TERMS AND CONDITIONS
Last updated: January 2024
1.1 These terms and conditions (“Terms”) apply to the The Energy Of Selling™ programme (“the Online Course”) provided by Catherine Morgan Limited, registered business number 137407, (“the Provider”, “We”, “Us”, “Our”) whose registered office is at Heath View, 8 Mont Es Croix, La Vert Rue, St. Brelade, Jersey, JE3 8EL to you, the purchaser of the Online Course (“the Client”, “You”) and you are deemed to accept them when you purchase the Online Course, unless we expressly agree in writing otherwise.
1.3 By purchasing the Online Course and accepting these Terms, you are agreeing that you are over 18. The Online Course is not intended for use by anyone under the age of 18.
- The Online Course
2.1 We shall deliver the Online Course with reasonable care and skill consistent with best practices and standards applicable within our marketplace and in compliance with all relevant regulations, guidance, standards and codes of conduct that apply or are relevant to the provision of the Online Course.
2.2 We shall deliver the Online Course in accordance with the details set out in Schedule 1 (attached) and in line with any timescales agreed upon, however, time shall not be of the essence for delivery.
2.3 Whilst we shall make every effort to deliver the Online Course in accordance with the details as set out in Schedule 1, we reserve the right to amend, revise or make changes, or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. We shall not be liable for any changes or cancellations that are made to the Online Course.
2.4 When you purchase the Online Course, we may provide you with materials, information, videos, resources, data and other content (“Resources”). By completing your purchase you agree and accept that all Resources remain our confidential and proprietary Intellectual Property and belong solely and exclusively to us and can only be used by you in connection with your use of the Online Course and should not be copied, disclosed or used for any commercial reason without our express consent.
2.5 The Online Course is a business-related course and is designed to be used for business purposes.
2.6 The Online Course is designed for use by a group audience and therefore any information, support and guidance provided is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.
2.7 Where the Online Course includes interactive or live sessions via video or telephone (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times, or refunds, shall be offered if you are unable to attend for whatever reason.
2.8 The Online Course is provided on an ‘as-is’ and ‘as-available’ basis. From time to time we may be required to undertake changes or amendments to the Online Course or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Online Course or our systems or processes which is caused due to routine or unexpected maintenance.
- Your Obligations
3.1 You agree to provide us with all necessary information we require in order to deliver the Online Course to you and you accept that we shall not be liable for any delay in the delivery of the Online Course caused by your failure to comply, or delay in complying, with this clause 3.1 or any other provisions within these Terms.
3.2 You accept that as part of your participation in the Online Course that you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to the Online Course or any other services provided by us.
3.3 You accept that access to the Online Course is not a substitute for counselling or other therapy services. In the event that you are undergoing medical or other professional help concerning your mental health or wellbeing then you should inform your practitioner of your intention to access the Online Course and inform us if appropriate and relevant.
3.4 Where the Online Course includes group Sessions on Zoom, access to a private facebook group or other private group or members area, you agree:
3.4.1 to act in a reasonable and responsible manner at all times when accessing the private groups or areas or during any Sessions and not to act in a manner which may cause offence, distress, or alarm to any of our other clients, group participants or group members accessing the Online Course and/or Sessions; and
3.4.2 not to canvass, promote or advertise your products or services to any of our employees or contractors or any other Online Course participant or individual accessing the Online Course, or use your participation in the Online Course or access to the Online Course to canvass, promote or advertise your products or services without our express consent.
3.5 You agree and accept that during your access to the Online Course, and for a period of 24 months afterwards, that you shall not solicit any of our clients or prospective clients without our express consent, such consent not to be unreasonably withheld.
3.6 Where the Online Course includes access to a private area and/or you are required to set up an account it shall be your responsibility to:
3.6.1 provide the correct information to set up your access to the private area or create your account; and
3.6.2 keep your password or any other access information private, safe and secure; and
3.6.3 to notify us should you become aware of, or suspect that a third party is aware of your password or access details.
