AGREEMENT FOR QUANTUM FAST TRACK PROGRAMME
Introduction
These are the terms and conditions applicable to a purchase of the Quantum Fast Track Programme (the “Course”). If you do not agree with anything contained within these terms and conditions, please do not proceed with purchasing the Course.
They describe the terms on which we will sell the Course to you.
This introduction is designed to give you an overview of the terms and conditions, but it is not part of the terms and conditions themselves.
The Course is provided by Indigo Creations Limited, a company registered in England and Wales under company number 11558908, and with registered office at 11 Westfield, Shepton Mallet BA4 5TY (the “Company”).
These Terms and Conditions
You agree to purchase the Course from us on these terms and conditions, by proceeding to make a payment for the Course. If you do not agree with these terms and conditions, you must inform us within 24 hours of receipt of your purchase; otherwise, these terms and conditions will apply.
These terms and conditions are our entire agreement. No previous statements or representations that we have made to you form part of these terms and conditions unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
Services and Term.
1.1 By signing this Agreement, You will become a member of the 12 month Quantum Fast Track Programme (“Course”), which includes the following three programmes:
Quantum Business Creation; January - June 2021
Profits For Prophets; July - December 2021
Creation Code Initiate Programme; To be started (in parallel) either in January, May or September 2021
The course starts Monday 4rd January 2021 and is designed to take you through an accelerated process to birth your Sacred Business in the world. We will provide You with the following mentoring services and benefits during the term of the Agreement:
(i) 10 x 60 minute LIVE group Q&A/teaching calls with Ariella via Zoom or an equivalent web conference system;
(ii) Weekly 60 min group support calls;
(iii) 1 x 30 min call per month with your own private Business Oracle (12 in total);
(iv) 2 x LIVE 2.5 hour deep dive workshops with Ariella;
(v) Pre-recorded video content for QBC, P4P & CCIP which will be drip fed by email and sent to you on a weekly basis during the 12 month period;
(vi) 3 Day LIVE online business retreat with Ariella;
(vii) 1 x initial Group Orientation Call to get you set up for success;
(viii) 1 x Group closing ceremony Call at the end of the Course;
(ix) Access to Ariella and her support team in a private Facebook group;
(x) Any fast action or early bird bonuses which will have been offered to you at the time of making your purchase so long as you made your purchase by the deadline date given at time of purchase.
1.2 The Course starts on Monday 4rd January 2021 and runs for a period of 12 months whereupon this Agreement (and your entitlement to the services and benefits listed above) will automatically end, unless either party terminates the Agreement earlier in accordance with section 2.
1.3 It is your responsibility to make use of the services set out in section 1.1. We have no responsibility for your non-attendance and we have no duty to refund you any amounts paid or payable for services or events non-attended or in which you have not participated.
2. Cancellation of The Course
2.1 We are under a legal duty to supply the Course in conformity with this Agreement. If you decide to end this Agreement for a reason set out at (a) to (e) below, we will refund you in full for any part of the Course which has not been provided, in the event that:
(a) we have told you about a significant change to this Agreement or the Course (other than to reflect changes in relevant laws and regulatory requirements or to implement minor adjustments and improvements) which you do not agree to;
(b) we have told you about an error in the price or description of the Course and you do not wish to proceed;
(c) there is a risk that supply of the Course may be significantly delayed because of events outside our control (except in the case of clause 2,7 below);
(d) we have suspended the Course or notify you we are going to suspend it; or
(e) you have a legal right to end the contract because of something we have done wrong.
2.2 If you choose to terminate this Agreement and we are not at fault, then we will retain all payment instalments already received and charge You with the remaining balance to be paid in full (if you are paying via payment plan), such amount to be due within 14 days from your notice to terminate.
2.3 If you have any questions or complaints about the Course, or if you wish to exercise your right to cancel this Agreement, please contact us at support@ariellaindigo.com
2.4 If you are a consumer in the European Union, by default, and where applicable, you also have a legal right to a “cooling-off” period within which you can cancel the contract for any reason, including if you have changed your mind, and receive a refund. The period begins once we have confirmed your booking on the Course and ends 14 calendar days later.
2.5 We may immediately terminate this Agreement and remove you from the Course if your conduct is in our sole opinion inappropriate, disrespectful, discriminatory, abusive, offensive or otherwise unacceptable, or if it amounts to your breach of this Agreement, or if you provide us with information that is necessary for us to provide the Course within a reasonable time of us asking for it, or if you do not make any payment to us when it is due and you still do not make payment within 14 days from our payment reminder. You agree that your exclusive remedy in such a scenario will be a claim for a pro-rated refund of the amount paid to participate in the remainder of the Course, which may be subject to deductions for our reasonable compensation costs and expenses.
2.6 In the event that we withdraw the Course, we will refund any sums you have paid in advance for the Course which will not be provided.
2.7 In the event that any element of the Course, or the entirety of the Course, has to be rescheduled due to a reason outside our control (including but not limited to any act of God, natural disaster, terrorist attack or spread of a virus or infection among the human population), you will not receive a refund of any fees, but you will be entitled to attend that element at the rescheduled date. In such circumstances, we will not be liable for any costs associated with amending your travel plans or any other costs.
3. Fees and Payment
3.1 The price of the Course is as stated to you at the time of purchase, whether online or over the phone. This price will be inclusive of Value Added Tax.
3.2 You may pay for the Course using either of the following methods:
3.3.1 Via Bank Transfer to:
Account Name: Indigo Creations Ltd
Bank Name: Santander Business Banking
Address: Bridle Road, Bootle, Merseyside, L30 4GB, United Kingdom
Sort code: 09-01-29
Account number: 38654396
IBAN: GB26ABBY09012938654396
BIC: ABBYGB2LXXX
or
3.3.2 Via PayPal
Or
3.3.3 Via Stripe
3.4 Our acceptance of your booking request will take place when we email You to accept it, at which point a contract will come into existence between You and Indigo Creations Limited.
