The Certificate in Responsive Sleep Training Programme Agreement
1. Parties
1.1. This Agreement between Lavender Blue Sleep Consulting Ltd, a company
incorporated in England and Wales under number 15088215 whose registered office is
at 3 Bradmoor Grove, Chellaston, Derby, England, DE73 6QS (the Provider) and you
(the Client).
1.2. References to “we”, “us” or “our” relate to the Provider. References to “you”, “your” or
“participant” refers to the Client.
2. The Programme
2.1. The programme is The Certificate in Responsive Sleep Training, which includes a CPD
accredited Certificate in Responsive Sleep Training (the Programme). Further details
on the services to be provided are at clause 3 below.
2.2. We may vary the Programme content to respond to participant feedback and such
changes will not be a breach of our agreement with you.
2.3. The Programme will be provided with reasonable skill and care, however, in the event
of any query or complaint in connection with us, please email
daisy@lavenderbluesleepconsulting.com.
2.4. The agreement is between us and you. You may not share or transfer the Programme
access or Materials with anyone else.
3. Term and Service Provided
3.1. The term will be 24 (twenty-four) months from the date of the payment in full or where
you are paying by instalments, the payment date of the first instalment. After the Term
expires you may be offered further services.
3.2. The Programme includes the following services (the Services):
3.2.1. CPD accredited course in Responsive Sleep Training;
3.2.2. 6 additional business modules; and
3.2.3. Group support.
3.3. You must complete all CPD requirements including completing all modules and case
studies, and successfully pass any assessment to be awarded the Certificate in
Responsive Sleep Training. You acknowledge that these requirements are regulated
by The CPD Certification Service and outside of our control. You acknowledge you
have been provided with the CPD Code of Ethics.
3.4. The Programme will be delivered online. You acknowledge that the Services set out at
3.2.1 and 3.2.2 above are self-study modules. You have the length of the term to
complete the Programme. After which your access to the Programme will be removed.
3.5. It is at our discretion who delivers the Programme, and we may from time-to-time be
required to substitute a Programme leader. It is at our discretion how the group support is facilitated, through the Term the delivery of the group support may be subject to change. You agree that any such change would not constitute a breach of the Agreement. There may be occasions out of our control, where a session needs to be cancelled or postponed, wherever possible these will be rescheduled.
3.6. Any bonuses offered at the point of purchase or subsequently may be subject to
additional terms and conditions.
3.7. You acknowledge that implementing the training and information provided through the
Programme is exclusively your responsibility.
3.8. You understand that in order to enhance the working relationship, you agree to
communicate honestly, be open to feedback and assistance and to create the time and
energy to participate fully in the Programme.
3.9. We make no guarantee as to a particular result that you may wish to achieve under
this agreement, representations or warranties of any kind or nature, expressed or
implied with respect to the services delivered under this agreement.
3.10. The Programme does not and is not intended to provide specific medical, legal,
commercial, financial, tax or other professional advice.
3.11. If you believe that there is an issue with the Services, you will immediately
communicate that to us and both will take action to address the situation.
3.12. It is your responsibility to make sure that you have adequate computer equipment,
broadband/wi-fi and time to access the Programme.
3.13. You must ensure that you have adequate virus and malware protection before
accessing our systems.
3.14. You are responsible for keeping your log-in/links/access/downloads safe and secure.
3.15. You must not do anything to interfere with the running of our website(s) or platforms,
not attempt to gain access to any parts of our site(s) to which you have not been
granted access.
3.16. You will not seek to promote any goods/services to any Participant that you come into
contact with during the Programme nor make contact with them unless they have
expressly invited you to do so during shared sessions and they have shared their
contact details with you.
4. Cancellation and Refund Policy
4.1. If we are unable to provide the Services, training or Programme as advertised, for
reasons beyond our control, we will notify you as soon as possible. We will always
endeavour to offer an alternative date or training to the same value.
4.2. If you have entered into this Agreement remotely, such as online or by telephone, you
have a right to cancel this Agreement within 14 days from entering into the Agreement
and are entitled to a refund of any amounts paid (Cooling Off Period). You must email
daisy@lavenderbluesleepconsulting.com and confirm your instructions to cancel this
Agreement within the 14 days. Where you have accessed any of the Services and/or
Materials within the 14 day period you waive your right to a refund. This clause does
not apply if you have entered into this Agreement at an in-person event.
