The FearHacker Program: Online Course Terms and Conditions

This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website www.drthorns.com (our site) to you. Please read these Terms carefully before ordering any Courses from our site. You should print a copy of these terms and conditions for your future reference.
By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.

1. INFORMATION ABOUT US
www.drthorns.com is a site operated by Clinical Psychology (UK) Ltd ("we" or “us”). We are registered in England and Wales under company number 08953588. Our registered office address is 112-114 Witton Street, Northwich, Cheshire, England, CW9 5NW and our email address is [email protected]. Our VAT registration number is 279023982.

2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom, The United States of America and Canada.

3. YOUR STATUS
By placing an order through our site, you warrant and confirm that:
a. You are legally capable of entering into binding contracts;
b. You are at least 18 years old;
c. You will only use a Course for your use and you may not sell, publish or distribute such document or use it in whole or in part to create another document.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Course. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access. The contract between us (Contract) will only be formed when we send you the Confirmation.
4.2 The Contract will relate only to those Courses whose access we have confirmed in the Download Confirmation. We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.
4.3 If you are purchasing a Course as a consumer (as defined in the Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013 – namely you are buying the course as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, the following shall apply:
a. you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at [email protected]. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
b. notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 4.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
c. in relation to the provision of any additional services under this Contract:
i. you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
ii. if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.]

5. AVAILABILITY
5. 1 Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact [email protected] to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course.
5.2 Any digital materials included as part of the course require the following hardware and software and other functional requirements in order to be fully used: Access to a pc computer or mobile phone with internet access.

5.3 Any digital materials included in the course have the following technical protection measures: Password protected online course portal supplied and maintained by Kajabi, LLC, Kajabi Financial, LLC, and their affiliated entities (collectively the "Kajabi,"

6 TITLE AND INTELLECTUAL PROPERTY
6.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.
6.2 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.
6.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Programme.
6.4 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme was provided only.
6.5 Except as set out in paragraph 6.4, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo and name is strictly prohibited without our prior written consent.
6.6 You may not without our prior written consent make any audio or visual recordings of any part of our Programme.
6.7 We may from time to time record the Programme being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
6.8 You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission. You shall not contact any participants of the Programme other than in relation to progressing within the Programme.
6.9 We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.
6.10 The materials we deliver as part of the course do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the materials within the course.
6.11 We will endeavour to ensure that all information that we provide within the course is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6.12 The provisions of this paragraph 6 shall survive termination of the Contract.
7. PRICE AND PAYMENT
7.1 The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Where your order includes ongoing access to the course materials (for the period stated on the order form), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If you wish to continue to have access to the course materials, you must renew your membership in the manner advised on our site.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
7.4 Payment for all Courses must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.

8. REFUNDS
8.1 As you are able to download, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. OUR LIABILITY
9.1 Our Courses are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
9.2 We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
9.3 You acknowledge that in the course of the Programme you may have access to other Programme participants confidential information and you agree not to use or disclose to any third party such confidential information. This restriction does not apply to:
i) any use or disclosure authorised by you or required by law;
ii) any use or disclosure which you consider necessary or advisable in order to prevent illegal acts or harm to others; or
iii) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
9.4 Nothing in these terms attempt to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
9.5 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.
9.6 By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
a. loss of income or revenue
b. loss of business
c. loss of profits or contracts
d. loss of anticipated savings
e. loss of data, or
f. waste of management or office time
g. physical harm or incident when driving and you agree you hold full and complete responsibility for you assessing your own ability to operate a vehicle and you confirm to are; legally permitted to drive and are physically and mentally competent to operate a vehicle and where required by law you are adequately insured to do so. You agree you are fully responsible for your own driving related decisions and behaviours.

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise.

10. WRITTEN COMMUNICATIONS
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. NOTICES
All notices given by you to us must be given to Dr Tracy Thorns at [email protected] We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

14. WAIVER
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

15. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. RESULTS DISCLAIMER
16.1 You agree that you understand that outcomes and results cannot be guaranteed and we are not providing therapy or personalised service. You agree that this agreement is to provide a digital course and coaching and does not constitute a personal or professional relationship. You agree that you are responsible for your own personal safety and agree this course is not intended as a replacement for personal one-to-one therapy or a risk assessment service for your mental health. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.

17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).

19. LAW AND JURISDICTION
Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

20. THE PROGRAMME
20.1. The materials we deliver as part of the Programme do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.
20.2 Online Content and Sessions- The online sessions of the Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
20.3 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
20.4 Any digital materials included in the Programme require the following hardware and software and other functional requirements in order to be fully used: Access to a digital device (such as a desktop computer, phone, tablet etc) to access the course information which is stored online. You will need internet access to access the materials and attend the calls.

21 Term and termination
21.2 The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
21.3 You may terminate the Contract at any time after the date falling 60 days from your date of registration for the Programme but before the date falling 65 days from your date of registration] by emailing us at [email protected] and clearly stating your wish to terminate and explaining how the Programme has not enabled you to meet its stated objectives. If we agree (acting reasonably) that the Programme has not enabled you to meet its stated objectives as a result of the Programme (rather than as a result of your action or inaction or your personal attributes) we may provide you with a full refund of the amount paid by you up to that date for the Programme.
21.4 Notwithstanding the provisions of paragraph 21.2 or 21.3, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
I) The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
II) The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
III) The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

21.5 We may terminate the Contract without any liability to make any refund to you if your continued participation in the Programme is in our opinion causing disruption to the running of the Programme or to other participants.
21.6 Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract.
21.7 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated)
21.8 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
21.9 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
21.10 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
21.11 This paragraph 21 shall survive termination of the Contract.
21.12 Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 21.8 and all other paragraphs that refer to “termination”.

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