3.7 When accessing the Online Course and/ or any private areas, you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests the vulnerability of any of our systems or processes.
3.8 In the event you are deemed by us to be in breach of this Clause 3 then we shall be entitled to suspend your access to the Online Course and any associated Sessions, groups or private areas. Following such suspension, we shall arrange a meeting with you to discuss the matter and to determine whether access will be removed permanently. All decisions shall be at our absolute discretion and no refunds shall be provided where we decide to permanently remove access.
- Payments Terms
4.1 The cost for the Online Course (“the Course Fee”) is as set out in Schedule 1.
4.2 The Course Fee shall be paid by you in GBP by an online payment processor and is calculated inclusive of any relevant taxes.
4.3 The Course Fee is calculated based on our knowledge, experience and the time, preparation, effort and availability of the Online Course and is not based on your actual usage and/or level of attendance or participation. On this basis you agree and acknowledge that the Course Fee and any other payment you provide to us is non-refundable unless the following circumstances apply:
4.3.1 we cancel delivery of the Online Course (as set out in clause 7.3 ), in which case you shall be entitled to a partial refund for any part which you have paid for but have not yet received access to; or
4.3.2 you cancel your purchase of the Online Course within the 14-day cancellation period (as set out in clause 7.1), in which case you shall be entitled to a full refund of the Course Fee which has been paid to us.
4.4 Payment of the Course Fee shall be made without deduction, set off or any form of withholding, except as is required by law, and time shall be of the essence in respect of the payment of the Course Fee or any installment of the Course Fee.
4.5 Cleared payment of the Course Fee must be received by us before you are entitled to access the Online Course.
4.6 Where you wish to make payment of the Course Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Online Course then you agree to be responsible for payment of the Course Fee within 7 days from access to the Online Course being provided.
- Late Payment
5.1 You are responsible for ensuring that payment of the Course Fee or any instalment of the Course Fee (if applicable) is paid in full and on time in accordance with the payment terms set out in Schedule 1.
5.2 If payment of the Course Fee or any instalment of the Course Fee is beyond 7 days overdue, then we shall be entitled to any or all of the following remedies:
5.2.1 to withhold access to the Online Course (including Sessions and Resources) and to remove you from any groups or private areas provided as part of the Online Course until payment has been made in respect of the full outstanding amount; and
5.2.2 to apply a fixed sum charge in the sum of £150 to your account; and
5.2.3 to apply interest to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. Interest will be calculated on the outstanding sum at a rate of 8% over the Bank of England’s base rate from time to time.
5.3 In the event payment is more than 30 days overdue, we shall be entitled to instruct a collection agent or solicitor to seek recovery of the outstanding sum, along with any late payment fee and any accrued costs incurred in taking such action.
- Complaints or concerns
6.1 You agree that in the event you have any concerns as to any aspect of our delivery of the Online Course that you will notify us of such concerns by email to email@example.com as soon as possible. We agree that, upon receipt of such notification by email, we shall use reasonable efforts to work with you to resolve your concerns.
6.2 If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
6.3 We reserve the right to vary or re-perform any services provided where we consider a concern is justified and in such case these Terms will apply to any re-performed services.
6.4 Nothing in these Terms affects any statutory rights that may apply to you.
- Cancellation and Termination
7.1 We want you to be entirely satisfied with the Online Course. If you no longer wish to have access to the Online Course then you can cancel your access by providing notification by email to firstname.lastname@example.org.
7.2 Upon receipt of your notice of cancellation:
7.2.1 If you have provided your notice of cancellation within 14 days from the date of your purchase then we shall cancel your purchase and provide you with a full refund of any Course Fee you have paid to us; provided you have not accessed any of the course material via the online platform.
7.2.2 if you have provided your notice of cancellation more than 14 days from the date of your purchase of the Online Course then we will cancel your access to the Online Course but no refund or partial refund will be provided and you will remain responsible for the remaining payments of the Course Fee. This does not affect your statutory rights.
