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Terms of Business 

Last Updated: 02.11.2020 

1. Introduction 


1.1. Spirit Mountain Ltd (company number 12784521) (we and us) is a company registered in  England and Wales and our registered office is at Flat 5 30 St. James's Place, London, England,  SW1A 1NR (Company, we, us, our).  


1.2. We operate the website including any subdomains thereof, and  any other websites through which we make our services available to you (Website)  


1.3. These Terms of Business govern your access to and use of the Website and any system through  which you book and pay for products and services (System).  


1.4. The Website and the System together are hereafter referred to as our platform (Platform).  


1.5. Please read these Terms of Business carefully, as they contain important information about your  legal rights, remedies and obligations. They will tell you who we are, what type of services we  will provide to you, the scope our services, the

scope coaching services, how these will be  provided to you, and how we may change these terms or end the contract with you, what to do if  there is a problem and other important information.  


1.6. In accordance with the Consumer Contracts (Information, Cancellation and Additional  Payments) Regulations 2013 we must provide you with certain information so that a valid and  legally binding agreement can be established

between you and us or you and the Teacher. This  required information is set out in these Terms of Business.  


1.7. As a consumer, you have legal rights under the Consumer Rights Act 2015 and the Consumer  Contracts (Information, Cancellation and Additional Payments) Regulations 2013. Nothing in  these Terms will affect these legal rights.  


1.8. By accessing or using our Platform you agree to comply with and be bound by these Terms of  Business. If you do not agree to these Terms of Business, you must not use our Platform or book  the services.  


1.9. We recommend that you print or save a copy of these Terms of Business for future reference.  


1.10. By using the Platform, you agree to uphold our Platform Safety Standards. We have zero  tolerance approach to bullying, harassment, discrimination, nudity and obscenity. You  understand that your access to the Platform will be banned

without any notice to you if you  breach our Platform Safety Standards.  


1.11. The use of the Platform is subject to Terms of Use.  


1.12. In order for us to provide you with the services we may collect Personal Data from you. Any data  provided by you and collected by us will be processed in accordance to our Privacy Policy and  Cookie Policy. 


1.13. If we have to contact you, we will do so in accordance to our Privacy Policy.  

2. Our Contract with you 


2.1. The coaching services are provided to you directly by the Teachers through private sessions (see  clause 4) who are independent contractors and who use the Platform to advertise their coaching  services (Coaching Services). For the avoidance of doubt, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply Coaching Services. Coaching Services are  supplied to you by the Teachers directly and by purchasing Coaching Services you will be  entering into a separate contract with the Teacher. For more information please see clause 4.  


2.2. The functionality within our Platform which allows you to book and pay for Coaching Services by  using our Platform is provided by us. (Booking Services). A legal agreement between you and  us for the Booking Services will come into effect when you start using the Platform. 


2.3. In addition to Booking Services we also provide courses which you can purchase on our  Platform (Courses). A legal agreement, between you and us for the Courses will come into effect  when you purchase one of our advertised Courses on our Platform and we confirm our  acceptance of your offer. For more information please see clause 5.  


2.4. These Terms of Business govern Booking Services, purchase of Courses and constitute a legally  binding agreement between you and us. These Terms of Business also govern the provision of  Coaching Services and constitute a legally binding agreement between you and the Teacher.  You should read these Terms of Business before you use this Platform, use our Booking Services  to book Coaching Services or purchase Courses from us.  


2.5. These Terms of Business will be made only in the English language.  


2.6. No terms or conditions endorsed on, delivered with, or contained in your purchase conditions,  order, confirmation of order, specification or other document shall form part of these Terms of  Business unless expressly otherwise stated in these Terms of Business.  


2.7. You must be at least 18 years old and be able to enter into legally binding contracts to access  and use the Platform or create a user profile. By accessing or using the Platform you represent  and warrant that you are 18 or older and have the legal capacity and authority to enter into a  contract.  



