Term And ConditionsJanuary 10, 2023 2022-12-10 22:02
Term And Conditions
Terms And Conditions
Terms & Conditions of Training with Mindstyle Coaching™
Mindstyle Coaching™ operating under Facelift SARL, Address: Zoghbi 45 Bldg. Pasteur St. Gemmayze, Beirut – Lebanon
The Style Coaching Institute® has internationally registered the trademarks “Style Coach”, “Style Coaching”, “Style Coaching Institute” and their associated logos. Learners who have not completed their training or have not received certification from the Style Coaching Institute® are not authorised to represent themselves as “Style Coaches” or use the Graduates’ Mark of the Style Coaching Institute®. Upon your successful graduation, you will be entitled to use a Graduates’ Mark which allows you to represent yourself as a “Style Coach™” who is a certified graduate of the Style Coaching Institute®. You will also be issued with a License Agreement and a Diploma Certificate.
All educational material (downloaded or physical format), text, images, graphics, music, videos, photographs, trademarks, logos, artwork and other content of the Mindstyle Coaching courses (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content is owned or licensed to the Mindstyle Coaching, Facelift SARL and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.
No digital or printed material from our courses and no Content from the eLearning Platform may be shared with unauthorized persons, reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitised, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Mindstyle Coaching’s prior express written consent.
Mindstyle Coaching reserves its copyright in the live and online (eLearning) courses and all materials and recordings associated with them, and no licence is hereby granted for you, or others acting on your behalf, to copy or distribute, or for you to permit viewing by others, whether in your organisation or otherwise and whether as a commercial activity or otherwise, the live or online courses, any recording of them, or the materials associated with them, including all links to such recordings and materials that may be sent to you.
Upon submitting this Learner Registration Form, you agree not to be directly or indirectly involved with any business that competes with Mindstyle Coaching through offering training courses which educate or certify individuals in either “Style Coaching” or “Image Coaching” or “Personal Styling” (using this specific terminology, or translations of this terminology) and / or making full or partial usage of copyrighted methods, training materials, trademarks, trade secrets and other intellectual property owned by Mindstyle Coaching. This covenant serves to protect the Company’s legitimate business interests in its confidential information and Intellectual Property and extends no further than is reasonably necessary to protect those interests. This covenant does not affect the Learner’s pre-existing business rights or activities.
Unauthorised sharing, copying and reproduction of the Mindstyle Coaching’s Intellectual Property, including content from the eLearning Platform and printed training manuals, is strictly prohibited and the Company reserves the right to recover; loss of revenue, loss of profits and all other costs (including all legal cost) incurred in the enforcement of this clause. Financial damages alone would not be an adequate remedy for the breach of the provisions of this clause and the Mindstyle Coaching shall be entitled to seek any legal remedy or relief to prevent any breach by the Learner and their Employer as is deemed proper by a court of competent jurisdiction. This right shall be in addition to Mindstyle Coaching’s other rights in law or in equity.
Your use of and access to Mindstyle Coaching’s eLearning Platform and the Online or Live Course Content are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
You agree to use the eLearning Platform and access the Online and Live Course Content only for lawful purposes and your use of the eLearning Platform and Online Content and Live Courses is in no way unlawful or fraudulent;
You agree not to distribute all or any part of the eLearning Platform, Online or Live Course Content in any medium without our prior written consent, unless such distribution is offered through the functionality of the eLearning Platform and permitted by these Terms;
You agree not to alter or modify any part of the eLearning Platform or the Online or Live Course Content;
You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the eLearning Platform or any features that
(i) prevent or restrict use or copying of content or
(ii) enforce any limitations on you, the use of the ELearning Platform or access to the Online or Live Course Content;
You agree not to use or access the eLearning Platform, Online or Live Course Content for any commercial uses or for the benefit of any third party, including but not limited to :
i) the sale of access to the Online or Live Course Content or any associated content;
ii) the solicitation of business in the course of trade or in connection with a commercial enterprise; and
iii) the solicitation of any Visitors or Learners of the eLearning Platform with respect to their content for commercial purposes;
You agree to use the eLearning Platform and access the Online and Live Course Content in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the eLearning Platform, Online or Live Course Contents;
You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the eLearning Platform, or Online or Live Course Content;
You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the eLearning Platform (including without limitation the Online and Live Course Content) for any other purpose other than as permitted by these Terms without our prior written consent;
You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and Conditions.
You acknowledge and agree that the form and nature of the eLearning Platform and Online and Live Course Content which we provide may change from time to time without prior notice to you.
You acknowledge and agree that we may stop (permanently or temporarily) providing the eLearning Platform, Online and Live Course Content (or any part of the courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.
