Website Terms of Use
Medical Disclaimer
Our website, publications and courses contains general medical information. The medical information is not intended in any way to be a substitute for professional medical advice, diagnosis, or treatment.
You must not rely on any of the information in our website, publications and courses as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you must consult your doctor or other professional healthcare provider.
If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor or emergency services.
You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website, in our publications or courses. You must obtain professional or specialist advice before taking or refraining from any action on the basis of our content.
We do not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned within our content. We therefore disclaim all liability and responsibility arising from any use of, or reliance on, any of our content.
Although we make reasonable efforts to update the information on our website, publications and courses, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up to date. We update and maintain our website, publications and courses content as we deem necessary from time to time.
Website Terms and Conditions
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright (c) Pause and Unite
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; contributors both professional and public maintain their individual copyright and intellectual property rights and can request to have material removed.
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Permission to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) download and print eBooks for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(e) stream audio and video files from our website using the media player on our website; and
(f) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal use; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Feeds
4.1 You may access our RSS and Atom feeds using any compatible feed reader or aggregator.
4.2 By accessing our feeds, you accept these terms and conditions.
4.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our feeds in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate any of our feed content with any third party feed when displaying it in accordance with this Section 4.3.
4.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where our feed content is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
4.5 We may revoke any licence relating to our feeds or feed content at any time, with or without notice.
5. Misuse of website
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person ’s account to access the website, unless you have that person ’s express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion with or without notice to you.
8.2 We will usually cancel an account if it remains unused for a continuous period of 18 months.
8.3 You may cancel your account on our website using your account control panel on the website.
9. Our rights to use your content
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Rules about your content
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person ’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
10.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
10.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
10.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
11. Report abuse
11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know about any such material or activity by email .
12. Medical information
12.1 Where our website, publications and courses contains general medical information. The medical information is not intended in any way to be a substitute for professional medical advice, diagnosis, or treatment.
12.2 You must not rely on any of the information in our website, publications and courses as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you must consult your doctor or other professional healthcare provider.
12.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor or emergency services.
12.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website, in our publications or courses. You must obtain professional or specialist advice before taking or refraining from any action on the basis of our content.
12.5 We do not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned within our content. We therefore disclaim all liability and responsibility arising from any use of, or reliance on, any of our content.
12.6 Although we make reasonable efforts to update the information on our website, publications and courses, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up to date. We update and maintain our website, publications and courses content as we deem necessary from time to time.
13. Limited warranties
13.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
13.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
14. Limitations and exclusions of liability
14.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
(a) are subject to Section 14.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
14.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15. Indemnity
15.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
16. Breaches of these terms and conditions
16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
17. Third party websites
17.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
17.2 We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Trade marks
18.1 The professionals featured on this website, Pause and Unite, their and our logos and their and our other registered and unregistered trade marks are trade marks belonging, or licensed to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
18.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
19. Variation
19.1 We may revise these terms and conditions from time to time.
19.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
20. Assignment
20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
21. Severability
21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22. Third party rights
22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2 The exercise of the parties ’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
23. Entire agreement
23.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
24. Law and jurisdiction
24.1 These terms and conditions shall be governed by and construed in accordance with English law.
24.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
25. Statutory and regulatory disclosures
25.1
26. Our details
26.1 This website is owned and operated by Pause and Unite and Kajabi Ltd.
26.2
26.3 Our principal place of business is at 5 Mill Lane, Upton, Newark, Notts, NG235SXZ
26.4 You can contact us using our website contact form.
Online education and training terms and conditions
Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the educational and training services of the Provider shall be governed by these Terms and Conditions, and the Provider will ask for the express agreement of the Client to these Terms and Conditions before providing any such services to the Client.
In these Terms and Conditions, words and phrases with special meanings are indicated by initial capital letters. Details of those words and phrases are set out in Section 17 of the main body of these Terms and Conditions.
1. Order process
1.1 The advertising of the Services on the website of the Provider and through any Third Party Services constitutes an “invitation to treat” rather than a contractual offer.
1.2 No contract for the supply of the Services will come into force between the Provider and the Client unless and until the procedure set out in this Section 1 has been completed (the date of such completion being the “Effective Date”).
1.3 To enter into a contract of for the supply of the Services, the following steps must be taken: Visitor completes payment and contact information on Kajabi checkout page; once payment is processed visitor is redirected to their member page on Kajabi and purchased products will be available..
1.4 The Client will have the opportunity to identify and correct input errors prior to ordering.
2. Term
2.1 The Contract shall come into force upon the Effective Date.
2.2 The Contract shall continue in force until the end of the period in respect of which Charges have been paid by the Client to the Provider, subject to termination in accordance with Section 13 or any other provision of these Terms and Conditions.