3. Booking Services 


3.1. The Booking Services include our assistance with booking the Coaching Services, payment  facilities, provision of customer services in relation to the Coaching Services and acting as an  intermediary in an unfortunate event of a dispute between you and the Teacher in relation to the  Coaching Services.  


3.2. Due to the nature of the Platform, we cannot guarantee the continuous accessibility and  uninterrupted availability of Booking Services. We may also restrict availability of certain areas or  features of the Platform. We may also change, modify, enhance, improve, restrict and introduce  new Booking Services from time to time or introduce other services supplied by other providers.  


3.3. Before you are able to access and use certain features of the Platform, you must create a user  profile on our Platform.  


3.4. In order to create a user profile, you will need to use an email address and will be required to  create a password.  


3.5. You may not register more than one user profile unless we expressly authorise you to do so.  


3.6. You must not register a user profile if you have been banned from our Platform for breaching our  Terms of Use, these Terms of Business or our Platform Safety Standards.  


3.7. It is your responsibility to ensure that you maintain the confidentiality and security of your user  profile credentials and do not disclose them to any third party unless authorised to do so. You  must immediately notify us if you know or have any reason to suspect that your information or  your log in details have been lost or stolen, compromised or misappropriated.  


3.8. You may not assign or otherwise transfer your user profile to another party.  


3.9. You are liable for any and all activities conducted on your user profile unless such activities are  not authorised by you or you are not otherwise negligent including but not limited in your failure  to inform us of any potential or actual unauthorised use of your user profile or loss of your  credentials.  


3.10. Once you have created a user profile, you will be able to book Coaching Services and purchase  Courses.  

4. Coaching Services 


4.1. Teachers register on our Platform as independent contractors and are not our partners or  employees and should not be construed as such. We are agents of the Teachers only in the  limited capacity in relation to the payments as defined in paragraph 7.  


4.2. When providing the Coaching Services Teachers must comply with Terms of Service. 


4.3. In order to register on our Platform, the Teacher will undergo our verification process. The  verification process involves us requesting the Teacher to supply us with the copy of the ID,  proof of address supply evidence of relevant qualification or experience. (Verification  Process).  


4.4. Whilst all the Teachers go through the Verification Process, the provision of the Coaching  Services booked through our Platform is the responsibility of the Teacher and we are not  involved or responsible for the actual provision of the Coaching Services. It is the Teachers  responsibility to ensure the existence, the truth or accuracy of Coaching Services descriptions,  quality, safety, suitability and legality of the Coaching Services.  


4.5. Whilst our Verification Process is obligatory and applicable to all Teachers who register on the  Platform, we do not endorse any Teacher and any references to a Teacher being "vetted" or  going through Verification Process (or similar language) only indicate that the Teacher has  completed the Verification Process and our reasonable inspection of the validity of documents  supplied and nothing else. Any such description is not an endorsement, certification or  guarantee by us about the Teacher.  


4.6. Teachers may be based outside of England and Wales. It is the Teachers’ responsibility to  ensure the existence, the truth or accuracy of Coaching Services descriptions, quality, safety,  suitability and legality of the Coaching Services.  


4.7. While we may help facilitate the resolution of disputes, we have no control over and do not  guarantee:  


4.7.1. the existence, quality, safety, suitability, or legality of any of the Coaching Services;  


4.7.2. the truth or accuracy of any Service descriptions or other information provided to you  by the Teacher;  


4.7.3. the performance or conduct of any third party.  


4.8. To promote the Platform and to increase the exposure of Coaching Services to potential Users,  we may display the Coaching Services on other websites, in applications, within emails, and in  online and offline advertisements.  


4.9. Once you have paid for Coaching Services you will be provided a facility to reserve the  Coaching Services (Session).  


4.10. Any advertisement of the Coaching Services will constitute an invitation to treat.  4.11. Your purchase of the Coaching Services and booking of the Session will constitute an offer.  


