1. INTERPRETATION

Definitions

In these Conditions, the following definitions apply:

Client: the person or company purchasing the Program from Young Vibes (YV)

Commencement Date: the date that YV commences provision of the Program to the Client in accordance with clause 2.1 below

Contract: the contract between YV and the Client for the supply of a Program comprising of the Supply of Services and these Conditions

YV: Young Vibes Ltd, Court Farm, Clovelly, Bideford, Devon. EX39 5TA. Registered Co No.

The Materials: all documents, guides, booklets, digital or physical products, CD-ROMs, equipment, content on YV’s websites and any other proprietary information relating to the Program which are provided by YV to the Client.

Fees: the fees payable by the Client for the supply of a Program in accordance with clause 5.

2. BASIS OF CONTRACT

2.1 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of YV which is not set out in the Contract. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. YV is under a legal duty to supply goods that are in conformity with the contract;

2.2 Any sample materials, descriptive matter or advertising issued by YV, and any descriptions or illustrations contained in YV’s website or brochures, are issued or published for the sole purpose of giving an approximate idea of a Program and the Programs offered by YV. They will not form part of the Contract or have any contractual force.

2.3 The client has the right to cancel anytime in the first 14 Days. A full refund will be given up to this point. You can cancel by any normal means (Email, SMS, Phone) or by using the form supplied at the end of this document:

3. THE PROGRAMS

3.1 YV will supply a Program to the Client and YV warrants to the Client that such Program has been prepared using reasonable care and skill. YV provides no guarantee that a Program will provide any results for the Client. Testimonials shown on the YV’s websites are real people. The Clients’ experience will vary based on the Clients’ level of effort, how hard they work, how much of what YV recommend they implement and how closely they follow the process laid out by YV. The Client accepts they are fully responsible for all decisions made relating to their progress and acknowledges YV have no control over what they do and don’t do.

3.2 YV will use reasonable endeavours to meet any dates in relation to supporting the program but any such dates will be provisional only and may be subject to change at the discretion of YV, with no liability attaching to YV in respect of such changes.

3.3 YV will have the right to make any changes to the support of a Program which do not affect the nature of the Program

3.4 The Client shall (and shall ensure all Authorised Affiliates and Authorised Users shall) at all times comply with all applicable laws relating to the use or receipt of the Program, including laws relating to privacy, data protection and use of systems and communications.

3.5 Please check what your Program consist of: see below :

Young Vibes Ltd – Portals Only Program – Simply Young Vibes

● 24/7 Child Education Portal with email/chat support

● 24/7 Parent Education Portal with email/chat support

● Subscription £29 per week

● Cancel anytime

Young Vibes Ltd – Dragonfly Coaching Program – Popular Young Vibes

● 24/7 Child Education Portal with email/chat support

● 24/7 Parent Education Portal with email/chat support

● Parent Zoom sessions Mon-Thurs 12pm & 6pm

● Subscription £45 per week

● Cancel anytime

Young Vibes Ltd – 12 Week Child Coaching Program – Young Vibes Plus

● 24/7 Child Education Portal with email/chat support

● 24/7 Parent Education Portal with email/chat support

● Parent Zoom sessions Mon-Thurs 12pm & 6pm

● Inclusive return to school program

● Weekly child 1-2-1 with mentor on request

● Subscription £360 per month for 3 months

● Cancel anytime

4. CLIENT’S OBLIGATIONS

4.1 The client will: (a) ensure that the terms of the contract are complete and understood; (b) cooperate with YV in all matters relating to a Program; (c) pay the Fees strictly in accordance with the payment plan option agreed; (d) provide YV with such information and materials as YV may reasonably require in order to support a Program and ensure that such information is accurate in all material respects; (e) not use a Program or YV Materials for any purpose other than that which has been expressly authorised under the Contract, nor will it compete or seek to compete, either directly or indirectly, with the business of

YV at any time (f) respect the privacy rights of any other participants in a Program; (g) permit YV to use any examples of the clients in the online updated training curriculum for mentors (h) permit YV to include information or video footage highlighting any benefits which the Client has obtained from using a Program in marketing material and in this regard, the Client hereby grants to YV a royalty-free, perpetual licence to use any intellectual property rights of the Client for this purpose.

4.2 If YV’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the client or failure by the Client to perform any obligation (Client Default), YV, without limiting its other rights or remedies, will (a) have the right to suspend offering support of a Program until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays YV’s performance of any of its obligations, and (b) not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from YV’s failure or delay to perform any of its obligations as set out in this clause 4.2.

5. FEES AND PAYMENT

5.1 The Fees and timing of payment for the program are as agreed at the time of processing.  The payments will be made using the card supplied by the Client. The fees will remain payable by the client even if it does not complete, access or use the entire Program.

5.2 The Client will pay all amounts due under the Contract in full without any deduction or withholding and the Client will not be entitled to assert any credit, offset or counterclaim against YV in order to justify withholding payment of any such amount.

5.3 YV reserve the right to continue processing payments for any outstanding monies using any of the Client’s card details held on the Clients account.

5.4 Failure to make payment in a timely and collaborative fashion may result in your details and contract being handed to a 3rd party debt collection agency which may affect your credit rating and potential to get future credit.

6. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or arising out of or in connection with a Program and YV Materials will be owned by YV. YV hereby grant the Client with a revocable, nonexclusive royalty-free licence to use YV Materials for the duration of a Program.

7. LIMITATION OF LIABILITY AND DISCLAIMERS:

7.1 YV will under no circumstances be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.

7.2 YV does not provide any legal or medical advice and any information provided to the Client as part of a Program is not intended to constitute such advice.

8. DURATION AND TERMINATION

8.1 The Contract will continue for the length of the agreement.

9. DATA AND INFORMATION

9.1 Client Data shall at all times remain the property of the Client or its licensors.

9.2 Except to the extent YV has direct obligations under data protection laws, the Client acknowledges that YV has no control over any Client Data hosted as part of the provision of the Programs and may not actively monitor or have access to the content of the Client Data. The Client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of the Client Data and that its use (including use in connection with the Program) complies with all applicable laws and Intellectual Property Rights.

9.3 If YV becomes aware of any allegation that any Client Data may not comply with the Acceptable Use Policy or any other part of this Contract YV shall have the right to permanently delete or otherwise remove or suspend access to any Client Data which is suspected of being in breach of any of the foregoing from the Programs and/or disclose Client Data to law enforcement authorities (in each case without the need to consult the Client). Where reasonably practicable and lawful YV shall notify the Client before taking such action.

9.4 Within [60] days of the earlier of the end of the provision of the Program (or any part) relating to the processing of the Client Data, unless otherwise set out in the Contract or subsequently agreed in writing, the Client hereby instructs that YV shall securely dispose of such Client Data processed in relation to the Program (or any part) which have ended (and all existing copies of it) except to the extent that any Applicable Law requires YV to store such Client Data. YV shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any such Client Data undertaken in accordance with the Contract.

10. CONFIDENTIALITY AND SECURITY OF CLIENT DATA

10.1 YV shall maintain the confidentiality of the Client Data and shall not without the prior written consent of the Client or in accordance with the Contract, disclose or copy the Client Data other than as necessary for the performance of the Training Program or its express rights and obligations under the Contract.

10.2 YV shall implement technical and organisational security measures in accordance with gdpr.

10.3.1 YV undertakes to disclose the Client Data only to those of its officers, employees, agents, contractors and direct and indirect subcontractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the Contract or as otherwise reasonably necessary for the provision or receipt of the Program, and

10.3.2 shall be responsible to the Client for any acts or omissions of any of the persons referred to in clause 10.3.1 in respect of the confidentiality and security of the Client Data as if they were YV’s own.

10.4 The provisions of this clause 10 shall not apply to information which:

10.4.1 is or comes into the public domain through no fault of YV, its officers, employees, agents or contractors;

10.4.2 is lawfully received by YV from a third party free of any obligation of confidence at the time of its disclosure;

10.4.3 is independently developed by YV (or any of its Affiliates or any person acting on its or their behalf), without access to or use of such information; or

10.4.4 is required by law, by court or governmental or regulatory order to be disclosed, that clauses 10.4.1 to 10.4.3 (inclusive) shall not apply to Protected Data.

10.5 This clause 10 shall survive the termination or expiry of the Contract for a period of ten years.

10.6 To the extent any Client Data is Protected Data, YV shall ensure that such Client Data may be disclosed or used only to the extent such disclosure or use does not conflict with any of YV’s obligations under the General Data Protection Regulations. Clauses 10.1 to 10.5 (inclusive) are subject to this clause 10.6.

11. GENERAL

11.1 From the date the Contract commences any behaviour displayed by the Client that YV deems as disruptive, threatening, abusive or untenable in anyway, either in person, via email, via social media or any other forms of means of communication either directed at YV, YV’s other clients, YV team members or associates may result in the Client being denied access to aspects of support to the Program. Any monies already paid for the Program will be non-refundable.

11.2 Assignment and subcontracting: The Client will not, without the prior written consent of YV, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract 11.3 Waiver: A waiver of any right under the Contract is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default.

11.4 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, will only be binding when agreed in writing and signed by YV.

11.5 YV gives no warranties of any kind, whether express or implied, for the service it provides under the Contract. Use of any information obtained via YV is at the Client’s own risk. YV makes no warranty whether express or implied as to the accuracy or quality of information obtained through its services.

11.6 Complaints: Please contact Martin@youngvibes.co.uk and we will respond within 48 hours. We don’t currently subscribe to an alternative dispute resolution (ADR) scheme as we’re confident we will always attempt to resolve

any complaint professionally and courteously. If you’ve been in touch and are unhappy with our resolution, please let us know. If you remain unhappy with any final resolution, we’re required to let you know about ADR. The full list of ADR providers, and more information on ADR, can be found on the Chartered Trading Standards Institute (CTSI) website. The list of ADR providers is regulated by the CTSI. If you need advice or wish to report problems with goods or services, bought from a trader based in the UK, the appropriate advice agency is the Citizens Advice Consumer Service which can be contacted on 03454 04 05 06 or from a similar advice agency in the country you abide in.

Cancellation Model 

Form

To : Young Vibes Ltd, Court Farm, Clovelly, Bideford , Devon EX39 5TA.

I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following service:

Portal Only Program*

Coaching Program *

Ordered on :

Name :

Address :

Signature:

Date :

[*] delete as appropriate2