7.3 We may terminate your access to the Online Course where we discover an error with the Online Course description or price, where we are unable to deliver the Online Course to you for any reason, or where we feel that the Online Course may not be right for you, such decision to be entirely at our discretion. In such circumstances, we will provide you with notice in writing and where we have not already provided you with full access to the Online Course, we will provide you with a pro-rata refund in accordance with clause 4.3 above.
7.4 We reserve the right to terminate your access to the Online Course, with immediate effect and without refund of any payment, whether paid or remaining due, by providing written notice in circumstances where you have, or where we reasonably consider that you have:
7.4.1 committed a material breach of your obligations under these Terms;
7.4.2 failed to provide payment of any amount due in respect of the Course Fee as and when it becomes due;
7.4.3 acted or behaved dishonestly, fraudulently, or in a way which may have a detrimental effect on our business or reputation;
7.4.4 failed or are failing to positively engage with the Online Course, or where you are acting in a way which is abusive or intended to cause offence to us or any of our employees, agents, contractors or any other individual or business accessing the Online Course;
7.4.5 become subject to a bankruptcy, insolvency or similar financial order or proceedings affecting you personally or your business, where applicable;
7.4.6 are subject to any of the circumstances that arise as set out in section 3.
7.5 Upon termination, for any reason then:
7.5.1 your access to the Online Course, any groups, any private areas and any Resources will be removed, unless we agree in writing otherwise. We will not be liable to you for any claims relating to the removal of any access
7.5.2 any payments which you owe to us will become immediately due and payable;
7.5.3 you shall cease to use, either directly or indirectly any Confidential Information received as part of the Online Course, and shall immediately return to us or destroy any documents, materials or resources in your possession or control which contain a record of any Confidential information.
7.6 Any provision of these Terms which either expressly or by its nature relates to the period of time after termination shall remain in full force and effect.
7.7 Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.
- Confidentiality and Data Protection
8.1 In order to benefit fully from the Online Course you accept that in some cases you may be encouraged to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential Information”) that you may disclose to us or that may be disclosed as part of the delivery of the Online Course.
8.2 Confidential Information for the purposes of these Terms excludes any information that:
8.2.1 was already known to us prior to being provided with that information by you;
8.2.2 is already accessible in the public domain;
8.2.3 is provided to us by a third party separately and without any breach of these Terms; or
8.2.4 is produced, developed or collated by us independently of you and without any breach of these Terms.
8.3 When you purchase the Online Course, we shall grant to you a personal, limited, non-exclusive, non-transferable, revocable licence to access, view and use any Resources provided as part of the Online Course solely for your business purposes and for the purposes intended by these Terms. All other uses are strictly prohibited.
8.4 Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR. Personal data for the purposes of these Terms means any information which is capable of identifying another individual, as further defined within the UK GDPR.
8.5 We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Online course and shall retain it only for as long as reasonably necessary in connection with the delivery of the Online Course and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.catherinemorgan.com
8.6 We agree not to disclose any Personal Data to any third party other than our employees, agents or advisors and shall ensure that any such persons agree to process the data in compliance with the relevant data protection legislation. We confirm that we have put in place reasonable technical and organisational processes and measures to ensure the safety and security of any Personal Data processed by us on your behalf.
8.7 In the event you choose to share comments, information, content, photos, graphics or images (“Content”) with us then in doing so you are granting to us, free of charge, permission to use your Content in any way as part of our business services. Such uses shall include advertising and marketing.
8.8 Where you choose to share your Content with us, as defined above, you confirm that you have the legal right to share that Content and that it does not infringe any third party’s Intellectual Property or other rights.
8.9 Our obligations set out above, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because there is a safeguarding issue or concern.
- Intellectual Property
9.1 For the purposes of these Terms, Intellectual Property means all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know-how, trade names, business names, trademarks, passing off rights, patents and rights in designs.