4.12. You will receive a booking confirmation for the session booked once the Teacher accepts your  reservation for the Session. It is at this point that a contract between you and the Teacher for the  provision of the Coaching Services will

come into force.  


4.13. If the Teacher is unable to provide you with Coaching Services for any reason, we will inform you  of this as soon as possible and we will not process your order. If you have already paid for the  Coaching Services, we will refund you the full amount within 7 days.  


4.14. Non acceptance of the order may be a result of one of the following:  

4.14.1. The Teacher is unable to provide you with Coaching Services due to them being  available;  


4.14.2. The Teacher deems that it would be a conflict of interest;  


4.14.3. We are unable to collect your payment;  


4.14.4. There was an error in the pricing or identification/description of the Coaching Services;  4.14.5. There is an active dispute between us and the Teacher;  


4.14.6. You are unable to meet eligibility to order criteria.  


4.14.7. We have reason to suspect fraudulent activity.  

4.15. Any text, graphics, images, music, software, audio, video, works of authorship of any kind, and  information or other materials that are posted, generated, provided or otherwise made available 

within the Session constitute session content (Session Content).  


4.16. Once your Session has been confirmed you must be available on the date and at the time of the  Session booked.  


4.17. If you are late for your Session less than 15 minutes you will be able to continue with the Session  however no extension of time will be granted, and you will be charged for the whole Session.  


4.18. If you are late for your Session by 15 minutes or more, your Session will automatically terminate,  and you will be charged for the full Session.  


4.19. Although our Teachers are subject to strict rules in respect of non-attendance or lateness, in an  unfortunate event that your Teacher is unable to attend the scheduled Session, you will be able  to reschedule the Session to another date/time and you will not be charged for the Session that  was missed.  


4.20. If your Teacher is late for the Session less than 15 minutes, your Session will continue but you will  be refunded the portion of the fee for the time of the Session that was missed. You must therefore  wait at least 15 minutes if your Teacher is late. If your Teacher is late for 15 minutes or more, your  Session will automatically terminate, and you will be able to book another Session.  


4.21. If you are unhappy with the Coaching Services provided, we ask that you notify the Teacher or  us immediately so that this can be addressed.  


4.22. If you believe that the Teacher does not comply with the Platform Safety Standards, we ask that  you report the Teacher to us immediately.  


4.23. Sessions are non-transferrable to other users.  


4.24. You may amend the booking for the Session at any time before you receive a Booking  Confirmation.  


4.25. If you have received a booking confirmation, you may amend or cancel the booking for your  Session, but you must do so at least 24 hours before your booked Session is due to commence.  Any Sessions that are cancelled with less than 24 hours’ notice will be charged for in full.  


4.26. As we do not provide the actual Coaching Services, we make no warranty as to the  completeness, accuracy, availability, timeliness, security or reliability of the Coaching Services. 


4.27. We will take all reasonable care to ensure that all details, descriptions and fees in respect of the  Coaching Services that appear on our Platform are correct. Although we aim to keep the  Platform as up to date as possible, the information appearing on our Platform may not always  reflect the availability of the Coaching Services. 

5. Courses 


5.1. The listing of the Courses on our Website is an invitation to treat only.  


5.2. Once you have placed your order for the Course, you will receive an email from us  acknowledging that we have received it, but please note that this does not mean that your order  has been accepted.  


5.3. Our acceptance of your order takes place when we send the email to confirm that we have  received your order and that we accept it, at which point the contract between you and us will  come into existence for the provision of Courses.  


5.4. We will make the Courses available for you to watch as soon as we accept your offer. 


5.5. If we are unable to provide you with the Course for any reason, we will inform you of this as soon  as possible and we will not process your order. If you have already paid for the Course, we will  refund you the full amount within 7 days.  