You agree never to disclose or share your unique log-in details or Joining Information with unauthorized persons, other Learners, or third-parties. This is considered Confidential Information only to be viewed by the intended recipient.
Mindstyle Coaching shall use reasonable endeavors to ensure that all software introduced onto the Learners’ machines will be free of computer viruses and has undergone virus checking procedures.
Services within the Online Courses Package or within a Live Course event are allocated to a particular named individual and such allocation cannot be transferred to any other person. The Learner may not modify or exchange the Services within the Online Courses Package or Live Courses.
Each course enrolment (either Online or Live Course) is valid for a limited time. Professional styling courses are available for twelve study months. The Style Coach™ Diploma course is valid for twenty-four (24) study months. Each Learner may only use the Services within their Course Package during the twenty-four (24) month study period immediately following the commencement date. Any Services that remain unused will expire on the second anniversary of the commencement date and shall be deemed used. The standard 24-month ‘study period’ acts as a great incentive for students to achieve their goal of graduation within a certain time scale. Although the majority of students graduate within 6 – 12 months. For the appropriate fee, yearly or unlimited study extensions can also be requested, enabling Learners and graduates to have continued access to new content and updated resources when added to the eLearning Platform. All other courses are available for a 6 months period.
Mindstyle Coaching will invoice the Learner in respect of the fees due under their chosen Online or Live Course as applicable.
Mindstyle Coaching is not currently required to charge VAT on services supplied, therefore, the fees do not include VAT. Mindstyle Coaching reserves the right to charge VAT if and/or when it is required to by Governing Law. The Company shall notify the Client of any anticipated changes thirty (30) days prior to the changes taking effect.
Where the Learner’s accounting practices require the use of a purchase order number, the Learner shall provide a valid purchase order number to the Mindstyle Coaching immediately upon the submission of their Learner Registration Form.
Re-examination fees for the Style Coach™ Diploma Course: Standard course fees are inclusive of examination fees (no additional charge), except in the event of two (2) failures of a Learner to achieve the required Pass Grade. One (1) retake shall be permitted without charge, however further retakes shall be chargeable at fifty US dollars (50$).
Re-issue of certified documents fees for the Style Coach™ Diploma Course: Standard course fees are inclusive of one copy of the Learner’s graduation documents sent to them by standard mail, at no additional charge. Learners are responsible for notifying the Mindstyle Coaching of any alterations to the name or shipping address provided at the time of their original registration, as the Mindstyle Coaching shall refer to this registration information when preparing the certified documents. Learners are responsible for ensuring the correct spelling of all names to be included on the certified documents. In the case of spelling or address errors, the Mindstyle Coaching shall accept responsibility for reissuing a second copy of the Learner’s graduation documents, without charge, if the error was made by a staff member at Mindstyle Coaching HQ. However, if the Learner has provided incorrect details, or if a duplicate copy of the graduation documents is desired by the Learner, then a reissue fee of twelve-Great-British-Pounds (£12 GBP) plus a standard worldwide postal fee of five-Great-British-Pounds (£5) shall be chargeable.
Re-issue of certified documents fees for the Style Coach™ Diploma Course (for items deemed missing in transit): Standard course fees are inclusive of one copy of the Learner’s graduation documents, dispatched to the shipping address provided on the Learner’s registration form (unless an alternative address has been requested by the Learner prior to dispatch). Graduation documents are prepared for dispatch within 14 days of the Learner’s graduation. Shipping times can vary, but the Style Coaching Institute holds the expectation that delivery should be completed within 28 business days after dispatch. If the graduation documents fail to arrive within this expected timeframe, the Learner shall be required to confirm their shipping address and a reissuing fee of twelve-Great-British-Pounds (£12 GBP) plus a standard worldwide postal fee of five-Great-British-Pounds (£5) shall be chargeable to the Learner. For some countries, it may be advisable for the Learner to request an upgrade from the standard shipping method to an express courier service. the Style Coaching Institute can send the graduation documents via a worldwide trackable service using DHL. The cost for this varies depending on the shipping destination but a member of staff at Mindstyle Coaching HQ can provide a quote and payment can be made by the Learner via PayPal invoice.
Optional shipping upgrade for physical course books for the Style Coach™ Diploma Course: In the case of Online Courses, the Style Coaching Institute will post a package of physical course materials to the Learner by standard mail, at no additional charge. These bonus course materials are printed copies of the digital course materials (accessible by the Learner online immediately after enrolment). This service can take up to 28 days for locations outside the UK and USA. An Express Courier service is available for an additional fee of fifty-Great-British-Pounds (£50 GBP). This enables the Style Coaching Institute to provide a trackable and guaranteed service to any worldwide address and guarantees delivery within 10 working days.