9.2 By purchasing the Online Course you hereby agree and undertake that from the date of purchase:
9.2.1 not to infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights;
9.2.2 that any Confidential Information disclosed by us is confidential and proprietary and belongs solely and exclusively to us;
9.2.3 not to disclose such Confidential Information to any other person or use it in any manner other than in discussions as part of the provision of the Online Course;
9.2.4 that all materials, Resources, information and any data provided by us is our confidential and proprietary Intellectual Property and belongs solely and exclusively to us, and may only be used by you as expressly authorised by us; and
9.2.5 the reproduction, distribution, broadcasting, transmission and/or sale of any information, Resources or materials provided during provision of the Online Course or at any time thereafter by anyone but us is strictly prohibited.
You agree that in the event of any breach of your obligations contained within these Terms, then damages, loss or irreparable harm may arise and that in such circumstances we will be entitled to seek relief, including injunctive relief against you.
- No Guarantee
10.1 You accept and understand that purchasing the Online Course does not guarantee results or success. As part of the Online Course, you will have access to information, resources, people and support all designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/or skills or tools shared.
10.2 You agree and understand that use of and access to the Online Course does not guarantee any particular benefit, results, or success, whether financial or otherwise. We have made every effort to accurately represent the Online Course and all Resources and services included. Any testimonials and/or examples of results achieved or previous clients’ experiences, including the potential to achieve specific financial results, are not intended to represent or guarantee that you will achieve the same or any similar results or experience. Any reference to earnings or income is an estimate only and no guarantee that you will achieve any particular level of income or business success. Any examples of past achievements or business success, including any financial results, do not indicate, suggest, or guarantee that the same is possible in the future and on this basis we make no guarantee, representation or warranty with respect to the Services provided.
10.3 Any information or content provided on our Website or provided to you during delivery of the Online Course is not intended to constitute advice and should not be relied upon when making any decisions or taking any action.
11.1 Your purchase of the Online Course and compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.
11.2 We do not warrant or guarantee that your access to the Online Course will be:
11.2.1 accessible via your particular hardware or software;
11.2.2 free from interruptions or errors;
11.2.3 free from defects;
11.2.4 suitable for your particular business situation or circumstances.
11.3 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
11.3.1 any indirect, consequential or special damages, losses or costs;
11.3.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
11.3.3 any failure to deliver the Online Course where we are prevented due to a reason beyond our reasonable control; or
11.3.4 any losses arising from your choice of Online Course or your use of the Online Course once delivered.
11.4 You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
- a) any of these Terms;
- b) your participation in any way in the Online Course or any of our other services.
11.5 In the event you incur damages as a result of our default or breach, our entire liability to you under these Terms is limited to the amount of the Course Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 11.5 is fair and reasonable in the circumstances given the nature of the arrangement between us and the Online Course.
11.6 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
11.7 During the term of your access to the Online Course and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
11.8 In the event a dispute arises in connection with these Terms and the provision of the Online Course which is incapable of being resolved following our complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a qualified independent mediator. In the event a resolution is still not possible following mediation then either party shall be at liberty to commence legal action.
12.1 In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
12.2 All titles and headings used within these Terms are for reference purposes only.
12.3 We shall be entitled to transfer any of our rights and obligations under these Terms at any time, without notice.
12.4 Every effort will be made to deliver the Online Course in accordance with these Terms but we shall not be liable for any delay or failure in provision of the Online Course where we are prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Flood, Accident, Pandemic, Epidemic, Lockdown, Delays in Transit, any act or omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond our control. In such circumstances time of delivery shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will we be liable for any loss or damage you may suffer as a result.
12.5 No failure or delay in exercising a right under these Terms shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
12.6 These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
12.7 Where we deem it necessary to vary or modify these Terms (other than the Course Fee) then we shall notify you of any changes by email and your continued use of the Online Course will be deemed as your acceptance of any changes.
