TERMS & CONDITIONS Theses terms and conditions are applicable to Courses, Workshops, Coaching and One-to-One or Private Sessions and either, attended by participants in person, or conducted online. By purchasing our Products & Services you agree to the terms stated within this document and will be held legally responsible for fulfilling all terms.
NOW IT IS AGREED AS FOLLOWS: 1 DEFINITIONS In this agreement the following expressions shall have the following meanings: 1.1 “Client” shall mean us, Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) 1.2 “Customer” or “Customers”, “Student” or “Students” shall mean you, the person, or persons, who have purchased Products & Services from Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) ; 1.3 “Course Tutor” or “Tutor” shall mean those representatives of Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) who deliver training, coaching and support to groups or individuals, as part of the Products & Services; 1.4 “Products & Services” shall mean all (and any) Courses or Workshops (online or in-person, live or pre-recorded) and Coaching (online or in-person, live or pre-recorded) provided by Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) ; 1.5 “Course” or “eCourse” or “Online Course” or “eKit” or “Workshop” or “Homestudy Programme” or “Programme” all refer to any of our study programmes, whether live or online, and they are interchangeable; 1.6 “Course Enrolment” shall mean the date upon which the Customer is sent, or granted access to, the Course; 1.7 “Coaching” is one of the Products & Services purchased by you, the customer either as part of a Course or independently; 1.10 “Student Classroom” shall mean the online resource library that you, the Student, can login to access your course materials; 1.11 “Course Description” refers to the information about the Products & Services provided by the Client which can be found on the relevant page, or pages, on the Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) website and/or in the Course FAQ or Handbook; 1.12 “Intellectual Property” shall mean all patents, copyright, trademarks, service marks, logos, registered and unregistered designs, know-how and all other forms of intellectual property wherever in the world enforceable; 1.13 “Know-how” shall mean a body of non-patented practical information, resulting from experience by the Client, which is secret, substantial and identified: “secret” means that the know-how, as a body or in the precise configuration and assembly of its components, is not generally known or easily accessible; it is not limited in the narrow sense that each individual component of the know-how should be totally unknown or unobtainable outside the Client’s business; “substantial” means the know-how includes information which is of importance for the sale of goods or the provision of services to end users, and in particular for the presentation of goods for sale, the processing of goods in connection with the provision of services, methods of dealing with the Customer, and administration and financial management; “identified” means that the know-how must be described in a sufficiently comprehensive manner so as to make it possible to verify that it fulfills the criteria of secrecy and substantial; 2 GENERAL 2.1 These Terms and Conditions shall apply to all contracts for the supply of Products & Services by Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) to its Students. 2.2 Additional terms and conditions for specific Courses may also apply which will be made clear to you when enrolling on these Courses. 2.3 All of our Course Materials, Tutor Materials and Coaching Materials are provided in English. 2.4 We reserve the right to change these terms and conditions at any time.
3 ENROLLMENT, PAYMENT, CANCELLATION & REFUND 3.1 Enrollment is not considered complete until payment has been made and has cleared. This applies even if you decide to cancel your booking or withdraw from the course. 3.2 Payments are only accepted prior to attending any classes through our payment system through via website www.ohthatglow.com. We accept payments by cash, check, credit or debit card in person prior to your scheduled class. Please note, if you do not have a PayPal account you can still make your purchase with PayPal by using your credit or debit card which is an acceptable form of payment. 3.3 Your statutory right under the Consumer Contracts Regulations allows you fourteen (14) calendar days from the date of purchase in which to make a written request for cancellation. 3.4.1 The cancellation period will expire after 14 calendar days from the date of purchase. Once you have completed your Course Enrollment or once you have been given access (login) details, your right to cancel and receive a refund is removed; 3.4.2 By purchasing a course from us you are giving your explicit consent to receive a live classroom course. This therefore means you waive your right to the 14 day cancellation period; 3.4.3 The fourteen (14) calendar day cancellation period does not apply for instant digital downloads. By purchasing an instant digital download, you waive the right to cancel and claim a refund; 3.4.4 To exercise the right to cancel, you must inform Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) of your decision to cancel in an e-mail ([email protected]) 3.5, we will reimburse to you all payments received from you for this particular purchase. We will make the reimbursement without undue delay, and not later than fourteen (1 business) day after the date upon which we are informed about your decision to cancel your class. We will make the reimbursement using the same means of payment as you used for the initial transaction. We are unable to transfer your place to another date unless there is extreme weather conditions prevent you from attending a live in-person Course you will, at our discretion, be offered another class course as a substitute.
4 COPYRIGHT AND INTELLECTUAL PROPERTY 4.1 All Materials are copyright of Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) . The ownership of the Intellectual Property belongs to Oh that Glow Essentials ( Karl & Anjulie Holdings, LLC) . All Rights Reserved. They are for personal use only and may not be reproduced, distributed or archived in whole or in part. You are not permitted to share, sell, publish, copy or otherwise distribute our Intellectual Property to any third parties or use our Intellectual Property for commercial purposes.