Optional learning extension fees for the Style Coach™ Diploma Course: Each course enrolment (either Online or Live Course) is valid for twenty-four (24) study months, at no additional charge. If desired, a request for a twelve (12) month extension of the standard twenty-four (24) months’ study period can be requested in writing by the Learner accompanied by the appropriate extension fee of one-hundred-and-twenty-Great-British-Pounds (£120 GBP) for each 12 month extension required. Alternatively, an unlimited extension can be requested for a one-time fee of two-hundred-and-ninety-five-Great-British-Pounds (£295 GBP).
TERMS OF PAYMENT FOR ONLINE & LIVE COURSES
The fees for Services provided by Mindstyle Coaching in relation to the Online Courses shall be due and payable by the Learner a minimum of one (1) Working Day prior to the commencement of the Learner’s course. If the Learner has chosen to pay their course fees using a ‘Pay-As-You-Learn’ monthly payment agreement, please refer to the additional section at the end of these Terms & Conditions.
The full fees for Services provided by the Style Coaching Institute in relation to Live Courses shall be due and payable by the Learner a minimum of eight (8) Calendar Weeks prior to the commencement of the Learner’s course.
Without prejudice to any other rights, the Company shall be entitled to charge interest on overdue payments at the statutory rate, such interest to run from the relevant invoice date until receipt of all outstanding payments in full in cleared funds.
CANCELLATION & REFUND POLICY FOR ONLINE COURSES
Upon receipt of the fees and the corresponding submission of an ‘Enrolment Form’, Mindstyle Coaching shall send by email to the Learner their unique login details for their online materials / eLearning Course Package and a for the Style Coach™ Diploma Course a complete bonus package of printed training books will be ordered on behalf of the Learner (for delivery to the shipping address specified on their Enrolment Form).
Learners are to be fully aware that the Online Courses are digital products delivered via the internet, therefore, once the enrolment process is completed and the Learner’s eLearning login details have been delivered via email, the course shall then be deemed as commenced. The Learner acknowledges that they must waive their consumer rights to a 14-day refund before the digital content (Online Diploma Course) can be provided. Once the Learner’s course fees have been paid the fees are non-refundable and all sales are final.
This no-refund cancellation policy does not affect the Learner’s statutory consumer rights with regards to the product being of satisfactory quality, fit for purpose, and as described. For further information about legislation in relation to Digital Content please refer to Chapter 3 of the Consumer Rights Act 2015.
As a gesture of goodwill, refund requests are considered on a case by case basis and are issued at our sole discretion. If it is within one (1) Working Day of the commencement date, the Learner may be permitted to substitute another Learner by written notification, provided they can show legitimate need for the substitution. In this case, a new ‘Enrolment Form’ would need to be submitted by the substitute Learner. Under no circumstance can a refund request be granted if the Learner has logged onto the eLearning Platform and accessed the digital course files (user access logs are monitored and recorded for training and security purposes).
CANCELLATIONS OF LIVE COURSES
All live courses proposed by the Mindstyle Coaching are to be considered ‘pending’ until sufficient enrolments have been submitted, after which time, the status will be amended to ‘confirmed’.
A minimum of six (6) weeks’ notice will be given to Registered Learners if Mindstyle Coaching has not received sufficient enrolments for a live course to proceed on the proposed commencement date. The status of the course will then change from ‘pending’ to ‘cancelled’ or ‘postponed’.
Mindstyle Coaching does not advise Learners to book any flights or make travel or accommodation arrangements until they have received written confirmation that the course will proceed and is ‘confirmed’. Please be aware that under no circumstance will the Mindstyle Coaching be able to reimburse any costs that may have been incurred, including flights, third-party accommodation, etc. All travel and third-party accommodation expenses are incurred at the Learner’s own risk.
In the event that a course is ‘cancelled’: Registered Learners will be entitled to a 100% refund of any fees paid to Mindstyle Coaching.
In the event that a course is ‘postponed’: Registered Learners will be offered alternative course dates, but if these dates are not acceptable to the Learner, they may instead request a) a full refund, or b) a transfer of any fees paid to an Online Diploma Course (with a partial refund for any overpayment).
At the time of the Learner’s registration, a booking deposit will be required. This deposit is refundable or transferable up to eight (8) weeks before a course is due to start. The full course fees will then be required eight (8) weeks prior to the course commencement date.
Please note that no refund will be made for bookings cancelled, by the Learner, less than eight (8) weeks before the event, or if Joining Instructions have already been dispatched to the Learner via email. No refund will be made for partial or complete non-attendance.