12.8 The Contracts (Rights of Third Parties) Act 1999 shall not apply.
Schedule 1: The Energy Of Selling™ Course
These supplemental terms and conditions apply to The Energy Of Selling™ Online Course (“The Energy Of Selling™ course”) and shall apply in addition to the Terms set out above.
The Online Course details
The Energy Of Selling™Online Course is a self-study course with 6 x online LIVE group training sessions lasting 90 minutes, designed to help you master the art of selling, attracting more aligned clients and converting sales more consistently. It is focused on mindset and energetics management.
Subject to the payment terms being met, The Energy Of Selling™ Online Course shall be delivered as follows:
– Lifetime* Access to 6 digital modules in The Energy Of Selling™ Online Course Resources stored in Kajabi (*lifetime being for the period of time the Online Course is available to purchase via our website.)
– Access to 6 x fortnightly LIVE 90-min Group coaching with Catherine Morgan via Zoom
– If Paying in Full at the start of the course you qualify for 1 x personalised 60 Minute 1:1 with Catherine Morgan. This needs to be taken by 1st June 2024. We will email you with dates to book and it is your responsibility to ensure this is booked. No alternative dates beyond this date will be available. No rearrangements or cash alternatives will be available.
– If you have been given complimentary access to this programme as a student in Wealth Evolution Mastermind, your complimentary access will end immediately when your Wealth Evolution Mastermind contract ceases. Full standard rate payment will be required for you to rejoin.
– If purchased as part of the Wealthy Woman Live Event held on 26th and 27th January 2024 (or otherwise agreed in writing by the ‘Company,’ you will be eligible for Personalised Feedback on Your Selling Skills and Lead Generation Strategy from Catherine.
You will be required to hold a discovery call with one of your existing clients or new ideal client, record it and submit to us using WeTransfer. Catherine will review this and provide you feedback in the form of a Loom video lasting a minimum of 15 minutes including her feedback on your sales skills and room for improvements.
You will be required to submit this to us by email at email@example.com by 13th May 2024. Feedback will be provided by 24th May 2024
Failure to provide this by this deadline will result in a forfeit of this bonus. No alternative will be offered.
– A pre-recorded 30-minute video training: ‘How to create high converting content campaigns in 60 mins a week’
– A pre-recorded 45-minute video training ‘How to find, convert and keep clients’
-A pre-recorded 45-minute video training on ‘How to create more demand in your business with less clients’
-A pre-recorded 15 15-minute video training on ‘How to map out your marketing campaigns to sell out your offers and hit your revenue targets’
– Access to email support 9am – 5pm Monday to Friday. All emails will be responded to within 72 hours.
The Energy Of Selling™ Online Course Fee
The Course Fee for The Energy Of Selling™ Programme is as follows:
There are three potential payment options for this Course (offered at different times of the year).
One-off Pay in full, 3 x consecutive instalments, 6 x consecutive instalments
One-off Pay in full fee = £3997
Pay in 3 x consecutive instalments fee = 3 x £1466. The 1st payment is due immediately upon joining and 2 consecutive monthly instalments thereafter.
Pay in 6 x consecutive instalments fee = 6 x £766. The 1st payment is due immediately upon joining and 5 consecutive monthly instalments thereafter.
If you choose to make payment of the Online Course Fee by instalments then you remain responsible for payment of the Online Course Fee until the Course Fee has been paid in full. If an instalment payment is missed, the full outstanding amount of the Course Fee will become payable immediately.
Where you choose to provide payment of the Course Fee by instalments, then your payments will be due in accordance with the instalment plan option you select at the time of purchase.
All payments are non-refundable.
No VAT is payable on any payments to us.
Your bonuses upon joining will be outlined to you in your Welcome email and available for access in your online portal by the end of the programme which is 24th May 2024. If you do not agree with the bonuses that you qualified for, you may email us within 7 days of receipt of this email to clarify after which these are final