TERMS OF PURCHASE
ELEVATE WITH ENERGY LTD
reikiforbirth.com (“Site”) is owned and operated by Elevate With Energy Ltd (“Company”), a company registered in England and Wales under company number 14190421 with registered offices at 124 City Road, London, EC1V 2NX.
Please read these terms and conditions carefully before placing an order. By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with our products, programs, or services and enter into a legally binding agreement with the Company, subject to the following terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase from this Site.
1. TERMS
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, we agree to provide products and services in accordance with the program(s) you have purchased (“Program”).
(b) The scope of services rendered by us pursuant to this contract shall be solely limited to those contained therein and/or provided for on our Site as part of the Program.
(c) We reserve the right to substitute services equal to or comparable to the Program if reasonably required by the prevailing circumstances.
(d) You agree to be open, present and prepared to complete the work. You are responsible for your own success and implementation of objectives met.
(e) The content included in the Program are for your individual, non-commercial use. You agree not to share login details and/or Program materials with any third parties including co-workers.
(f) We reserve the right to remove you from the Program at any time for any reason.
(g) We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes and before every purchase.
(h) If the revised terms apply to any existing provision of services, we will notify you of the changes.
(i) Your continued use of this Site and purchase of products and services on this Site following the posting of changes to these terms and conditions will mean you accept those changes.
2. PRIVACY POLICY AND ACCEPTABLE USE.
(a) Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information please see our Privacy Policy.
3. AGE RESTRICTION.
(a) You shall not purchase any products or services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
4. PROVISION OF SERVICES.
(a) We will supply the Program to you from the date set out in the order for the period set out in the order.
(b) We will make every effort to provide the Program on time. However, there may be delays due to an Circumstances Outside Our Control. See clause 17 below for our responsibilities when a Circumstance Outside Our Control happens.
(c) We will need certain information from you that is necessary for us to provide the Program, for example, your email address. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Program by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Program you do not have to pay for the Program while it is suspended, but this does not affect your obligation to pay any invoices we have already sent you.
(d) We may have to suspend the Program if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Program while it is suspended but this does not affect your obligation to pay for any invoices we have already sent you.
5. ACCEPTANCE OF ORDER.
(a) These Terms will become binding between you and us and a Contract will come into effect between us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the Program to you. We are not bound by the order unless we accept it in writing.
(b) If there is any conflict between these Terms and any term of the order, the order will take priority.
6. METHODOLOGY.
(a) You agree to be open-minded to our methods and partake in the Program as proposed.
(b) You understand that we have made no guarantees as to the outcome of the teaching sessions or Program.
(c) We may revise methods or parts of the Program at any time.
7. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, you agree to pay the full purchase amount.
(b) Prices are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
(c) Despite our best efforts, there may be incorrect prices on some of the Programs. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Program to you at the lower price that was incorrect.
(d) Payment for the Program is to be made in advance by PayPal, credit or debit card except where agreed otherwise in writing between us.
(e) If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of The 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.
(f) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that we will charge PayPal/the credit card chosen by you for the amounts specified on the Site. If you select a payment plan option, you agree to pay fees according to the payment schedule set forth on our Site, or otherwise provided to you, and the payment plan selected by you (the “Fee”).
(g) In the event you fail to make any of the payments within a payment plan during the time prescribed, we have the right to immediately disallow your participation in the Program until payment is paid in full, including disallowing access to modules, materials, and coaching calls (except where you validly dispute an invoice). If you have not paid within fourteen (14) days, we have the right to terminate agreement. We will contact you to tell you this. This does not affect our right to charge you interest.
(h) In the unlikely event you are not happy with the Program please contact us as soon as possible and give us a reasonable opportunity to repair or fix any defect. We will use every effort to solve the problem within 7 days.
(i) You may cancel your order any time within 14 days of the date of our email confirmation of your order by using the Form of Cancellation which you can download here. Please return the form by email to mitra@elevatewithenergy.com. We will confirm your cancellation to you by email and you will receive a full refund of any fees paid via your original payment method. Refunds are not available after 14 days.
8. DISCLAIMERS.
(a) By participating in the Program, you acknowledge that we are not medical doctors, psychologists, or other healthcare professionals and our services and information do not replace the care of other professionals.
(b) Reiki and other information and techniques in the Program is in no way to be construed or substituted as medical care, psychological counseling or any other type of healthcare, therapy or advice.
(c) We may provide you with information relating to products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation.
(d) We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
(e) Use of the Program is at your own risk.
(f) Any use of videos requiring physical activity are done at your discretion and we will not be held liable for any injury that could result from utilising videos.