5.6. Non acceptance of the order may be a result of one of the following:  


5.6.1. The Course is no longer available;  


5.6.2. We are unable to collect your payment;  


5.6.3. There was an error in the pricing or identification/description of the Course; 


5.6.4. There is an active dispute in respect of Intellectual Property of the Course;  5.6.5. You are unable to meet eligibility to order criteria.  


5.6.6. We have reason to suspect fraudulent activity.  


5.7. Any text, graphics, images, music, software, audio, video, works of authorship of any kind, and  information or other materials that are posted, generated, provided or otherwise made available  within the Courses constitute our

content (Course Content)  


5.8. We will take all reasonable care to ensure that all details, descriptions and fees in respect of the  Courses that appear on our Platform are correct. Although we aim to keep the Platform as up to  date as possible, the information appearing on our Platform may not always reflect the  availability of the Courses. 

6. Third Party Websites 


6.1. Our Platform may contain links to third party websites or resources (Third-Party Services). Such  Third-Party Services may be subject to different terms and conditions as well as different Privacy  Policies. We are not liable or responsible for the contents, availability or accuracy of such Third Party Services, or products or services available from such Third-Party Services. Links to such  Third-Party Services are not an endorsement by us of such Third-Party Services.  


7. Payments & Fees 


7.1. The use of the Platform for all users is free and there are no fees payable by you for the use of  the Platform.  


7.2. The payments referred to within these Terms of Business are for Courses (Course Fees) and for  the Coaching Services (Coaching Fees). Course Fees and Coaching Fees together are referred  to as Fees (Fees).  


7.3. You will be able to purchase the Courses and Coaching Services on a pay as you go basis. You  may also be able to use our subscription services as advertised at the time of booking.  


7.4. All the Fees will be displayed or communicated to you before you make the booking. We will  take all reasonable care to ensure that the Fees quoted are correct.  


7.5. It is always possible that, despite our reasonable efforts, Courses or Coaching Services may be  incorrectly priced. If we mistakenly accept and process your order where a pricing error is  obvious and unmistakeable and could

reasonably have been recognised by you as a  mispricing, we may cancel the contract for Courses or Coaching Services and refund you any  sums you have paid.  


7.6. The Fees quoted will be in GBP. Payments must be made to us in GBP and any refunds will only  be issued by us in GBP. We do not accept liability for fluctuations in the exchange rate, which  may affect the price or the refund. 


7.7. We may change the Fees at any time without any notice to you, but changes will not affect any  order that already has been accepted. 


7.8. Depending on the laws of the jurisdiction involved, VAT may be charged on certain Courses and  Coaching Services. The Fees quoted will be inclusive of VAT charges when applicable. 


7.9. You must pay all amounts due in full without any set-off, counterclaim, deduction or withholding  (other than any deduction or withholding of tax if and as required by law).  


7.10. The payments made through the Platform (Payment Facility) are processed by a third-party  payment services provider (Payment Provider). We take reasonable care to ensure that the  Payment Facility is available and functioning at all times but cannot guarantee continuous or  uninterrupted access to it. We cannot also guarantee that the Payment Facility is virus or error  free.  


7.11. Access to the Payment Facility may also be occasionally restricted to allow for repairs,  investigations, maintenance or the introduction of new facilities or services. Access to Payment  Facility may also not be available if we are in the process of changing the Payment Provider. We  will, where possible, aim to provide you with reasonable notice of any scheduled interruptions to 

such Payment Facility and will endeavour to restore and make such facility available to you as  soon as reasonably practicable.  


7.12. Please note that we do not store or retain any card information on our Platform. Any payment  information will be processed in accordance to the Payment Providers’ privacy policy. Our  current Payment Provider is [NAME] and their privacy policy can be assessed here.  


7.13. When booking the Coaching Services, you understand that the Fees will be collected by us on  behalf of the Teacher. All payments for Coaching Services must be made in advance before you  use the Coaching Services. Our receipt of the correct payment from you for the Coaching  Services will discharge your debt to the Teacher.  


