Terms & Conditions

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.  

  1. 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.  

  1. 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 

  1. 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.  

  1. 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.  

  1. 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.  

  1. 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  

  1. 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.  

  1. 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  

  1. 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.  

  1. 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.  

  1. 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.  

  1. 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.  

  1. 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.  

  1. 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.  

  1. 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. 

  1. 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.  

  1. Entire Agreement  
  2. 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.  
  3. 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.  

  1. Assignment  

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our  discretion.  

  

  1. 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.  

  1. 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.  

  1. 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  

  1. Notices  

You can contact us through our website: www.nicolegayle.com 

These Terms and Conditions were last updated on 11th February 2021.

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