5 LIABILITY AND INDEMNIFICATION 5.1 Oh the glow (Karl & Julie Holdings, LLC) shall not be liable to the Student in respect of losses suffered or incurred by it, including, but not limited to loss of business, loss of opportunity, loss of profits, or any other loss or damage whatsoever, arising, directly or indirectly, from connection with Oh the glow (Karl & Julie Holdings, LLC) . This shall apply even where such a loss was reasonably foreseeable or Oh the glow (Karl & Julie Holdings, LLC) had been made aware of the possibility of the Student incurring such a loss. 5.2 The Student shall be liable for any loss, damage, injury or death caused to any party or parties resulting from its negligent acts or omissions. The Student shall indemnify (and keep indemnified) Oh the glow (Karl & Julie Holdings, LLC) against all and any claims, costs, losses, expenses, damage, injury or death suffered by the Customer and/or any other party, or parties, in relation to such negligent acts or omissions, arising, directly or indirectly, from (but not limited to) the actions of the Student, or from the Student’s involvement with Oh the glow (Karl & Julie Holdings, LLC) , or from any breach of any of Student’s obligations under this Agreement. 5.3 If, for whatever reason, any liability shall be found to attach to Oh the glow (Karl & Julie Holdings, LLC) , any damages or other sums payable, shall be limited to the amount of any fees already paid to Oh the glow (Karl & Julie Holdings, LLC) by the Customer as at the date such liability arises. 5.4 All other liability, not expressly assumed within this agreement, is excluded. 5.5 The Client and Customer hereby agree that the limitations and exclusions of liability set out in this agreement are reasonable. 6 EQUALITY &
DIVERSITY POLICY 6.1 We have a strict Equality & Diversity Policy for enrolment and never discriminate against students on the basis of gender, ethnic origin, race, religion, age, disability or sexual preference. 6.2 Bullying or harassment is not permitted and such behaviour will result in permanent suspension from Oh the glow (Karl & Julie Holdings, LLC) courses and failure of a Course.
7 COURSE CONTENT 7.1 We reserve the right to make changes to the Course which may include the date, time, tutor, venue, method of delivery or content. 7.2 Oh the glow (Karl & Julie Holdings, LLC) has taken all reasonable care in sourcing and presenting accurate information during the Course but does not warrant that the Materials will be error free and no responsibility is accepted for any inaccuracies or mistakes in the information, or loss or damage that may result from its use. 7.3 A Course may have an end date or limited timeframe in which you are granted access. Where this applies, this will be made clear in the Course Description and you acknowledge that it is your responsibility to attend the class this time. You acknowledge that occasionally technical difficulties may interrupt services or Course access. Oh the glow (Karl & Julie Holdings, LLC) will use best endeavours to resolve technical difficulties and resume normal class as soon as is possible.
8 STUDENT SUPPORT 8.1 Students who have purchased Products & Services that include support will have access to a private Facebook group. The aim of the group is to provide an interactive learning space. 8.2 Personalised or One-on-One Tutor support is not included with the Products & Services, unless otherwise specified. Please do not abuse the Facebook group by tagging Oh the glow (Karl & Julie Holdings, LLC) representatives with direct questions unless you have been given communication guidelines that confirm it is acceptable to do so. 8.4 Technical support arising from issues with our website, email, downloads or videos and related matters is unlimited. You should email [email protected] with any technical issues.
9. TERMINATION 9.1 Oh the glow (Karl & Julie Holdings, LLC) may by written notice terminate this agreement with immediate effect and without liability if the Customer shall fail to pay any amount owed; or 9.1.2 shall have been in breach of any term, express or implied, of this Agreement; or 9.1.3 shall be found to have provided information that proves to be incomplete or inaccurate. 10.2 This Agreement shall automatically terminate forthwith in the event that:- 10.2.1 the Client passes a resolution or has an Order made for its winding-up other than for the purpose of re-construction or amalgamation; or 10.2.2 a receiver or administrative receiver is appointed over all or any of the property or assets of the Client; or 10.2.3 an application is made for the appointment of an administrator (as defined in the Insolvency Act 1986) of the Client; or 10.2.4 the Client becomes unable to pay its debts within the meaning of Section 123 (2) of the Insolvency Act 1986. 10.3 Oh the glow (Karl & Julie Holdings, LLC) reserves the right to terminate this learning agreement with students who act inappropriately or otherwise bully, harass and cause offence to other students.
11 CODE OF CONDUCT 11.1 This code of conduct is part of the general terms and conditions that you accept when you enroll. 11.2 You promise to conduct yourself in a professional, respectful and responsible manner when using the student forum in any social media associated with Oh the glow (Karl & Julie Holdings, LLC) . 11.3 Students agree to behave in a professional, respectful and responsible manner during the Course. Oh the glow (Karl & Julie Holdings, LLC) reserves the right to remove you from the course without refund if your behaviour is not professional, respectful and responsible. 11.4 You agree to use the given channels of communication for Student support as outlined in the Course Description, communication guidelines and in these terms and conditions. 11.5 You agree to keep your login details safe and not to share, sell or otherwise distribute them or any Course content to any third party, or parties. 12 LAW AND JURISDICTION 12.1 The Client and the Sub-Contractor acknowledge and accept that this Agreement shall be construed and interpreted in accordance with English Law and both agree to submit to the exclusive jurisdiction of the English Courts in the event of any dispute.