7.14. You understand and agree that the Booking Services, Courses, and Coaching Services are  provided to you on an ‘as is’ and ‘as available’ basis. If however we are unable to provide  Booking Services or Courses, or if you are not supplied the Coaching Services in accordance to  these Terms of Business we will refund you the Fees paid for the affected Courses or Coaching  Services. 


8. Your right to cancel the contract  


8.1. You can always end your contract with us. Your rights when you end the contract will depend on  what you have bought, whether there is anything wrong with it, how it was performed and when  you decide to end the contract. 


8.2. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below, the contract will end  immediately and we will refund you in full the Fees which you have paid for the services not yet  provided. The reasons are: 


8.2.1. we have told you about an upcoming change to the Booking Services, the Courses or  Coaching Services or these Terms of Business which materially affect the provision of  them and which you do not agree to;  


8.2.2. we have told you about an error in the price or description of the Courses or Coaching  Services and you do not wish to proceed;  


8.2.3. there is a risk that supply of Courses or Coaching Services may be significantly  delayed because of events outside our control;  


8.2.4. we have suspended supply of the Courses or Coaching Services or notify you we are  going to suspend them; or  

8.2.5. you have a legal right to end the contract because of something we have done wrong.  

8.3. In accordance to Consumer Contract Regulations 2013, you are entitled to certain cancellation  rights when you purchase goods or services at a distance (email, phone, website) or off our  premises. As the Courses and the Coaching Services are purchased at a distance you have the  right to change your mind, provided that you exercise your right no longer than 14 days after the  day on which we have confirmed the acceptance of your order (Cooling Off Period).  


8.4. When exercising your right to change your mind it is important that you understand the following:  


8.4.1. that your right to change your mind does not apply to Courses after you have  downloaded them or started to stream them;  


8.4.2. that your right to change your mind does not apply to Coaching Services, once these  have been completed, even if the cancellation period is still running;  


8.4.3. that your right to change your mind does not apply if we delivered any other digital  content to you immediately, and you agreed to this when ordering; 


8.4.4. Coaching Services that we have started but not yet completed. In this case if you  cancel after the Teacher commenced to provide the Coaching Services, you will need  to pay for the Coaching Services provided up until the time you tell us you have  changed your mind.  

8.5. You will normally need to wait for the Cooling Off Period to expire before you book any of the  Sessions. By booking the Sessions that fall within the Cooling Off Period you agree that this 

constitutes your express request that Coaching Services are provided to you within the Cooling  Off Period. It is important that you understand, that if you book and take any sessions during the  Cooling Off Period, your right to cancel under the Consumer Contracts (Information, Cancellation  and Additional Payments) Regulations 2013 may be affected, see clause 8.4.2 and 8.4.4.  


8.6. If you wish to cancel a contract with us, you must inform us of your decision to cancel your  contract by a clear statement, including details of your name, address, details of the order you  wish to cancel and, where available, your phone number and email address so that we can  identify your order. To end the contract with us, please let us know by doing one of the following:  


8.6.1. Phone or email. Call Customer Services Team on [TELEPHONE] or email us at  [EMAIL]. 


8.6.2. Online. Complete the cancellation form on our website by clicking here. 


8.6.3. By post. Complete the cancellation form (attached) and post it to us at the address on  the form. Or simply write to us at [POSTAL ADDRESS] including details of what you  bought, when you ordered or received it and your name and address.  


8.7. If you send us your cancellation notice by email or by post, then your cancellation is effective  from the date you send us the email or post the letter to us. For example, you will have given us  notice in time as long as you get your letter into the last post on the last day of the cancellation  period or email us before midnight on that day.  


8.8. Any refunds that are due to you will be processed within 7 days from the date we have received  your cancellation notice.  

