The following terms and conditions for purchases of our Online Course (the “Online Course Terms & Conditions”) are entered into between you, our customer (referred to as “you” or “your”), and Nicola Walsh – Design and Digital, (referred to as “NW Design and Digital”, “we”, “our”, or “us”).
The Online Course
NW Design and Digital provides an online learning course, Launch your Lead Magnet using MailerLite, which is a “Online Course”. As a condition of purchasing and using the Online Course, you agree to be bound by these Online Course Terms & Conditions.
Legal terms that apply to your purchase
Our Website Terms of Use and Privacy Policy form part of these Online Course Terms & Conditions, and they also apply to any purchase you make from us.
If there is any inconsistency between any of those agreements and/or policies and these Online Course Terms & Conditions, these Online Course Terms & Conditions will take precedence.
For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these Online Course Terms & Conditions, you can be sure that the refund policy you see here applies to your Online Course purchase.
Minimum age for purchase
Our products are intended to be purchased by individuals over the legal age of adulthood (which happens to be 18 years old in most places in the world).
If you are not a legal adult, you must only make purchases from our site with the consent of a responsible adult.
Our relationship with you
When you purchase a Online Course, NW Design and Digital agrees to provide you with access to the Online Course, which is an educational and informational resource. The information contained in the Online Course, including any interactions with our staff or contractors, is not intended as, and shall not be understood as, professional advice.
Nothing in these Online Course Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and NW Design and Digital.
Payment required for access
By purchasing the Online Course, you understand and acknowledge that you are entering into a legally binding contract with NW Design and Digital, which requires you to pay the fees in full in exchange for access to the Online Course.
You will only be allowed to use the Online Course when we receive payment in full, or the first instalment of your selected payment plan.
Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, we provide access immediately when you make a payment, but if the payment then fails, we may revoke your access immediately without notifying you.
By making a payment online with your credit or debit card, you give us permission to automatically charge your payment method for the amounts specified on the Online Course purchasing page. You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with our third-party payment providers.
Payment Authorisation
By electing to pay through a payment plan:
a) You authorise NW Design and Digital to charge your payment method automatically for each subsequent payment without further authorisation or notice to you (unless required by law).
b) You understand that it is your responsibility to ensure that the payment method we have on file for you is valid for the duration of the payments you have committed to in the payment plan. If your payment method becomes invalid before completing all payments in the payment plan, you must provide an alternate payment method before your next payment is due by writing to us at info@nwdesignanddigital.co.uk.
c) You understand that you are required by law to complete all remaining payments of your payment plan unless you have correctly requested and been granted a refund in accordance with these Online Course Terms & Conditions.
In summary, you commit to paying in full, and you may not cancel or avoid any of the payments in any selected payment plan except by correctly using the refund policy.
Consequences of Failed Payments
In the event any payment fails or is not made by the due date, your access to the Online Course and the Online Community will be immediately suspended, and any rights or licenses to use the Online Course and related materials will be revoked immediately.
The first time a payment fails or a payment deadline is missed, if you subsequently make the payment that was due, we will not take any further action and your access will be restored.
If there is any subsequent failed or missed payment, the total remaining balance on your payment plan will become due immediately, regardless of how many payment instalments remain. Your access will be restored once you have paid in full.
If your failure to make a payment on time results in the suspension of your access which causes you to miss out on any live calls or presentations, you will not be entitled to any reduction in the Online Course fees or any refund.
By agreeing to these Online Course Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed and/or missed payments.
Refund Policy
We want you to be satisfied with your purchase. For this reason, we offer a no-questions-asked refund before the course starts and the following “Show Your Work” refund policy if it’s within 7 days of the scheduled Start Date (as specified on the checkout page).
If you are not satisfied with your purchase and would like to request a refund, you can email us at info@nwdesignanddigital.co.uk
To qualify for a refund within the first 7 days of the course start date, you will need to show that you have attempted to complete some of the online lessons and/or attended at least 1 live call. If you can show you have tried to make the course work for you, you will have met the conditions of our refund policy and we will give you your money back.
Our policy is in addition to any legal rights you may have through legislation that applies to your purchase. If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please contact us at info@nwdesignanddigital.co.uk. We will verify our legal obligations, and if required, we will provide you with a refund.
What is included with your Online Course purchase
As part of the Online Course, NW Design and Digital will provide the following:
Access and access instructions
You will receive an email with instructions on how to access the Online Course shortly after your purchase.