4.3. Notwithstanding clause 4.2, you otherwise have no right to a refund. This does not
affect your Statutory Rights as a consumer.
4.4. Where a refund is applicable or granted, we will refund money using the same method
used to make the payment, unless we have expressly agreed otherwise.
5. Payment
5.1. You agree to pay the Programme Fee as advertised.
5.2. Payment in full or for the first monthly instalment must be paid prior to the
commencement of the Services.
5.3. If one monthly instalment that is due, is missed, the remaining balance and all future
instalments become payable, and we are entitled to issue an invoice for full payment.
5.4. If you have accessed Material, even by just logging in, this will have started your
Programme so you will owe us the payment(s) in line with your original purchase.
5.5. If the Programme provides payment by instalment, late payment will result in access to
the Programme being suspended.
5.6. Suspension from a Programme will not cancel the obligation to pay for the remainder
of the Programme.
5.7. If you are paying in a different currency to the one we are selling in, your card provider
or equivalent will apply their own exchange rates at the time of purchase. This will
fluctuate and the exact amount you pay in your own currency is beyond our control.
5.8. If we offer a payment or instalment plan for the Programme, you are responsible for
keeping a current credit card on file with us until your payment obligations have been
met. If your card on file ever declines, you agree that by providing us with new credit
card details we can charge the card for all overdue payments.
5.9. We reserve the right to charge interest on overdue amounts at the rate of 8% per
annum above the Bank of England base rate. Your subsequent payments will be
applied to interest and finance charges first, and then applied to fees/costs
outstanding.
6. Confidential Information and Privacy
6.1. All information discussed during the Programme will remain confidential, unless your
expressed consent is given to share any information.
6.2. Since certain privileged information may be discussed during the Programme and
other associated event or training, it is important that you help us maintain your privacy
and confidentiality and those of other participants by acknowledging and agreeing:
6.2.1. That the information discussed by other participants may be private or
confidential; and
6.2.2. Not to directly, or indirectly communicate or disclose (whether in writing, orally,
or in any other manner) any information that is stated by a participant to be confidential, if disclosed within the Programme or any other associated event or training.
6.3. We may hold and store your personal data (including your name, email address, postal
address, photograph, and credit card (under certain circumstances)) to (i) pay for
services, (ii) provide detail of our other services to you or (iii) to complete internal
administration related to you.
6.4. We may contact you (by mail, email, telephone, SMS or via the internet) in relation to
the Service or other events, products or services in which you may be interested. If
you wish to opt-out of such communications, please write to us at
daisy@lavenderbluesleepconsulting.com.
6.5. We may photograph or film during the Programme, associated events and/or trainings
and our lawful basis under the GDPR is our legitimate interests for the purposes of
promoting future events and growing our business. This will not affect your individual
rights. In the event that you do not wish to be photographed or filmed during the event
please make it known to a member of the team, and we will do our best to
accommodate your request.
7. Intellectual Property Rights
7.1. You acknowledge and agree that:
7.1.1. All materials relating to us, whether presented before, during or after you enter
into this Agreement or any other associated event or training, including within the Programme, are part of our “intellectual property rights”, which includes registered and unregistered rights in any copyright, patents, know how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights;
7.1.2. You will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing, nor disclose to anyone else, in whole or in part, any Materials, except without our prior written consent;
7.1.3. You may use Materials only for your own participation in the Programme and
for private use to support your learning from that Programme. You must not disclose or use the Materials without our permission for any other purpose;
and
7.1.4. Nothing in this clause creates a right for you to use our Materials as you see
fit and we reserve the right to refuse such permission and/or consent.
7.2. Further to the inherent intellectual property rights, you shall not create any derivative
work based on our Programme and you shall not create any competing Products or
services based upon information from this Programme for the duration of the Term and
for 18 (eighteen) months from the end of the Term.
