have changed your mind
10. Our rights to end the contract
    • The contract may be ended if you break it. The contract may be ended at any time by writing to you if:
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, correct contact details; or
      • you breach the licence restrictions as set out in 4.4.
    • You must pay compensation if you break the contract. If the contract is ended in the situations set out in Clause 10.1, any money you have paid in advance for services or digital content that has not been provided will be refunded but reasonable compensation may be deducted or charged for the net costs that will be incurred as a result of your breaking the contract.
    • The services or digital content may be withdrawn. You may be informed in writing that the services or digital content are going to stop being provided. You will be informed in advance of the stopping of the supply of the services or digital content and you will receive a refund of any sums you have paid in advance for services or digital content which will not be provided.
11. If there is a problem with the services or digital content
    • How to tell us about problems. If you have any questions or complaints about the services or digital content, please get in touch.  You can write to [email protected] or 7 Carlyle Mansions, 52 Cheyne Walk, London SW3 5LS.
12. Price and payment
    • Where to find the price for the services and digital content. The price of the services and digital content (which may include VAT) will be the price indicated on the order pages when you placed your order.  Reasonable care is taken to ensure that the price of the services and digital content advised to you is correct.  However please see Clause 12.3 for what happens if an error is discovered in the price of the product you order.
    • Changes in the rate of VAT will be passed on if VAT is chargeable. If the rate of VAT changes between your order date and the date the services and digital content are supplied, the rate of VAT that you may pay will be adjusted, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if the price is wrong. It is always possible that, despite best efforts, some of the services and digital content being sold may be incorrectly priced.  Prices will normally be checked before your order is accepted so that, where the services’ or digital content’s correct price at your order date is less than the stated price at your order date, you will be charged the lower amount.  If the services’ or digital content’s correct price at your order date is higher than the price stated to you, you will be contacted for your instructions before your order is accepted.  If your order is accepted and processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, the contract may be ended and a refund provided of any sums you have paid.
    • When you must pay and how you must pay. All major debit and credit cards are accepted. Payment for digital content and services must be made in advance of the services being provided or the digital content being available to download.
13. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product; and for defective products under the Consumer Protection Act 1987.
    • When we are liable for damage to your property. If defective digital content which has been supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.  However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    • We are not liable for business losses. The products are only supplied for domestic and private use.  If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • Limitation of liability. To the maximum extent permitted by applicable laws, our liability under this contract is limited to a refund of the relevant services or digital content.
14. How your personal information may be used

How your personal information may be used.  Your personal information will only be used as set out in the Privacy Policy.

15. Other important terms
    • Transfer of this Agreement to someone else. We may at any time:
      • assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of our rights or obligations under these terms; or
      • novate these terms to an entity upon written notification to you (and you hereby provide your irrevocable consent to any such novation).

You will always be told in writing if this happens and steps will be taken to ensure that the transfer will not affect your rights under the contract.

• You need prior written consent to assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
• Nobody else has any rights under this contract. This contract is between us.  No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
• If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• Even if there are delays in enforcing this contract, it can still be enforced later. If it is not insisted immediately that you do anything you are required to do under these terms, or if there is a delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent steps being taken against you at a later date.
• Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services and digital content in the English courts.  If you live in Scotland you can bring legal proceedings in respect of the services and digital content in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in respect of the services and digital content in either the Northern Irish or the English courts.

Schedule 1Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To George Jerjian of 7 Carlyle Mansions, 52 Cheyne Walk, London SW3 5LS, [email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate