Agreement to Terms
Please read these terms and conditions carefully as they set out the terms under which www.nicolegayle.com (the “Website”) sells and otherwise makes products available to you (“Terms and Conditions”). This website, www.nicolegayle.com is run and maintained by Nicole Gayle Coaching (Nicole Gayle Coaching), a company registered in Canada. Our email address is [email protected]
These Terms and Conditions should be read alongside, and are in addition to, our Website Disclaimer and privacy policy (“Privacy Policy“).
We recommend that you print off and keep a copy of these Terms and Conditions for your future reference. By using and purchasing any product available on this Website, you agree that you have read, understood and agree to these Terms and Conditions and the Privacy Policy in their entirety (including as amended from time to time). If you do not agree to these Terms and Conditions, you must not use or purchase any product available on this Website.
- Definitions
“Confidential Information” means the information provided by one party to the other in writing, graphic, recorded, machine-readable or other forms concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Nicole Gayle Coaching to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Nicole Gayle Coaching for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Coaching sessions and/or the Course Materials and/or the Healing Program together with such other services as agreed from time to time and purchased by you through the Website.
“Website” means www.nicolegayle.com.
“You” means the individual purchasing the Services.
- The Services
2.1. Nicole Gayle Coaching provides business coaching, healing program and mentoring services (the services), in the form of face to face, remote and online training sessions and the sale of digital products such as online courses (digital products) which may be purchased through the site. These Website Terms and Conditions (terms and conditions) cover the terms on which you may use the site. By using this site you accept that you are bound by these terms and conditions. If you do not accept them, please do not use the site.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of our Services.
2.4. We may update and improve our provision of the Service from time to time without notice to you. If we change the Service in a manner that materially changes the content, we will inform you in writing via the email address associated with your account
- Your obligations when using this Website
3.1. By using this Website, you confirm that you are aged 18 or over.
3.2. You agree to use this Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of this Website.
3.3. You may download and print content from this Website solely for your own personal use. However, you must not copy, use or otherwise deal with Website content for any other reason. You must not modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of this Website for commercial exploitation in any circumstances.
- Acceptable Use
4.1. Our full Acceptable Use Policy www.nicolegayle.com sets out all the permitted uses and prohibited uses of this site.
4.2. You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
4.3. You have permission for temporary, non-exclusive use of the site. Nicole Gayle Coaching reserves the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.
4.4. You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the site.
4.5. You are also not allowed to licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents
or online resources (including our digital products after these have been purchased by you) on the site available to any third party.
4.6. You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files and resources when purchasing our digital products. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
4.7. You must treat all identification codes, passwords and other security information that you obtain from the use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
4.8. You agree to follow our Acceptable Use Policy.
4.9. If you allow anyone else to use our site, you must make sure that they read these terms and conditions first, and that they agree to and follow them.
4.10. If you do not use the site according to the law and these terms and conditions, we may suspend your usage, or stop it completely.
4.11. We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.
4.12 We do not save your credit card details or share customer details with any third parties and we follow our Privacy Policy in handling information about you. By using the site, you agree to us handling this information and confirm that the data you provide is accurate.
- Purchase of Digital Products and Services
5.1. In order to purchase any of the Services on-line, you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
5.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. Nicole Gayle Coaching reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 5.4 below.
5.3. Following receipt by us of your order for Services via the Website, we will contact you confirming receipt of your order.
5.4. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 7 below.
5.5. Where your order consists of multiple Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase.
- Cancellation and Refund
6.1. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
6.2. All items and programs purchased on our website are 100% non-refundable and returns will not be accepted
- Fees
7.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
7.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website prior to your purchase the Services.
7.3. Fees for the Service selected by you on the Website shall be debited by us. Fees must be paid in full prior to you attending any coaching sessions or accessing any Online Course.
7.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Nicole Gayle Coaching shall not be responsible for these.
7.5. You shall be responsible for all costs you incur in connection with your attendance at any Coaching sessions or your access onto any Online Course.
7.6. You can pay with any Visa, MasterCard, Maestro, American Express or Visa Delta card, or via PayPal. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons.
