'The Archives' Membership Terms - Helen Leathers, Transformational Women's Coach, Trainer, Speaker

1. Introduction

‘The Archives’ from Helen Leathers (“site”) is owned and operated by Spreading The Magic Limited a company registered in England and Wales under company number 05478906

and with our registered office at 10 Bremridge Close, Barford, Warwickshire, CV35 8DG

Please read these terms and conditions carefully before placing an order. By purchasing membership of ‘The Archives’, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.

2. Age restriction

You shall not purchase any services or products from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

3. Fees

3.1 Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term is monthly or annual depending on the level you purchase, as described in the course of the transaction.

3.2 Your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)

4. Cancellations  

4.1 There is no minimum commitment to the monthly membership.

4.2 If you purchase a subscription to The Archives that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by Spreading The Magic Limited. You will retain access to the Member Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and non-refundable, unless otherwise determined.

4.3 If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:

4.3.1. we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;
4.3.2. we go into liquidation or a receiver or an administrator is appointed over our assets;
4.3.3. we change these Terms under to your material disadvantage;
4.3.4 we are affected by an Event Outside Our Control.

5. Our rights to cancel and applicable refunds

5.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:we will promptly contact you to let you know;

5.1.1  If you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you.

5.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

5.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if:

  • you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
  • you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.
  • your behaviour at our live/online events is deemed inappropriate, offensive, discriminatory or otherwise harmful or upsetting to other members.

6. Intellectual Property Rights
Other than the content you own, under these Terms, Spreading The Magic Limited and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

7.0 Restrictions

7.1 You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

7.2 Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well and not share with any other person.

8. Your Privacy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy https://spreadingthemagic.com/privacy-policy/

9. No warranties

This Website is provided “as is,” with all faults, and Spreading The Magic Limited express no representations or warranties, of any kind related to this Website or the materials contained on this Website.

10 Limitation of liability

In no event shall Spreading The Magic Limited, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Spreading The Magic Limited, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

11. Indemnification

You hereby indemnify to the fullest extent Spreading The Magic Limited from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

12. Severability
Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

13. Variation of Terms
13.1 We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

13.2 Please check these terms and conditions periodically for changes.

13.3 Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

13.4 If the revised terms apply to any existing provision of services, we will notify you of the changes.

14. Provision of Services

14.1 In relation to digital content not on a tangible medium, (The Archives) you may cancel the contract at any time up to 14 days after the day on which the contract is entered into.

14.2 Notwithstanding clause 14.1, you agree that we may begin the supply of digital content not on a tangible medium The Archives) before the end of the cancellation period set out in clause 14.1 and you acknowledge that you will lose your cancellation rights.

14.3 We will supply the services to you from the date of your purchase. You will receive email immediate notification of how to access The Archives and they will be available to you immediately.

14.4 We will make every effort to provide access to the services on time. However, there may be delays due to an Event Outside Our Control. See clause 5.1 above for our responsibilities when an Event Outside Our Control happens.

14.5 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.

14.6 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

15. If there is a problem with the services

15.1 In the unlikely event that there is any defect with the services:

·      please contact us and tell us as soon as reasonably possible;

·      please give us a reasonable opportunity to repair or fix any defect; and

·      we will use every effort to repair or fix the defect within 14 days.

15.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

16. Attendance at events and forums 

‘The Archives’ includes access to a number of live/online events and access to a private Facebook group. If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Event, you will be required to leave the Event. You may me be restricted from attending future events. The digital services will remain available to you but only at the discretion of Spreading The Magic Limited. If behaviour at events is such that we deem it necessary we will cancel your entire membership as per clause 5.3 above.

17. Assignment

Spreading The Magic Limited is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

18. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

19. Governing Law & Jurisdiction
English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.  However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

20. Contact us

For any questions or queries you can contact us at contact@spreadingthemagic.com

Last Updated: 12th October 2022