7.3. If someone else is using your Programme access or Materials you will pay us an
additional full Programme fee for each additional user regardless of how much of the
Programme they have accessed. This does not mean we give you consent to do so,
but is a notice of part of the costs you will bear if you do – you will also be liable for our
investigation, legal and other costs, and other loss and damage we may lawfully claim
from you.
7.4. Where the Programme involves you posting material or comments into a group
environment, you must ensure that you are not breaching any third-party rights in your
postings. You must not make any slanderous or defamatory statements, or bully or
harass anyone or breach our Group rules. You cannot be “off the record” in any group
sessions. You will indemnify us against all costs, expenses and damages we suffer if a
claim is made against us arising from your breaches of this provision.
7.5. Intellectual Property Rights in all Materials produced by us and/or presented in the
Programme are and shall remain our absolute property and this clause 7 will survive
the termination of this Agreement.
8. Limitation of Liability
8.1. You confirm that the following statements relating to your health and wellbeing are true
and accurate and if at any time during any event or training you become distressed,
issues arise, or those statements become untrue, we ask you to immediately inform a
member of our team:
8.1.1. You are over 18 years of age.
8.1.2. You are participating in the Programme of your own free will and accept
total responsibility for your physical and emotional wellbeing at all times,
and you are in good emotional, mental and physical health.
8.1.3. You are not under the influence of any drugs or alcohol.
8.1.4. You are not taking any medication (whether prescribed or otherwise) or undertaking treatment for any mental health or psychiatric illness from any medical practitioners, health practitioner, counsellor or psychotherapist. If you are taking medication, you declare that you have seen a medical practitioner and you have been advised that any participation in the Programme will not cause you harm of any nature.
8.1.5. You understand that training and hot-seat calls may contain strong language, video displays and audience participation.
8.2. To the maximum extent permitted by law, our aggregate liability arising out of or related
to the Programme, the Services or this Agreement, whether in contract, personal
injury, damage to belongings or otherwise shall not exceed the amounts actually paid
by you for the Programme.
8.3. To the maximum extent permitted by law, we will not be liable to you in any way for: (i)
any cost, loss of income, or for any loss or damage; or (ii) any event that we cannot
reasonable control, and which would have been unavoidable (despite reasonable
commercial efforts to prevent the event happening) or resulting from us complying with
any relevant requirement under any law or regulation to which we are subject.
8.4. In no event shall we be liable to you for any indirect, consequential or special
damages. Notwithstanding any damages that the you may incur, our entire liability
under this Agreement, and the your exclusive remedy, shall be limited to the amount
actually paid by the you under this Agreement for all services rendered through the
term, in as far as permitted by law.
8.5. Nothing in this Agreement shall be taken to exclude any liability of either party for
death or personal injury caused by its negligence or any fraudulent misrepresentation.
9. Termination
9.1. If payment is not received as agreed, the Services may be suspended until the breach
is rectified. We reserve the right to terminate this Agreement for non-payment.
9.2. If you breach the Agreement and either the breach cannot be rectified or has not been
rectified within 21 days, we have the right to terminate this Agreement.
9.3. Otherwise the Agreement will terminate once the Term has expired.
9.4. Termination of your participation in the Programme, whether by you or by us or by the
Programme coming to an end, shall not affect rights and obligations already accrued
prior to termination, and shall not undermine the continued enforceability of the
confidentiality and intellectual property obligations set out in this Agreement.
10. General
10.1. This agreement is not enforceable by any third party (whether under statute or
otherwise).
10.2. Any notices under this Agreement shall be via email or in writing to the email address
provided by the other party.
10.3. This Agreement is the entire Agreement between the parties in relation to its subject.
No other terms apply, save where explicitly indicated within this Agreement.
10.4. You are not permitted to vary this Agreement. We may from time-to-time amend,
update or vary this Agreement and we endeavour to give you reasonable notice of the
same.
10.5. The unenforceability of any part of this Agreement will not affect the enforceability of
any other part.
10.6. Unless otherwise agreed, no delay, act or omission by either party in exercising any
right or remedy will be deemed a waiver of that, or any other, right or remedy.
10.7. This Agreement and any issues arising out of, or connected to it, are governed by
English law and subject to the courts of England and Wales.