3.5 Time of payment is of the essence. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law). If you do not make any payment due on time, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4. Disclaimer, Limitation of Liability and Indemnity
4.1 Whilst we will use best endeavours to ensure that you make satisfactory progress, results will depend on various factors, including, without limitation, your aptitude, attitude, previous experience, and existing familiarity with the subject area. Satisfactory progress and particular outcomes cannot be guaranteed, and we make no warranty or representation that any particular result will be brought about as a result of you taking part in the Course. To the extent permitted by law, we will not be liable to you for any direct, indirect or consequential loss (including but not limited to loss of profit, loss of business, interruption to business, loss of goodwill or reputation) arising out of your participation in the Course including due to the actions, statements or behaviour of any third parties or participants involved in the Course.
4.2 The information provided during the Course is not a substitute for any professional advice or treatment, including the advice of a financial advisor and treatment of a licensed healthcare professional, psychotherapist or psychiatrist. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the Course. For specific concerns, questions or situations requiring professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a financial advisor, legal representative, licensed physician, psychologist, or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the Course. If you have any current mental health conditions, are taking prescription medications including for depression or anxiety, or are under professional care or supervision, please notify us immediately, as this Course is not to be substituted for such treatment or care.
4.3 Subject to clause 4.4, we are not responsible to you for any unforeseeable loss and damage. We are not responsible for loss or damage you suffer that is an unforeseeable result of our breaking this contract or our failing to use reasonable care and skill. To the extent permitted by the law we, our employees, representatives and agents are not responsible for any physical or non-physical damages sustained as a result of the involvement in the Course or any content provided as part of the Course, which is advisory and supportive only, and you bear sole responsibility for the use and implementation in your personal or professional life. Views expressed by any third parties (including guest speakers and Ascension coaches) are their own and we disclaim all liability for advice given or views expressed during the Course. We are not responsible for delays outside our reasonable control. If the Course (or any element of the Course) is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
4.4 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 Course and under the Consumer Protection Act 1987.
4.5 To the fullest extent permitted by law, our total aggregate liability to you shall not exceed the price paid by you for the most recent payment instalment for the Course (or the equivalent pro-rated monthly amount if you have paid the annual fee upfront).
4.6 To the extent permitted by the law, you agree to indemnify, defend and hold us harmless, our subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by you in any claims arising out of this Agreement, your involvement in the Course, any breach of these terms and conditions or if any content that you post or publish or any actions you take causes us to be liable to a third party.
5. Confidentiality and Intellectual Property.
5.1 You agree that Indigo Creations Limited’s methods, processes, and strategies taught in the Course are the sole and exclusive property of Indigo Creations Limited and constitute a confidential proprietary information that is protected by law, including but not limited to copyright, trademark, and trade secret law. All materials, mentoring strategies, and all associated mentoring advice provided to you as part of the Course are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without our prior express written permission. You agree to maintain the confidential nature of the Course and its related materials, strategies, and advice, and You agree not to duplicate, disseminate, distribute, modify, re-use or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Course, (ii) is required by valid legal process (whereby You agree to provide prompt written notice of such legal process to Indigo Creations Limited so that We can take appropriate legal action to protect Indigo Creations Limited’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You agree to keep all information shared by others confidential, including all information shared by others inside of the online community associated with the Course, including content shared within any private Facebook group, or similar forum. You further agree that any violation of the terms of this Section 5 will cause substantial and irreparable harm to Indigo Creations Limited and that Indigo Creations Limited is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
5.2 You acknowledge that the Course (or parts of it) may be filmed by audio, visual, audio-visual or electronic means or photographed, including photographs of individuals or groups of delegates. You hereby consent to us, (or, if applicable, any third party licensed by us) recording you and to our use, editing, distribution, publication and exploitation of such photos, footage and recordings (and your name, image, photograph, voice, likeness and contribution) in all or any media (including social media) whether current or subsequently created, in perpetuity at any worldwide location, for the purposes of advertising, marketing, publicity, reporting and otherwise in relation to the exploitation of such recordings and photographs now or in the future, without any additional entitlement to compensation owing to you, and you agree to waive any moral rights in relation to your Course participation. Please inform us in advance if you do not wish to be included in any individual or group photographs or video footage.
5.3 If you upload, post or publish any quotes, photographs, videos or other audio, visual, or audio-visual content or materials pertaining to or in connection with the services provided under section 1.1, unless expressly stated otherwise by you, you hereby grant us a non-exclusive, royalty free, perpetual, irrevocable licence to display and distribute the same on our own website, social media channels and in any marketing materials associated with and/or promoting our services.
6. Data Protection
All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy on our website: www.ariellaindigo.com
7. General
7.1 This Agreement constitutes the entire agreement between us and you with respect to its subject matter. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of us that is not set out in this Agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
7.2 We withhold the right to transfer our rights and obligations under this Agreement to another organisation and we will notify you should this be relevant. You need our consent to transfer your rights under this Agreement to a third party.
7.3 This Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms.
7.4 If any of the provisions of these terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms, which shall be valid and enforceable.
7.5 No failure or delay by us in exercising any of our rights under this Agreement means that we have waived that right, and no waiver by us of a breach of any provision of these terms means that we will waive any subsequent breach of the same or any other provision.
7.6 The parties to this Agreement may authenticate their agreement to its terms by signing below via electronic signature. This should be given the same legal force and effect as a handwritten signature.
7.7 This Agreement and the relationship between you and us shall be governed by, and construed in accordance with English Law and both parties agree to submit to the exclusive jurisdiction of the courts of England in relation to any dispute concerning this Agreement.