2.3 Unless the parties expressly agree otherwise in writing, each Order Form shall create a distinct contract under these Terms and Conditions.
3. Services
3.1 The Provider shall provide some or all of the following Services and materials to the Client in accordance with these Terms and Conditions:
(a) the Hosted Services; and
(b) the Downloads.
3.2 The Provider shall provide the Services with reasonable skill and care.
4. Hosted Services
4.1 The Provider shall supply or make available to the Client those Hosted Services specified in the Order Form; and the Provider may supply or make available to the Client additional Hosted Services at any time in its sole discretion.
4.2 The Provider may supply or make available the Hosted Services by means of Third Party Services, or by such other means as the Provider may determine acting reasonably.
4.3 The Provider shall use reasonable endeavours to supply or make available the Hosted Services in accordance with any timetable set out in the Order Form; to the extent that there is no such timetable, the Hosted Services may be supplied or made available at any time during the Term.
4.4 The Provider hereby grants to the Client a worldwide, non-exclusive licence to use the Hosted Services in accordance with any applicable Third Party Services terms and conditions during the Term only.
4.5 The licence granted by the Provider to the Client under Section 4.4 is subject to the following limitations:
(a) the Hosted Services may only be used by the Client and the officers, employees, agents and subcontractors of the Client;
(b) the Hosted Services may only be used by the named users identified in the Order Form, providing that the Client may change, add or remove a designated named user by agreement with the Provider; and
(c) the Hosted Services must not be used at any point in time by more than the number of concurrent users specified in the Order Form, providing that the Client may add or remove concurrent user licences by agreement with the Provider.
4.6 The Client shall use reasonable endeavours to ensure that no unauthorised person may gain access to the Hosted Services using any access credentials of the Client.
4.7 The Client acknowledges that the availability of the Hosted Services is dependent upon Third Party Services, and that the Provider has no direct control over the availability of the Hosted Services; accordingly, the Provider does not guarantee 100% availability.
5. Downloads
5.1 The Provider shall supply or make available to the Client those Downloads specified in the Order Form; and the Provider may supply or make available to the Client additional Downloads at any time in its sole discretion.
5.2 The Provider may supply or make available the Downloads by means of Third Party Services, or by such other means as the Provider may determine acting reasonably.
5.3 Subject to the payment of the applicable Charges by the Client and the compliance of the Client with the other provisions of these Terms and Conditions, the Provider grants to the Client a worldwide, non-exclusive and non-transferable licence from the date of supply or making available of Downloads to:
(a) download a copy of each of the Downloads;
(b) store and view a copy of each of the Downloads on a desktop computer, notebook computer or smartphone; and
(c) print a copy of each of the Downloads.
5.4 The Client must not:
(a) publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the Downloads or any part of the Downloads;
(b) edit, modify, adapt or alter the Downloads or any part of the Downloads;
(c) use the Downloads or any part of the Downloads in any way that is unlawful or in breach of any person ’s legal rights under any applicable law;
(d) use the Downloads or any part of the Downloads to compete with the Provider, whether directly or indirectly; or
(e) use the Downloads or any part of the Downloads for a commercial purpose.
5.5 The Client must retain, and must not delete, obscure or remove, any and all copyright notices and other proprietary notices in the Downloads.
5.6 The Client acknowledges that the Downloads may be protected by digital rights management technology and that the Provider may use that technology to enforce the provisions of these Terms and Conditions.
5.7 The Provider warrants to the Client that the Downloads, when used by the Client in accordance with these Terms and Conditions, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.
5.8 The licence set out in this Section 5 shall continue indefinitely; providing however that if the Client commits any breach of the licence terms set out in this Section 5, the Provider may by written notice to the Client terminate the licence, with immediate effect, with respect to any or all of the Downloads.
5.9 Upon the termination of the licence under this Section 5, the Client must promptly:
(a) irreversibly delete any digital copies of the Downloads in its possession or control (along with any copies created from such copies); and
(b) permanently destroy any paper or other physical copies of the Downloads in its possession or control (along with any copies created from such copies).
6. Third Party Services
6.1 The Client acknowledges that access to the Services may require the use of Third Party Services by the Client.
6.2 The supply of Third Party Services shall be under a separate contract or arrangement between the Client and the relevant third party. The Provider does not contract to supply the Third Party Services and is not a party to any contract for, or otherwise responsible in respect of, the provision of any Third Party Services. Fees may be payable by the Client to the relevant third party in respect of the use of Third Party Services.
6.3 The Client must comply with the applicable terms and conditions of each provider of Third Party Services.
6.4 The Client acknowledges and that the Provider has no control over, or responsibility for, any disclosure, modification, deletion or other use of data by any provider of Third Party Services.
