Terms and conditions of Carnelias membership
OUR AGREEMENT
These Terms supplement the agreement made between us when you entered into a free trial or purchased a subscription to the Carnelias community.
Your access to the site begins when you sign up for your free trial and is secured beyond 7 days when payment is received.
The agreement is between us and you. You may not share or transfer content from our website with anyone else without written consent.
EXPECTATIONS
The site description and objectives can be found online. The Description is a general statement of the site’s content, intentions and objectives. We may vary the site content to respond to member feedback and such changes will not be a breach of our agreement with you.
The site is designed to help you do the work you need to achieve your goals. If you do not do the work, you are unlikely to achieve your objectives.
The site is for informational purposes only. It does not and is not intended to provide specific medical, legal, commercial, financial, tax or other professional advice. If Carnelias staff are concerned about your welfare or safety, they have a duty of care to refer you to the appropriate medical or social support services.
If you are in breach of these Terms or the rules of the site, we reserve the right to suspend or terminate your membership without compensation or a right to substitution, and without prejudice to other remedies we may have.
YOUR RIGHTS AND RESPONSIBILITIES
As you are paying for yourself and not through an organisation or business, you have statutory consumer and cancellation rights (see clause 5e below.)
You are responsible for your own physical, mental, and emotional wellbeing, and for your decisions, choices, actions and results.
You agree to use good judgement and seek advice from suitably qualified professionals before taking action as a result of consulting this site.
It is your responsibility to make sure that you have adequate computer equipment, broadband/wi-fi to access the site.
You must ensure that you have adequate virus and malware protection before accessing our systems.
You are responsible for keeping your log-in/links/access/downloads safe and secure.
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.
You will not seek to promote any goods/services to any member that you come into contact with on the site, nor make contact with them unless they have agreed to this; initial contact must be made via the site’s messaging system.
BUSINESS CONTINUITY AND RESILIENCE
We may change the platform, server or other methods of accessing the site at our discretion.
PAYMENTS
Access to the site lasts for as long as you pay for membership. One month’s notice is required to end your membership.
Programme charges are due after your seven day free trial ends and will then be taken every agreed billing period unless you choose to cancel your membership.
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.
You are responsible for keeping a current credit card on file with us so that your agreed billing period payments can be made. If your card on file ever declines, you agree that on providing us with new credit card details we can charge the card for all overdue payments.
Unless this work is funded through your employer or business, you are a ‘consumer’ and have the right to cancel this contract with us within 14 days of you agreeing to it. If you want to cancel, (a) let us know in writing in that time by emailing lucy@carnelias.com; (b) we will refund any money you have paid.
RIGHTS TO USE / COPYRIGHT
Intellectual property (IP) rights in all Materials produced by us and/or presented on the site are and shall remain our absolute property.
You may use Materials provided by the site only for your own private use to support your personal development. You must not disclose or use the Materials without our permission for any other purpose.
Please be clear: you do not have the right to re-use or publish or adapt any part of any Materials, nor to disclose those Materials to anyone. If you want to do any of these things, you need our written consent before you do it.
If someone else is using your site access you will pay us an additional full membership fee for each additional user regardless of how much of the site 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.
Participation in the site 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 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.
We may record and monitor any comment threads, blogs and other areas of the site. We may publish the edited highlights, though users will not be identifiable other than via their site username. You agree that all IP Rights of any nature in the site contents belong exclusively to us. You waive all moral rights defined in English law in the Copyright, Designs and Patents Act 1988 (as amended, re-enacted or replaced) and parallel rights in other jurisdictions with respect to your contributions and agree to grant us an irrevocable perpetual royalty-free licence to publish and use them.
You may not photograph, screenshot, record, or video any site content unless this is agreed in writing in advance. If recording is agreed, the content delivered by us that is captured by you or on your behalf will remain our absolute copyright and your using it may be subject to a repeat fee or licence fee.
POLICIES AND PROCEDURES
Resolving problems: If there is anything about the site that is not going as you want, or if you have any query or complaint, speak to us straight away.
CONFIDENTIAL INFORMATION
Your information and our confidentiality: We will only use or disclose your Confidential Information if we are required to disclose it by law. We may keep some Confidential Information to keep a record of your site usage and what we did for you.
DATA PRIVACY
We will process your own Personal Data in line with our Data Privacy Policy. A link to our Data Privacy Policy can be found on our website.
WARRANTIES AND LIABILITY LIMITATION
Force majeure: We will not be liable for failure to provide Services where it is not reasonably practicable to do so due to circumstances beyond our control.
All Materials are created on the basis of our experience and knowledge. Much of the advice that we and other users post on the site will contain content that disagrees with other organisations’ outputs. It is your responsibility to determine whether to act upon any of the content or seek further advice before doing so.
Our site materials, other than user generated content, are written to share information and improve your knowledge and ability to set and achieve your life goals. We cannot promise you any specific outcome(s) as a result of membership of the site.
Limitation of liability: There shall be no personal liability of any of our principals, directors, partners, employees, agents or sub-contractors, or your fellow members, arising in any way out of the use of our site.
We shall have no liability for any indirect or consequential losses or expenses suffered by you, however caused, including but not limited to loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
Our aggregate financial liability to you shall in no circumstances exceed the fees paid for your membership which gives rise to such liability.
Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us or others where liability cannot legally be excluded or restricted.
We do not warrant that our web site will be available at any particular time or location; that any defects or errors in the site content will be corrected; or that the Materials are free of viruses or other harmful components.
TERMINATION
Termination of your membership of the site, whether by you or by us, 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 these Terms.
DEFINITIONS, INTERPRETATION AND LAW
In these Terms, the following words or phrases have the meaning set out below.
“Confidential Information” all information:
that we discover because of or through our connection with you; and
which is about or relating to you or your business (including financial information, products, services, service levels, customer satisfaction, proposed services and products, pricing, and margins) or your people (including your directors or partners, investors, staff, suppliers, customers, clients, prospects and contractors).
However, “Confidential Information” does not include information that is openly published by you, or information that is publicly available without breach of our confidentiality obligation.
“Description” the description of the Programme content, conditions, qualifications and exclusions set out on our website or landing page or other publicity material through which you purchased the Programme.
“including” the word “including” shall not imply any limitation on the generality of the concept or thing of which examples are being given.
“Materials” means written, audio and visual materials used or produced or presented on the site, including handouts, factsheets, videos, questionnaires, games, case studies, explanatory material, notes, calculations, specifications, reports, designs, drawings, flow charts, plans, reference material, prototypes.
“Member” means any individual who is on a free trial or purchases membership of our site.
“IP Rights” includes:
intellectual property rights including (but not limited to) copyrights, patents, registered designs, design rights, trademarks, service marks, and
the right to apply for or register any such protection, and
all rights relating to trade secrets and other unpublished information.
“You” refers to the individual purchasing the membership or on whose behalf the membership has been purchased.
“We” and “us” refers to the person, firm or organisation providing the site and membership.
No waiver: If we or you delay or fail to enforce any of these Terms on any occasion, that will not affect or limit our or your ability to enforce that term on any other occasion or at any time.
Severability: If any provision of these Terms is unenforceable or invalid, words shall be struck out to the minimum extent necessary to make the provision enforceable and this shall not affect the enforceability of the other provisions of our contract.
Law and jurisdiction: This Agreement is governed by the law of the country/state where we are based (as described on our website) and is subject to the exclusive jurisdiction of the courts of that country/state.