9. Your Obligations 


9.1. In your use of the Platform it is your responsibility to ensure that:  


9.1.1. when submitting your booking for the session, you check it carefully to ensure that  information and booking details are complete and accurate;  


9.1.2. when using the Platform, you follow all the instructions and procedures and comply with  our Platform Safety Standards;  


9.1.3. you comply with all applicable laws, including health and safety laws;  


9.1.4. when using the platform, you have access to good quality internet connection;  9.1.5. comply with any additional obligations as set out in these Terms of Business; and  


9.1.6. comply with any reasonable instructions of the Teacher and treat the Teachers with  courtesy and respect.  

10. Platform Safety Standards  


10.1. When using the Platform, you agree to be bound by our Terms of Use.  


10.2. In your use of the Platform or in relation to the booking and provision of the Coaching Services, it  is your responsibility to ensure that you will not and will not assist or enable others to:  


10.2.1. breach these Terms of Business, applicable regulations and laws and agreements with  third parties;  


10.2.2. use this Platform to advertise your services or any other commercial or other purposes  that are not expressly permitted by these Terms of Business;  


10.2.3. use this Platform in a way that falsely implies our endorsement or otherwise misleads  others as to your relationship with our Platform;  


10.2.4. use this Platform in breach of our Privacy Policy or use it in any other way that breaches  our user privacy rights;  


10.2.5. distribute unsolicited commercial messages;  


10.2.6. distribute sexually explicit material or offer any related services;  


10.2.7. use the Platform to request or make a booking which is independent from the Platform  or to obtain the details of the Teacher for commercial or any other purposes; 


10.2.8. accept, request or make any payment for the Coaching Services directly to the Teacher.  If you do so you understand and acknowledge that you will be in breach of these terms  and that you accept all the risks associated with this transaction;  


10.2.9. engage in any abusive or disruptive behaviour towards our staff, other members or  Teachers;  


10.2.10. discriminate against or harass our members of staff, Teachers or any other users of the  Platform on the basis of gender, gender identity, physical and mental disability, medical  condition, marital status, age, sexual orientation and/or race;  


10.2.11. use, copy or exhibit the material and content of the Platform without our express written  permission;  


10.2.12. do anything that would damage or adversely affect the functionality and performance of  the Platform, or that could damage or adversely affect the functionality and performance of the Platform;  


10.2.13. contact the Teachers for any purpose other than in relation to the Coaching Services;  


10.2.14. contact the Teachers to solicit them to offer Coaching Services to third party parties or  on third party websites, applications, platforms or join third parties that offer same or  similar services;  


10.2.15. use the Platform for any other immoral purposes;  


10.2.16. copy or record the Course Content or the Session;  


10.2.17. share your user account details with any other person or allow any other person to  benefit from the Coaching Services or Course Content.  


10.3. If you commit any breaches under the paragraphs 10.2.1 to 10.2.17 or any other provisions of  these Terms of Business (Your Default) we will be entitled to suspend all services or your  access to the Platform until you remedy Your Default. We may also rely on Your Default to relieve  us from the performance of the Booking Services. We will not be responsible for any costs or  losses you sustain or incur arising directly or indirectly from our failure or delay to perform our  services under those circumstances.



11. Data Protection 


11.1. We shall process the Personal Data only in accordance the Privacy Policy and shall not process  the Personal Data for any purposes other than those expressly set out in our Privacy Policy.  


11.2. We shall take reasonable steps to ensure the reliability of all our employees who have access to  the Personal Data.  


11.3. Please note that we will share only strictly necessary information with your Teacher when you  book your Session. Any information that you share with the Teacher during the Session, will be  processed by us in accordance to our Privacy

Policy. It is important that you understand that we  have no control over how the Teachers process the personal information that they receive from  you during the Session. We therefore encourage you to be cautions on the type of information  you share with the Teacher. We strongly discourage you from divulging any sensitive personal  information about you during your Sessions. You also have the right to request the Teacher to  provide you with a copy of their privacy policy.  