6.5 Subject to Section 12.1:
(a) the Provider gives no guarantees, warranties or representations in respect of any Third Party Services; and
(b) the Provider shall not be liable to the Client in respect of any loss or damage that may be caused by Third Party Services or any provider of Third Party Services.
6.6 If the Client is unable to access any of the Services as a result of any unavailability or failure of any Third Party Services, then the Client shall have no right to the re-arrangement or re-performance of those Services; nor shall the Client have any right to a refund of the corresponding Charges or compensation of any kind – subject to Section 12.1.
7. Client obligations
7.1 The Client warrants to the Provider that it meets the prerequisites specified in the Order Form.
7.2 The Client warrants to the Provider that all the information supplied by the Client to the Provider in relation to the Contract and the Services, is true, accurate, current, complete and non-misleading.
7.3 The Client must comply with Schedule 1 (Community Standards) when interacting with the Provider in relation to the Services (including interactions by means of the Third Party Services).
7.4 Save to the extent that the parties have agreed otherwise in writing, the Client must provide to the Provider, or procure for the Provider, such:
(a) co-operation, support and advice;
(b) information and documentation; and
(c) governmental, legal and regulatory licences, consents and permits,
as are reasonably necessary to enable the Provider to perform its obligations under the Contract.
8. Charges
8.1 The Client shall pay the Charges to the Provider in accordance with these Terms and Conditions.
8.2 If the Charges are based in whole or part upon the time spent by the Provider performing the Services, the Provider must obtain the Client ’s written consent before performing Services that result in any estimate of time-based Charges given to the Client being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless the Client agrees otherwise in writing, the Client shall not be liable to pay to the Provider any Charges in respect of Services performed in breach of this Section 8.2.
8.3 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.
8.4 The Provider may elect to vary any element of the Charges by giving to the Client not less than 30 days ’ written notice of the variation
9. Payments
9.1 The Provider shall issue invoices for the Charges to the Client in advance of the period to which they relate.
9.2 The Client must pay the Charges to the Provider before the commencement of the corresponding Services or period of Services.
9.3 The Client must pay the Charges by debit card, credit card, direct debit, bank transfer or cheque (using such payment details as are notified by the Provider to the Client from time to time).
10. Distance contracts: cancellation right
10.1 This Section 10 applies if and only if the Client enters into the Contract with the Provider as a consumer – that is, as an individual acting wholly or mainly outside the Client ’s trade, business, craft or profession – where the Contract is a distance contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
10.2 The Client may withdraw an offer to enter into the Contract with the Provider at any time; and the Client may cancel the Contract entered into with the Provider at any time within the period:
(a) beginning when the Contract was entered into; and
(b) ending at the end of 14 days after the day on which the Contract was entered into,
subject to Section 10.3. The Client does not have to give any reason for the withdrawal or cancellation.
10.3 The Client agrees that the Provider may begin the provision of services before the expiry of the period referred to in Section 10.2, and the Client acknowledges that, if the Provider does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the Client will lose the right to cancel referred to in Section 10.2; and
(b) if the services are partially performed at the time of cancellation, the Client must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Client in accordance with this Section 10.
10.4 In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Section 10, the Client must inform the Provider of the Client ’s decision to withdraw or cancel (as the case may be). The Client may inform the Provider by means of any clear statement setting out the decision. In the case of cancellation, the Client may inform the Provider using the cancellation form that the Provider will make available to the Client. To meet the cancellation deadline, it is sufficient for the Client to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.5 If the Client withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Section 10, the Client will receive a full refund of any amount the Client paid to the Provider in respect of the Contract, except as specified in this Section 10.
10.6 The Provider will refund money using the same method used to make the payment, unless the Client has expressly agreed otherwise. In any case, the Client will not incur any fees as a result of the refund.
10.7 The Provider will process the refund due to the Client as a result of a cancellation on the basis described in this Section 10 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.
11. Warranties
11.1 The Client warrants to the Provider that it meets the prerequisites (including prerequisites relating to qualifications, certifications and experience) specified in the Order Form.
11.2 The Client warrants to the Provider that all the information supplied by the Client to the Provider in relation to the Contract and the Services, is true, accurate, current, complete and non-misleading.
11.3 The Provider warrants to the Client that:
(a) the Provider has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions; and
(b) the Provider will comply with all applicable legal and regulatory requirements applying to the exercise of the Provider ’s rights and the fulfilment of the Provider ’s obligations under these Terms and Conditions.