Additional note for Learners travelling from abroad: Mindstyle Coaching shall not be held responsible for any travel visas required by the Learner, and Learners are urged to organise visa applications at least 12 weeks before the commencement date of their course.
GOVERNING LAW AND JURISDICTION
Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access to Mindstyle Coaching courses (printed and digital content) and access to the eLearning Platform or Live Courses, will be subject to the exclusive jurisdiction of the courts of Lebanon. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of Lebanon to resolve any such dispute.
To the extent permitted by law, neither Mindstyle Coaching nor its employees will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person acting omitting to act or refraining from acting in reliance upon the course material or presentation of the course or, except to the extent that any such loss does not exceed the price of the course, arising from or connected with any error or omission in the course material or presentation of the course. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses.
We reserve the right to refuse service to any individual where we have legitimate reasons to do so. Submitting an Enrolment Form (application) to study with us does not guarantee acceptance on one of our courses.
To avoid conflict of interests and risk to our intellectual property rights, applicants agree to disclose on the Enrolment Form if they are involved with a business that competes with Mindstyle Coaching, and we reserve the right to refuse service to any individual under these circumstances. If an applicant submits this Enrolment Form and fails to disclose relevant information, then the services provided by Mindstyle Coaching to the Learner may be terminated at a later date without notice, and the Learner will not be entitled to any refund of fees paid.
The Learner agrees not to be directly or indirectly involved with any business that competes with the Mindstyle Coaching through offering training courses which educate or certify individuals in either “Style Coaching” or “Image Coaching” (using this specific terminology, or translations of this terminology) and / or making full or partial usage of copyrighted methods, training materials, trademarks, trade secrets and other intellectual property owned by Mindstyle Coaching or the Style Coaching Institute. This covenant serves to protect Mindstyle Coaching’s legitimate business interests in its confidential information and Intellectual Property and extends no further than is reasonably necessary to protect those interests.
ADDITIONAL CONDITIONS FOR ONLINE DIPLOMA COURSE ENROLMENTS (WITH PAYMENT PLAN):
If you have chosen our ‘Pay-As-You-Learn’ monthly plan, then this enables you to pay the balance of your course fees in monthly instalments.
You indicate your acceptance of the Terms & Conditions by submitting an Enrolment Form and indicating that you have chosen our ‘Pay-As-You-Learn’ monthly payment plan by ticking the relevant field on the Enrolment Form.
A deposit payment is required in advance of receiving any course materials. The purpose of the deposit is to enable our team to invest time in setting up your enrolment, creating your bespoke payment plan, and covering the cost of your initial set up.
By submitting an Enrolment Form and indicating that you have chosen our ‘Pay-As-You-Learn’ monthly payment plan you also give us your consent to run a credit check on you. We reserve the right to refuse credit at our discretion.
By submitting this Enrolment Form and choosing our ‘Pay-As-You-Learn’ plan, you indicate and confirm your agreement to pay Mindstyle Coaching the total fees of the course you have chosen according to the plan
We accept recurring subscription payments by credit card, western union or bank transfer upon request. You will need to email a member of our team to request our details to send by western union or bank transfer.
By submitting this agreement, all parties agree to the terms as described above. Alterations to this agreement can only be made by both parties and must be placed in writing. Both parties will receive a copy of this agreement, and will be responsible for upholding its terms.
This agreement is legally binding, and failure to meet its terms will entitle the Mindstyle Coaching to take legal action in order to claim any outstanding amounts.
Late payments will incur a fee of $40 USD for every 30 days that they remain unpaid. Insufficient payment and bounced checks will incur a fee of $20 USD.
In the event that a claim is brought against you for non-payment, Mindstyle Coaching shall be entitled to claim interest at the rate of 8% per annum.
Where any payment due to the Mindstyle Coaching is overdue by more than three months, you shall also pay all reasonable expenses incurred by Mindstyle Coaching in obtaining payment in full, including but not limited to legal fees incurred.
It is understood by both parties that in any circumstance whereby you choose not to complete, or are unable for any reason to complete the Online Diploma Course, the terms and conditions of this Payment Plan shall survive, and the above payments must continue to be paid as agreed in this contract.
Where any payment due to the Mindstyle Coaching is overdue by more than three months, you shall not be permitted to continue your studies, or represent yourself as a Style Coach™ (if graduation has already occurred), until your payments are brought up-to-date.
Where any payment due to the Mindstyle Coaching is overdue by more than three months, the Mindstyle Coaching shall be entitled to make a legal claim for the full outstanding balance of the total amount owed.