You will have access to the Online Course from a future date, as specified at the time of your purchase (the “Start Date”).
We will maintain your access to the Online Course via a digital platform, and your login details will be provided in the instructions email (the “Platform”).
“Lifetime” access
Your purchase of the Online Course comes with “lifetime” access, which means that you will be able to access the Online Course via the Platform for as long as the Online Course remains published (not your lifetime or our lifetime, but the lifetime of the product being made available by us to the public).
If we decide to unpublish the Online Course at any time in the future, you will receive a notification that gives you at least 30 days to download all of the materials related to the Online Course from the Platform before it is unpublished.
If the location or method of access to the Online Course or the Platform changes, you will be notified and be provided with instructions for how to access the Online Course at its new location.
The Online Community
We will maintain an online community that you will optionally have access to as a customer of the Online Course (the “Online Community”), which will be available to you from the Start Date.
The Online Community provides a forum for you to connect with other Online Course customers. We do not make any guarantees about participation by us or other members.
You are required to abide by all rules posted in the Online Community. If you do not follow the rules, you will lose your right to participate in the Online Community, and you will not receive any discount or refund.
The Online Community will be archived 30 days after the last Live session. You will still be able to read anything already posted but you won’t be able to add any new posts or comments once the group is archived.
Live group sessions
Participating in 12 live sessions is included with your Online Course purchase.
Each of the sessions will take place on the date/time specified on the sales page and on the welcome email, you will also be able to subscribe to the online calendar.
The sessions will take place via an online platform (such as Zoom). These are group sessions, and there will be other attendees besides you.
Each session is scheduled for 1 Hour. If you join a session late, it will still end at the scheduled time, meaning you’ll get less than the full allocated time. You will not receive any refund if you join late and do not benefit from the full scheduled time.
Rescheduling/cancelling if you cannot attend a live sessions
You do not have any option to reschedule a group session.
If you don’t attend a session, then that session will be considered used, and you will not be entitled to a replacement or refund.
We may reschedule group sessions if we are unable to deliver it due to unforeseen circumstances. If we need to reschedule, we will do our best to let you know at least 24 hours in advance. However, sometimes that will not be possible, and we may reschedule on shorter notice. We will make an effort to ensure that the rescheduled date/time is at a suitable date/time for as many participants as possible.
If you are unable to attend live, you will still have access to the recording (see details below). No refund or discount will be given if you don’t attend live.
Access to the recordings of the live sessions
Each session will be recorded. Instructions for accessing the recording will be sent to you following each session you attended (or were scheduled to attend, if you failed to show up live). You will have “lifetime” access to the recordings based on the definition of “lifetime” access given in these Online Course Terms & Conditions.
Downloadable materials
You will receive downloadable materials (which may be PDF, docx, video, audio, or any other format) as part of the Online Course. The downloadable materials are yours to use and keep, subject to the licenses granted in these Online Course Terms & Conditions.
Templates for use with a particular platform/software
You will receive access to templates that are intended for use with a particular software or platform. You will need to create an account with a third-party software/service provider and you may need to pay for the software/service to effectively use the templates.
Bonuses
From time to time, NW Design and Digital may offer bonuses to those who purchase an Online Course. You are entitled to any bonuses offered to you at the time of purchase. The details of those bonuses as well as any specific requirements or conditions of use will be made clear to you on the checkout page and/or in your email confirmation.
Intellectual property
All content included as part of the Online Course, in any format, and any software used in delivering the Online Course is the property of NW Design and Digital (or our suppliers) and is protected by copyright and other intellectual property legal protections.
Your purchase and use of the Online Course does not result in a transfer of any intellectual property to you. As a condition of your use of the Online Course, you agree to observe and abide by all copyright and other intellectual property laws.
You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property except as specifically allowed by these Online Course Terms & Conditions or with prior written consent from us.
Licence
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Online Course, including all content and resources contained within the Online Course for your own business’s use to achieve the outcomes set out on the Online Course’s purchasing page (the “Purpose”).
You agree that you will not modify, publish, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, or any part of the content, found in the Online Course, except to the extent required to fulfil the Purpose. You also agree that you will not use your access or any part of the content in order to compete with NW Design and Digital or to harm our business prospects or relationships.
Our content is not for resale. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use or your business’s use to achieve the Purpose. You will not use the content in any other way without our specific written permission.
You understand that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property except as specified in these Online Course Terms & Conditions.