7.7. The purchase on our website will be made in Canadian dollars. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which holders of international credit cards will be liable to pay.
- Link to third-party content
8.1. The Site may contain links to certain content, products and services available via our websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
8.2. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at
your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
8.3. As a convenience to our users, we may make third party software available via this Website to process payments for example. To use the third-party software, you must agree to the terms and conditions imposed by the third-party provider and the agreement to use such software will be solely between you and the third-party provider.
8.4. We do not guarantee that any software downloaded via this Website will be free from viruses or other forms of malicious code. We make no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded via this Website. In no event shall we be liable for claims of any nature arising from or related to any third-party software downloaded via this Website
- Site Management
9.1. We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
9.2. We do not guarantee that the Site will be secure or free from bugs or viruses.
9.3. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
- Modifications to and availability of the Site
10.1 We reserve the right to change, modify, or remove the price and contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
10.2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
10.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
- Intellectual Property Rights
11.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Coaching sessions are and remain, the intellectual property of Nicole Gayle Coaching or its licensors, whether adapted, written for or customised for the Client or not.
11.2. You are not authorized to:-
(i) Copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audiotape, relay by videophone or other means the Online Course or Coaching
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Nicole Gayle Coaching on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 11.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
11.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Coaching sessions.
- Confidentiality
12.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
12.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
12.3. We will only disclose your information if it is necessary for the performance of our services or where so required by law.
12.4. This clause shall continue notwithstanding termination of these terms and conditions.
- Warranty and Liability
13.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
13.2. Although Nicole Gayle Coaching aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by
Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
13.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 11.5 no implied conditions, warranties or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description).
13.4. Subject to clause 13.5 below, Nicole Gayle Coaching total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Coaching sessions in relation to which a dispute has arisen.
13.5. We make no warranty or guarantee that Our Site or any other aspect of our Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of our Site or any other aspect of our online courses/coaching Services.
13.6. Nothing in this Agreement shall exclude or limit Nicole Gayle Coaching liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
13.7. NICOLE GAYLE COACHING SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER WEB SERVICE PROVIDER SERVICE, PAYMENT SERVICES, SOFTWARE AND ANY UPGRADE OR UPDATES TO THAT. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THIRD-PARTY SERVICE PROVIDER.
- Term and Termination
14.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay your Fees ;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Nicole Gayle Coaching
- are in breach of these terms and conditions.
14.2. On termination clause 13 (liability), 11 (intellectual property rights), 12 (confidentiality) and 16 (restrictions) shall continue notwithstanding such termination.
- Disclaimer
15.1. Content on Our Site, which is made available as part of our Services is provided for your general information purposes only. Nothing contained on Our Site or communicated any other way as part of Services constitutes or is meant to constitute, advice, opinion or guidance of any kind.
15.2. We are not a health care provider nor do we provide medical advice or medical treatment. References in Our Site and elsewhere to “Healing” “Health” or any similar terms do not refer to medical treatment or medical therapy. The information presented on Our Site and otherwise as part of Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.
15.3. Use of this site and services is on an “as-is” and “as available” basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the site or services, or with the provision of or failure to provide the site or services.
- Assignment
16.1. Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
16.2. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
- Entire Agreement
- These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
- Force Majeure
18.1. Nicole Gayle Coaching shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
- Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
- Data Protection
20.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
20.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
20.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of, Nicole Gayle Coaching
20.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
20.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
20.5. Our products may link to third-party websites and we are not responsible for their data policies or procedures or their content.
20.6. Nicole Gayle Coaching endeavour to take all reasonable steps to protect your Personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on line over the internet and will not hold us responsible for any breach of security.
- Law and Jurisdiction
The Agreement, and any dispute or claim arising from it, shall be construed in accordance with the laws of Canada and is subject to the exclusive jurisdiction of the courts of Canada.
- Indemnity
You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to Services and otherwise from your violation of Our Terms
- Notices
You can contact us through our website: www.nicolegayle.com
These Terms and Conditions were last updated on 11th February 2021.