11.4 The Client warrants to the Provider that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
11.5 All of the parties ’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.
12. Limitations and exclusions of liability
12.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party ’s statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these Terms and Conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
12.3 The Provider will not be liable to the Client in respect of any losses arising out of a Force Majeure Event.
12.4 The Provider will not be liable to the Client in respect of any loss of profits or anticipated savings.
12.5 The Provider will not be liable to the Client in respect of any loss of revenue or income.
12.6 The Provider will not be liable to the Client in respect of any loss of business, contracts or opportunities.
12.7 The Provider will not be liable to the Client in respect of any loss or corruption of any data, database or software.
12.8 The Provider will not be liable to the Client in respect of any special, indirect or consequential loss or damage.
13. Termination
13.1 Either party may terminate the Contract by giving to the other party at least 30 days ’ written notice of termination.
13.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
13.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up; or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
13.4 The Provider may terminate the Contract immediately by giving written notice to the Client if:
(a) any amount due to be paid by the Client to the Provider under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
(b) the Provider has given to the Client at least 30 days ’ written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Section 13.4.
14. Effects of termination
14.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Sections 5.3, 5.4, 5.5, 5.6, 5.8, 5.9, 6.5, 6.6, 12, 14, 16, 17 and 18.
14.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
15. Notices
15.1 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
(a) sent by email to the relevant email address specified on the Order Form (in the case of notices to the Client) or on the website of the Provider (in the case of notices to the Provider), in which case the notice shall be deemed to be received upon receipt of the email by the recipient ’s email server,
providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
16. General
16.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
16.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
16.3 The Provider may vary the Contract by giving to the Client at least 30 days ’ written notice of the variation. Subject to this, the Contract may only be varied by a written document signed by or on behalf of each of the parties.
16.4 The Client hereby agrees that the Provider may assign the Provider ’s contractual rights and obligations under the Contract to any successor to all or a substantial part of the business of the Provider from time to time, providing that, if the Client is a consumer, such action does not serve to reduce the guarantees benefiting the Client under the Contract. Save to the extent expressly permitted by applicable law, the Client must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Client ’s contractual rights or obligations under the Contract.
16.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
16.6 The main body of these Terms and Conditions, Schedule 1 (Community Standards) and the Order Form shall constitute the entire agreement between the parties in relation to the subject matter of the Contract, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
16.7 The Contract shall be governed by and construed in accordance with English law.
16.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
17. Definitions
17.1 In these Terms and Conditions:
“Business Day” means any weekday other than a bank or public holiday in England;
“Business Hours” means the hours of 09:00 to 17:00 GMT/BST on a Business Day;
“Charges” means:
(a) such other amounts as may be agreed in writing by the parties from time to time;
“Client” means the person or entity identified as such in the Order Form;
“Contract” means a particular contract made under these Terms and Conditions between the Provider and the Client;
“Downloads” means those textual, graphical, audio and audio-visual works and materials that the Provider supplies or makes available to the Client for download as part of the Services;
“Effective Date” means has the meaning given to it in Section 1.2;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
“Hosted Services” means those on-demand hosted services that the Provider supplies or makes available to the Client as part of the Services;
“Order Form” means a written order form agreed by or on behalf of each of the parties;
“Provider” means Pause and Unite
“Services” means any services that the Provider provides to the Client, or has an obligation to provide to the Client, under these Terms and Conditions;
“Term” means the term of the Contract, commencing in accordance with Section 2.1 and ending in accordance with Section 2.2;
“Terms and Conditions” means these terms and conditions, including any amendments to these terms and conditions from time to time; and
“Third Party Services” means any software or services provided by any third party that are to be used by the Provider and the Client in the course of the provision and receipt of the Services, as identified in the Order Form or notified by the Provider (acting reasonably) to the Client from time to time.
18. Interpretation
18.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
18.2 The Section headings do not affect the interpretation of these Terms and Conditions.
18.3 References in these Terms and Conditions to “calendar months” are to the 12 named periods (January, February and so on) into which a year is divided.
18.4 In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
Schedule 1 (Community Standards)
1. Introduction
1.1 This community standards policy (the “Policy”) sets out the rules governing:
(a) the use of our services and any third party services used in connection with our services (the “Services”); and
(b) the communication, transmission, storage and processing of content by you, or by any person on your behalf, using the Services ( “Content”).
1.2 References in this Policy to “you” are to any customer for the Services and any individual user of the Services (and “your” should be construed accordingly); and references in this Policy to “us” are to Pause and Unite (and “we” and “our” should be construed accordingly).
1.3 By using the Services, you agree to the rules set out in this Policy.
2. General usage rules
2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
2.2 You must not use the Services:
(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
2.3 You must ensure that all Content complies with the provisions of this Policy.
3. Unlawful Content
3.1 Content must not be illegal or unlawful, must not infringe any person ’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
4. Data mining
4.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
5. Harmful software
5.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
5.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
Order Form
The Client is the individual purchasing content by means of the order form on our courses website.