You also agree that any infringement of intellectual property rights will result in an immediate termination of the licence with no refund.
If you violate the terms of this license, your access to the Online Course , the Online Community, and any other related content will be terminated immediately, and you are not entitled to any refund (in part or in full).
Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a licence holder, sharing your account with anyone other than a licence holder, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licences you have gifted or sold to others.
Confidentiality
NW Design and Digital respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Online Course Terms & Conditions.
“Confidential Information” is any information about a person or business which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to:
a) information you share with us about yourself, your contact details, and your payment information;
b) the Online Course materials, in whatever format they are provided;
c) information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and
d) information about customers, including their personal details and situations.
Due to the nature of the content in the Online Course, you will be exposed to Confidential Information belonging to both NW Design and Digital and other Online Course customers.
As a condition of using in the Online Course, you agree to protect the Confidential Information and not share it with anyone elseoutside the Online Community unless specifically allowed by these Online Course Terms & Conditions or you have our written permission to do so.
You also acknowledge that you may be exposed to certain sensitive personal information that must be treated with special care, security, processing procedures, and/or other legal and regulatory requirements in your jurisdiction, and you are responsible for complying with any such local legal or regulatory requirements with respect to that information.
Your Confidential Information may be shared with our staff, sub-contractors, and/or third-party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person to whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.
Personal Responsibility
By using the Online Course, you accept personal responsibility for the results of your actions. You agree that NW Design and Digital has not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended in the Online Course or not. NW Design and Digital provides educational and informational resources in the Online Course that are intended to help you. However, you recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of NW Design and Digital.
You also recognise that prior results do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past customers of the Online Course or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Online Course. You agree to use your judgement and conduct due diligence before taking any actions or implementing any plan or policy suggested or recommended in the Online Course.
Materials & information provided by you
You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide during use of the Online Course or post, upload, input, or submit on any platform or social media (collectively, the “Contributions”). NW Design and Digital will never claim ownership of these Contributions which belong to you.
However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting NW Design and Digital, our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including the rights to:
a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution (or any part of the Contribution); and
b) to publish your name, your image, and your business name and logo (if applicable) in connection with your Contribution.
In other words, NW Design and Digital has the right to include your Contributions – including any audio or video recordings of you participating in or contributing to the Online Course (if applicable) – in the Online Course, other similar Online Courses, and marketing materials going forward.
No compensation will be paid for the use of your Contributions in accordance with the rights granted in these Online Course Terms & Conditions. NW Design and Digital is under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time at NW Design and Digital’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Contributions you warrant and represent that you own or otherwise control all of the rights to your Contributions.
NW Design and Digital will never use any Contributions in a way that harms your business prospects or reputation. If any Contribution includes the identifiable personal information of an individual other than you, NW Design and Digital will anonymise that portion before publishing any Contribution.
Technology and availability
Your use of the Online Course and any associated services may sometimes be subject to interruption or delay.
Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, emails, or any associated services will be error-free, without interruption or delay, or free from defects in design.
We will not be held responsible if our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.
NO WARRANTIES
THE ONLINE COURSE, INCLUDING ALL CONTENT AND RESOURCES CONTAINED WITHIN THE ONLINE COURSE, IS PROVIDED TO YOU “AS IS.”
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE MAKE NO PROMISES (AKA WARRANTIES) ABOUT THE ONLINE COURSE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES ABOUT: BEING MARKETABLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE DO NOT PROMISE (AKA WARRANT) THAT THE ONLINE COURSE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT IT WILL BE ERROR-FREE, OR THAT IT WILL ALWAYS BE AVAILABLE.
LIMITATION OF LIABILITY
YOU AGREE THAT NW DESIGN AND DIGITAL IS NOT LEGALLY OR FINANCIALLY RESPONSIBLE FOR ANY LIABILITY LOSS YOU SUFFER RELATED TO ACCESSING OR USING ANY PART OF THE ONLINE COURSE OR ANY INFORMATION/RESOURCES CONTAINED IN IT.
YOU ALSO AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, FAIR, OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO YOUR ACCESS OR USE OF THE ONLINE COURSE (SUCH AS LOSS OF USE, DATA, OR PROFITS AS WELL AS DELAYS OR INABILITY TO USE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS).