(g) We may provide you with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. You agree that these are only recommendations and we will not be held liable for the services provided by any third-party to you.
(h) We are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
(i) Any testimonials or examples shown through our site, programs, and/or services are only examples of what may be possible for you. There can be no assurance as to any particular outcome based on the use of our programs and/or services.
(j) You acknowledge that we have not and do not make any representations as to the future result that may be derived as a consequence of use of our site, programs, products or services.
9. DATA PROTECTION.
(a) We will communicate with you using the contact details provided at purchase for the purposes of delivering and supporting your progress in the Program.
(b) You agree that we may send your personal data outside of the European Economic Area.
10. INTELLECTUAL PROPERTY RIGHTS.
(a) We are the owner of all Copyright and other Intellectual Property Rights and all other rights in the Program and all content within the Program and any other data or material used or subsisting in the Material whether finished or unfinished.
(b) You receive one license for personal use of any content provided by us.
(c) Nothing in this Agreement shall transfer ownership of or rights to any of our intellectual property to you or any other person, nor grant any right or license other than those stated in this Agreement. We reserve the right to immediately remove you from the Program, without refund, if you are caught violating this intellectual property policy.
(d) 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 contained in the Program.
(e) 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 Program for the purposes for which the Program were provided only.
(f) Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
(g) You may not without our prior written consent make any audio or visual recordings of any part of our Program.
(h) You acknowledge that certain information contained in the Program and Program materials is already in the public domain.
(i) You are not permitted to sell or promote products or services to other participants in the Program at or during any part of our Program without our prior written permission.
11. RECORDING AND REDISTRIBUTION OF CALLS.
(a) You acknowledge that group sessions and/or group calls may be recorded.
(b) You acknowledge that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by us.
12. RELEASE.
(a) We may take photographs, videos, or audio recording during the Program that we may use for future commercial or non-commercial purposes. You agree and understand that by participating in the Program, you are consenting to being recorded and photographed and to the use of your likeness, writing, and voice in any media in perpetuity by us for whatever purpose as we see fit.
(b) You agree that we may use any written statements, images, audio recordings or video recordings of you obtained while enrolled in the Program. This includes any content you may publish to social media accounts and online forums as well as any statements, images or recordings, captured about your participation in the Program.
(c) You waive any right to payment, royalties or any other consideration for our use of such written statements, images, audio recordings and video recordings and you waive the right to inspect or approve the finished product used us.
(d) We are hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, their heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of the your estates have or may have by reason of this authorization.
13. NON-DISPARAGEMENT.
(a) The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below.
(b) The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
(c) Neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, us or any of our programs, affiliates, subsidiaries, employees, agents or representatives.
14. GOOD FAITH.
(a) Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
15. DISCLAIMER OF WARRANTIES.
(a)The information, education, and coaching provided to you by us under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
16. LIMITATION OF LIABILITY.
(a) By using our services and purchasing our products and services, you accept any and all risks, foreseeable or non-foreseeable, arising from such transaction(s).
(b) You agree that we will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our products and services.
(c) You agree that use of the Program is at your own risk.
17. CIRCUMSTANCES BEYOND OUR CONTROL.
(a) If there is failure to perform, or delay in performance of any of our obligations under these terms due to circumstances beyond our control, we will not be liable for such failure.
(b) Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
(c) If any Circumstances Beyond Our Control affect the performance of our obligations under these Terms:
(d) you will be notified as soon as reasonably possible; and
(e) the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
(f) If Circumstances Beyond Our Control occur and continue for more than [30] days and you do not wish us to provide the Program, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than [30] days.
18. DISPUTE RESOLUTION.
(a) If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration.
(b) The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in the United Kingdom or via telephone.
(c) The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period.
(d) The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
19. GOVERNING LAW.
(a) This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, regardless of the conflict of laws principles thereof.
(b) If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
20. REPRESENTATIONS.
(a) You acknowledge and agree that by entering into this contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or the privacy policy.
(b) You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
(c) Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Program. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
21. ENTIRE AGREEMENT.
(a) This Agreement contains the entire agreement between the parties and supersedes all prior agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
22. MISCELLANEOUS.
(a) We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
(b) You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
(c) This contract is only between you and us. No other third person shall have any rights to enforce any terms.
(d) Each paragraph of these Terms are separate and distinct from each other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.
(e) Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
23. CONTACT US.
(a) For any questions or queries you can contact us at mitra@reikiforbirth.com.
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CONTACT
Elevate With Energy Ltd, 124 City Road, London, EC1V 2NX.
Our company registration number is 14190421 - a Private Limited Company registered in England and Wales
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