11.4. Each party warrants to the other that it will process the Personal Data in compliance with all  applicable laws, enactments, regulations, orders, standards and other similar instruments.  


11.5. We warrant that, having regard to the state of technological development and the costs of  implementing any measures, we will take appropriate technical and organisational measures  against the unauthorised or unlawful processing of Personal Data and against the accidental  loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to (i)  the harm that might result from such unauthorised or unlawful processing or accidental loss; (ii)  destruction or damage and (iii) the nature of the data to be protected, and take reasonable steps  to ensure compliance with those measures.  

12. Disputes between you and Teacher


12.1. In an event of dispute, you agree to cooperate with and assist us in good faith and provide  information and evidence as required by us and take such actions as may be reasonably  requested by us.  


12.2. The Teachers will perform the Coaching Services with reasonable skill and care. The Teacher  must also perform the Coaching Services in line with information provided concerning the  Coaching Services.  


12.3. If the Coaching Services are not provided to you in accordance to paragraph 12.2, in  accordance with the Consumer Rights Act 2015 you may be entitled to a repeat performance of  the Coaching Services.  


12.4. Given the nature of the Coaching Services, you undertake to inform us within 24 hours if you  believe that the Teacher has failed to perform the Coaching Services in accordance with  paragraph 12.2 or if you are otherwise unhappy with the Coaching Services.  

13. Limitation of our Liability 


13.1. The availability and use of the Platform is on an 'as is' and 'as available' basis.  


13.2. As the Coaching Services are carried out by the Teachers and not us, we are not responsible or  liable to you for the actual Coaching Services that are booked through the Platform.  


13.3. 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  our breaking this contract or our 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. 


13.4. 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 our negligence or the negligence of our  employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of  your legal rights in relation to the services which we must supply to you with reasonable skill and  care. 


13.5. If defective digital content which we have 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 or if you have breached the  Terms of Use.  


13.6. We are not liable for business losses. We only supply our services 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. 

14. Termination 


14.1. You may terminate this agreement at any time by deleting your user profile.  


14.2. We may terminate this Agreement at any time. If we exercise our right to terminate the  Agreement under this paragraph 14.2 we will refund fees for the Courses and Coaching Service  not yet used, downloaded or streamed.  


14.3. Upon termination of this agreement, your Personal Data will be kept in accordance to our Privacy  Policy.  


14.4. If you or we terminate this Agreement, the paragraphs of these Terms of Business that  reasonably should survive the termination of the Agreement will remain in effect.  



15. Communication between us 

15.1. When we refer to "in writing" in these Terms of Business, this includes email and any  communication that is sent through the Platform. 


15.2. Any notice or other communication given by one of us to the other under or in connection with  these Terms of Business must be in writing. A notice or other communication is deemed to  have been received at the time it was actually received by us.  


15.3. In proving the service of any notice, it will be sufficient to prove that such email was sent to the  specified email address of the addressee.  


15.4. The provisions of this paragraph will not apply to the service of any proceedings or other  documents in any legal action in which case normal service procedures will apply.  



16. Assignment and Transfer 

16.1. We may without restriction assign, transfer or delegate our rights and obligations under these  Terms of Business to another entity but will always notify you at least 30 days before we do so  in writing. You will be able to terminate our agreement if you will not agree with such assign,  transfer or delegation.  


16.2. You may not assign, transfer or delegate the Booking Services or your agreement with us and  your rights and obligations under these Terms of Business without our prior written consent.  



17. Variation  

17.1. We reserve the right to change these Terms of Business at any given time.  


17.2. We may change these Terms of Business from time to time by posting a revised version of it on  our website. You will be able to see the most up to date version of the Terms of Business and  the date and time of when these Terms of Business have become effective will be available at  the top of the website page where these Terms of Business are available.  


17.3. Unless we have to do so without notice to comply with legal or regulatory requirements, we will  confirm the date when the revised Terms of Business come into effect (Effective Date) and will  provide you with at least 30 days' written prior notice of the Effective Date of the revised Terms  of Business.  


