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Terms and Conditions

Please read these Terms and Conditions carefully.

Upon paying for and/or signing up for any course, product or service through this website or otherwise, you signify your agreement to be bound by these Terms and Conditions.

​​​Terminology


We Sumantha McMahon or any representatives.

Terms/Agreement These Terms and Conditions.

Service/s Any services or products delivered or offered by Sumantha McMahon or a representative.

Platform/Account The website or software through which services or products are administered.

You/Your The client/member, responsible for payment of products and services.

​Membership & Payments

Payments are made once a month, via direct debit, from the date that you enrol.  Upon payment, you confirm your continued membership.


  1. Membership lengths are available for a minimum term of 1 month.  If you are on a discounted fee, this will apply for as long as you have uninterrupted membership.  If you cancel and re-join at a later date, you will be required to pay the current fee advertised at that time.
  2. If you fall behind with membership fees and this is not caused by a bank error, we may charge reasonable administration fees or suspend or cancel your membership.
  3. We may decide to increase our membership fees, but your fees will not increase for as long as you have uninterrupted membership.  If, for unforeseen circumstances, your membership fees do increase, you will be given a minimum of 14 days’ notice.

 

We use third party payment processing companies (Stripe) to process payments you made by authorised and valid credit or debit cards. We don’t collect your card data.


Without payment, a purchase will not be complete and you will not have secured access to the Service until you received a confirmation email. Upon receiving successful notification, we will provide access details by email.


If you provide credit card information to pay for fees, you hereby represent and warrant that you are authorised to supply such information

​Your right to cancel


You can cancel at anytime.  Your membership will not renew at the next arranged date and no further monies will be debited from your account/card.


If you cancel your membership during a month you have already paid for, any monies paid thus far will not be refundable or transferable. 

​Suspension of services

Your Account may be suspended if you breach any stated terms. If your account is suspended, monies paid are not refundable or transferable.


Situations that may lead to the suspension of services with immediate effect:


•  Payment has not been received

•  Attempts to share membership/Account details with other non-paying persons

•  Gross misconduct e.g. threatening behaviour from a member or anyone associated with the member, attempts to recruit members

•  Conflict of interest with the Service/Product subscribed to

•  Any breach of these Terms and Conditions

•  Force majeure


If we suspend your Account or access to the Services for any reason, we can legally refuse to provide you with any Services or the right to purchase further Services. 

​Platform Use

Accounts may only be used by the individuals named on the Account and those names must be real and accurate.

 

Sumantha McMahon will endeavour to maintain the availability of the Platform to You, but does not guarantee 100% availability.  For instance, if the supplier, Thinkific Labs Inc. face technical issues or the internet connection is faulty.

 

All users of the Platform must:


(a)  be appropriate with generally accepted standards of etiquette and behaviour

(b)  be courteous and polite to others

(c) avoid contacting and/or sending excessive messages

(d)  not be offensive, insulting, deceptive, hostile, threatening, abusive, discriminatory or inflammatory

(e)  not engage in activities that are unlawful, fraudulent, harmful or in connection with any such activity

(f)  to conduct any systematic or automated data collection activity, via or in relation to the platform

(g)  to conduct (or request that any other person or entity conduct) any load testing or penetration testing

(h)  in any way (or promote the Platform in any way) which is liable to result in the blacklisting of any IP addresses or domains being used by the platform

 

For the avoidance of doubt, anyone other than Sumantha McMahon has no right to access the software code (including object code, intermediate code and source code) of the Platform, either before, during or after the Agreement.

​Account Closure


 Your Platform Account may be closed if you:


(a)  fail to reply to messages;

(b)  refuse to make Lesson Payments when requested (and owed);

(c)  repeatedly cause billing disputes;

(d)  send an excessive number of messages;

(e)  do not log in to your Account for more than 4 weeks;

(f)  breach the Agreement;

(g)  attempt to reproduce, copy, modify, publish, exploit or distribute any material in any way 

​Marketing & Your Data

From time to time, snippets of sessions and/or written feedback may be recorded for marketing purposes. 

 

If you object to your name and headshot being used, please let Sumantha McMahon know in writing beforehand.


For all information about how we use your data, please refer to the Privacy Policy.

​Liabilities & Rights

No refunds or monies paid will be refunded or transferred if You decide that the Service is not suitable for your needs.  It is Your responsibility to carry out due diligence before paying for Services.


Sumantha McMahon is not liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect).


If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.


You will not be entitled to bring any claim or legal proceedings in respect of any refund or repayment, howsoever arising, 3 months after the date on which entitlement to such a refund or repayment arose.  For the avoidance of doubt, the Website Privacy Policy apply in addition to these Terms.

We will not be responsible for any breach of these Terms caused by circumstances beyond out reasonable control.  This includes responsibility for third party software and applications.


The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Sumantha McMahon reserves the right to amend these Terms and Conditions at any time (no changes will be retrospective).  Every effort will be made to notify you of changes but you are encouraged to check these terms if you are in any doubt.

Questions?
If you have any questions, please email us at info@theupgradeproject.co.uk.

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