YOU UNDERSTAND THAT ACTS OR NON-ACTS OF THIRD PARTIES ARE OUTSIDE OF OUR CONTROL, AND WE DO NOT ACCEPT ANY LIABILITY FOR SUCH CIRCUMSTANCES, EVEN IF THEY AFFECT YOUR ABILITY TO ACCESS/USE THE ONLINE COURSE.
NOTHING IN THESE ONLINE COURSE TERMS & CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT REPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW IN YOUR JURISDICTION. HOWEVER, YOU AND NW DESIGN AND DIGITAL BOTH ACKNOWLEDGE THAT SUCH A CIRCUMSTANCE IS HIGHLY UNLIKELY GIVEN THE NATURE OF THE ONLINE COURSE.
IF YOU ARE NOT SATISFIED WITH THE ONLINE COURSE OR ANY PORTION OF IT, YOUR ONLY OPTION IS TO STOP USING THE ONLINE COURSE. IN THIS CASE, NO REFUND OR REBATE WILL BE GIVEN EXCEPT IF YOU CORRECTLY USE THE REFUND POLICY IN THESE ONLINE COURSE TERMS & CONDITIONS.
Compensation for wrongdoing (aka indemnities)
You agree to indemnify, defend, and hold harmless NW Design and Digital, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) arising from:
a) your use of or inability to use the Online Course and related services,
b) any Contributions made by you,
c) your violation of any terms of these Online Course Terms & Conditions,
d) your violation of any rights of a third party, or
e) your violation of any applicable laws, rules, or regulations.
Termination and access restriction
NW Design and Digital reserves the right to terminate your access to the Online Course and any related services at any time if:
a) you become disruptive or abusive to NW Design and Digital staff;
b) you fail to follow the Online Course guidelines, rules, or any other reasonable instructions from NW Design and Digital; or
c) you otherwise violate these Online Course Terms & Conditions.
You will not be entitled to a refund of any portion of the fees if we terminate your access for any of these reasons.
Entire agreement
These Online Course Terms & Conditions, along with any agreements and policies incorporated by reference, contain the full agreement between you and us regarding your Online Course purchase.
Any previous written or spoken agreements, promises, information, or understandings between us on this topic are not valid unless they are specifically mentioned in these Online Course Terms & Conditions.
A printed version of these Online Course Terms & Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Online Course Terms & Conditions and will be treated the same as documents originally generated and maintained in printed form.
Interpretation
Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine (and vice versa). Headings in these Online Course Terms & Conditions are for convenience only and do not affect their interpretation.
Severability
If any part of these Online Course Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the rest of the Online Course Terms & Conditions will not be affected.
If this occurs, you agree to substitute the affected portion with a valid alternative that has the same effect as would have originally been achieved (to the extent possible).
No Waiver
If we delay or choose not to enforce or exercise any term of or any right under these Online Course Terms & Conditions, we do not waive our rights. We can enforce/exercise it later.
Delays/failures beyond our control
We won’t face legal or financial penalties if we’re delayed or unable to fulfil our legal obligations because of circumstances beyond our control (these are “Circumstances Beyond Our Control”).
Circumstances Beyond Our Control include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labour disputes, materials or telecommunication breakdown, and power outage.
NW Design and Digital is a small business with limited staff. Any illness affecting one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Circumstance Beyond Our Control.
If a Circumstance Beyond Our Control affects our ability to meet our obligations under these Online Course Terms & Conditions, we will notify you as soon as possible. Any dates/deadlines will be extended by however long the Circumstance Beyond Our Control lasts.
The date this contact applies from
These Online Course Terms & Conditions will apply and be enforceable with respect to each Online Course purchased by you from the date that you initially purchased that Online Course.
Dealing with disputes
You give up any current or future claims relating to your purchase, access, and use of the Online Course.
If there is any disagreement about the Online Course or these Online Course Terms & Conditions, you and NW Design and Digital both commit to resolving it through discussion and negotiation. Legal action can only be taken if honest efforts to resolve the issue fail.
The laws of England apply to interpreting and enforcing these Online Course Terms & Conditions, and any legal action must only be started in the courts of the City of Chelmsford, United Kingdom.
Changes to these Online Course Terms & Conditions
We may make changes to these Online Course Terms & Conditions without informing you. If we update, amend or make any changes to these Online Course Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website.
Contacting us
For any questions, comments, or concerns regarding these Online Course Terms & Conditions or any purchase, please contact us at info@nwdesignanddigital.co.uk.
Nicola Walsh – Design and Digital is a business located at 29 Plymouth Road, Chelmsford, Essex, CM1 6 JG