17.4. We may post the notice of the updated Terms of Business on our website and/or we may notify you of the change by e-mail, to the e-mail address you have used to register your user profile on the  Platform. We will also confirm the effective date of the Terms of Business and your right to terminate the Agreement if you are unhappy with the change of the Terms of Business.  


17.5. If you access or use our Platform or do not terminate your agreement before the Effective Date  you will be considered as having consented to all the changes to the Terms of Business and  your use and access of the Platform will constitute acceptance of the revised Terms of  Business.  


17.6. If you disagree with the revised Terms of Business, you will be able to terminate this  agreement. If you do not agree with the revised terms you must not use the Platform. If you do  not agree to the changes in the Terms of Business, you will be able to close your account at  any time.  


18. General Terms 


18.1. Except as they may be supplemented by additional terms and conditions expressly to which  these Terms of Business refer, policies, guidelines or standards, these Terms of Business  constitute the entire Agreement between us and you pertaining to the provision of Booking  Services and supersede any and all prior oral or written understandings or agreements between  you and us in relation to the access to and use of the Platform.  


18.2. Unless it expressly states otherwise, these Terms of Business do not give rise to any rights to  third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these  Terms of Business.  


18.3. These Terms of Business, and any dispute or claim (including non-contractual disputes or  claims) arising out of or in connection with it or its subject matter or formation shall be governed  by and construed in accordance with the law of England and Wales.  


18.4. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim  (including non-contractual disputes or claims) arising out of or in connection with these Terms of 



18.5. No joint venture, partnership, employment, or agency relationship exists between you and us as  a result of this Agreement or your use of the Platform.  


18.6. If any provision or part-provision of these Terms of Business is or becomes invalid, illegal or  unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid,  legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted.  


18.7. Any modification to or deletion of a provision or part-provision under this paragraph shall not  affect the validity and enforceability of the rest of these Terms of Business.  


18.8. If we do not insist that you perform any of your obligations under these Terms of Business, or if  we do not enforce our rights against you, or if we delay in doing so, that will not mean that we  have waived our rights against you or that you do not have to comply with those obligations  unless acknowledged and agreed by us in writing. Except as expressly set forth in these Terms  of Business, the exercise by either party of any of its remedies under these Terms of Business  will be without prejudice to its other remedies under these Terms of Business or otherwise  permitted under law.  


19. Indemnification 


19.1. To the maximum extent permitted by law, you agree to release, defend, indemnify us, our  affiliates and subsidiaries, including but not limited to our officers, directors, employees and  agents, harmless from and against any claims, liabilities, damages, losses, and expenses,  including, without limitation, reasonable legal and accounting fees, arising out of or in any way  connected with:  


19.1.1. your breach of these Terms of Business;  


19.1.2. your improper use of the Platform;  


19.1.3. your failure to comply with the Platform Safety Standards;  


19.1.4. your improper interaction with Teacher or any other user on the Platform;  


19.1.5. your breach of any laws, regulations or third-party rights  

including without limitation any injuries, losses or damages (whether compensatory, direct, incidental,  consequential or otherwise) of any kind arising in connection with or as a result of such interaction,  participation or use.  


19.2. This indemnification obligation according to this paragraph 19 applies only if and to the extent  that the claims, liabilities, damages, losses, and expenses have been adequately caused by  your culpable breach of a contractual obligation.  


20. Feedback 

20.1. We welcome and encourage you to provide feedback, comments and suggestions of how we  can improve our Platform. You may submit feedback. By submitting your feedback or  suggestions you grant as a non-exclusive, worldwide, royalty free, irrevocable sub licensable,  perpetual license to use and publish those ideas for any purpose. You undertake and  understand that if we do so there will be no compensation due to you and that any feedback  submitted by you to us is non-confidential and not proprietary material to you.

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