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Terms of Service. 

These terms and conditions apply to Services provided by Nicola MacPhail t/a Gen-i of Brunswick Road, Penrith, Cumbria, CA11 7LT (“Gen-i” or “we” or “us”). You may contact us on info@gen-i.co.uk.

These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course, Subscription or Workshop (“Services”).  Please read these terms and conditions carefully before purchasing any service.

When subscribing to our Gen-ius Journal Subscription – Please pay particular attention to our Community Guidelines, as these form part of the Subscription Terms of Service.

For purchases marketed via our website (and associated payment pages), by purchasing the Service you agree to the terms of this agreement which will bind you.  If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by Gen-i to accompany a Service provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to Gen-i for the Services both as single payment or subscription payments.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Services” means the provision of Online Courses, Gen-ius Journal Subscription and Workshops (both online and in person) and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or directly.

“Website” means www.gen-i.co.uk and associated payment pages.

“you” means the individual purchasing the Services.

2. The Services

2.1. A description of the Services together with any dates on which the Services will begin are available on our Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the Services.

 3. Ordering Services

Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must provide your details as outlined on the payment page via the payment link on our Website.

3.2. When you place an order for a Service via the Website, or directly you are offering to purchase the Services on these terms and conditions. 

3.3. Where your order consists of multiple Services, each individual course will be treated by us as a separate offer to purchase.  Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

4. Cancellation and Variation

4.1 Once your purchase has been confirmed, you will not be able to cancel your place on any Workshop (online or in person), in some cases Gen-i my permit you to transfer your booking to another Workshop solely at their discretion.

4.2 Once an Online Course has been purchased you will not be able to claim a refund. For any questions regarding this please contact info@gen-i.co.uk.

4.3 For terms relating to cancellation & variation relating to Subscriptions, please refer to Clause 11 of this Agreement.

5. Fees

5.1. The Fees for the Services shall be as set out on the Website, confirmed in an email or as told to you over the telephone, at the time you placed an order for them.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.  Each of these costs will be set out in the Website, via email or told to you over the telephone prior to your purchase the Services.

5.4. Fees for the Service selected by you on the Website, confirmed via email or purchased over the telephone shall be paid for at the time of purchase.  Fees must be paid in full prior to you attending any Workshop or accessing any Services.

5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Gen-i shall not be responsible for these.

6. Liability

6.1. Although Gen-i aims to provide the Services to the highest standards, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the Services or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, including freedom from viruses or other contamination, or that the Service is compatible with any computer systems, software and browsers, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.3. Subject to clause 6.4 below, Gen-i total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Service in relation to which a dispute has arisen.

6.4. Nothing in this Agreement shall exclude or limit Gen-i’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.

6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses, all Gen-ius Journal Subscription content and talks given at the Workshops are, and remain, the intellectual property of Nicola MacPhail – © Nicola MacPhail 2020. All rights reserved. Including whether adapted, written for or customised for the Client or not.

7.2. You are NOT authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Online Course content or Course Materials without prior written permission;

(ii) transmit it or store it in any other website or other form of electronic retrieval system;

(iii) record on video or audio tape, relay by videophone or other means the Online Course or Workshop given

(iv) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(v) remove any copyright or other notice of Gen-i on the Online Course content or Course Materials;

(vi) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or Gen-ius Journal Subscription.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

• fail to pay when due your Fees;
• act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Gen-i, any teacher who provides Workshops or any student who attends any Workshops or online calls via Gen-ius Journal Subscription;
• steal or act in fraudulent or deceitful manner towards us or any other customers who may be on our premises or attending our Workshops or Online Calls within the Gen-ius Journal Subscription;
• are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Subscriptions (Gen-ius Journal Subscription) 

By subscribing to the Gen-ius Journal Subscription you are agreeing to adhere to our important Community Guidelines.

11.1. You must be at least 18 years old to take a Subscription.

11.2 We will try to process your Subscription promptly, but we do not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your details, at which point we will provide you with access to your Subscription. We reserve the right to reject any offer in our discretion, for any or no reason.

11.3 Subscription Prices and Payment

11.3.1 If you are a new customer you may receive a ‘discount’ or ‘introductory offer’ as part of your Subscription. When the discount or introductory offer period finishes your Subscription will automatically continue at the price quoted on the Site during the sign-up process, unless you cancel in accordance with the instructions set out below before the end of the trial period.

11.3.2 You agree to pay the price at the rate notified to you at the time you take out your Subscription. We may modify the price of any Subscription, remove and/or offer certain other subscription services from time to time. We will always tell you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

11.3.3 In addition to the Subscription fees due to us, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Service or using the services available on it. For example, your mobile network operator may charge you for data or roaming services.

11.3.4 If we discover an error in the prices listed on the Site, we will inform you and give you the option of continuing to purchase the Subscription at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided, we will treat the order as cancelled.

11.4 Subscription Renewals and Cancellations

11.4.1 Your Subscription will automatically renew for the same Subscription period (e.g. monthly). Upon renewal, we will charge the current Subscription price using the same card or other payment method that you previously used.

11.4.2 If you took a Subscription with a ‘discount’ or ‘introductory offer’, you may cancel the Subscription at any time before the discounted period or offer period expires. Unless you cancel prior to the end of this period, your Subscription will automatically continue as a paid-for Subscription.

11.4.3 You agree that your Subscription will begin as soon as we send you the email confirming your Subscription. You will not have the right to cancel the Subscription within the active Subscription period, save for any ‘discount’ you might be entitled to (see above).

11.4.4 To cancel your subscription please email your request to info@gen-i.co.uk.

12. Entire Agreement

These terms and conditions, together with the Website Disclaimer and any Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

13. Force Majeure

Gen-i shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Service caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

14. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

15. Data Protection

15.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

15.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the Services.

15.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Gen-i.

15.4 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

15.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website. 

15.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content. 

15.7. Gen-i endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security. 

14.8. For more information can be found via our Privacy Policy. If you wish to change or update the data we hold about you, please e-mail info@gen-i.co.uk.

16. Law and Jurisdiction 

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

17. Notices

You can contact us by any of the following methods:

 Email: info@gen-i.co.uk