Online Course Agreement
This Online Course Terms of Service Agreement is made by and between A Body Vibe and you to govern your use, access and participation in the online course provided by the A Body Vibe on www.abodyvibeacademy.com
1 The Course
A Body Vibe shall provide access to the course on www.abodyvibeacademy.com As a condition of purchasing and participating in any course, you agree to be bound by all policies and procedures set out in this Agreement, including those incorporated by reference. If you do not agree to be bound by this Agreement, please cease your participation in the course immediately.
2 Access to the Courses
2.1. In order to purchase any of the courses, you must register for an account. If you already have an account on thinkific.com, you can log into your account using your name and password.
2.2. If you purchase multiple courses, each course will be treated by us as a separate offer to purchase.
3 Payment
3.1. By selecting a course on the website, you agree to pay A Body Vibe the feeds indicated for that course.
3.2. If you make a purchase on our site, we use a third party payment processor such as Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
For more insight, you may also want to read Thinkific’s Terms of Service here https://www.thinkific.com/resources/privacy-policy/ or Privacy Statement here https://www.thinkific.com/resources/terms-of-service/.
3.3. There are no refunds given, due to the digital nature of the course(s), and therefore all sales are final.
4 Limited License
4.1. By purchasing any course, you are granted a non-exclusive, non-transferable, revocable license to access, view and use the course. You are granted the right to download, store and print single copies of items comprising the course. All ownership rights in the intellectual property related to the course remain with A Body Vibe and you may not use or reproduce any of the content in any manner, without the express written consent of A Body Vibe. Any violation of the copyright or trademark rights of A Body Vibe shall result in immediate termination of access to the course without refund.
5 Course Terms
5.1. You shall have one license to access and use this course under this Agreement.
5.2. You will have lifetime access to the course purchased by you under this Agreement. However, we reserve the right to revoke any license to access and use any course at any point in time in the event that we decide or are obligated to disable access to the course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint or if we determine your use of the course is in breach of this Agreement.
5.3. You understand and agree that the course material may not be shared, copied, and/or redistributed to third parties. The company reserves the right to terminate your access to this course in its sole discretion if A Body Vibe suspects that you have shared the login information with a third party.
5.4. You accept that you will not have any recourse against A Body Vibe if www.abodyvibeacademy.com is down and/or any course is down, either for planned or unplanned maintenance.
5.5. After completion of the course, you will receive a certificate evidencing your participation and completion of the course.
6 Intellectual Property
6.1. A Body Vibe and its licensors shall retain ownership of all courses, content and information on www.abodyvibeacademy.com and it shall remain property of the company. You undertake not to advertise, or redistribute, and or otherwise broadcast, such course, contents, news, and information upon termination of this Agreement.
6.2. Neither A Body Vibe nor any of its directors, employees, or agents warrant that the course and/or website will be uninterrupted or error-free, or give any warranty as to the results to be obtained from the use of the course and or www.abodyvibeacademy.com. In no event will A Body Vibe or its directors, employees or agents (including, but without limitation, special, incidental, or consequential damage) arising from the use, or inability to use (for whatever reason), the course and/or www.abodyvibeacademy.com, including but not limited to damages resulting from loss of data or loss of profits.
7 Indemnification
You agree to indemnify, defend or hold harmless A Body Vibe from any and all claims, liabilities, expenses and damages, including reasonable attorneys' fees and costs, made by any third party related to (a) your use or attempted use of the course and/or www.abodyvibeacademy.com in violation of this Agreement; (b) your violation of any law or rights of any third party.
8 Liability Disclaimer
8.1. A Body Vibe is not responsible for any suspension or interruption of the course and or www.abodyvibeacademy.com or any other part of the system due to force majeure and other factors.
8.2. A Body Vibe does not guarantee that the system is stable and uninterrupted.
8.3. A Body Vibe will only provide you with the service based on its current function and current status and reserves the right to modify all or part of each service function at any time.
8.4. Although A Body Vibe will use reasonable efforts to keep the courses available and the information on courses reasonably accurate, A Body Vibe makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the course for any purpose. All such information, software, products, services and related graphics are provided "as is". A Body Vibe disclaims all warranties and conditions with regard to the information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8.5. A Body Vibe will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and/or consequential loss arising out of or in connection with the website or the information contained in it.
9 Termination
You agree that A Body Vibe, in its sole discretion, may terminate your use of the course or your participation in it, for any reason or no reason, upon notice to you. It is A Body Vibe's policy to terminate in appropriate circumstances the accounts of the users of www.abodyvibeacademy.com who are repeat copyright infringers. A Body Vibe reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through www.abodyvibeacademy.com or to cease providing any part or all of the content or related services, and you agree that A Body Vibe will have no liability to you for such an action. If you no longer desire to participate in our course, and/or www.abodyvibeacademy.com, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon termination of your right to use www.abodyvibeacademy.com, but the other provisions of the Agreements will survive any such termination.
10 Force majuere
Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected my terminate this Agreement by giving written notice of the one (1) week to the affected Party.
11 Assignment and other dealings
Neither party shall without prior written consent of the other party, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.
12 No partnership or agency
12.1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorize any Party to make or enter into any commitments for or on behalf of any other Party.
12.2. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
13 Variation
No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorized representative).
14 Waiver
No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15 Entire Agreement
15.1. This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.2. Each Party agrees that it shall have no remedies in its respect of any statement, representation, assurance or warranty (whether made innocently or negligently), that is it not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
16 Severance
16.1. If any provisions of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
16.2. If there is any inconsistency between this Agreement and the Terms of Conditions, this Agreement will prevail.
17 Notices
17.1. Any notice so served by hand, email or post shall be deemed to have been duly given:
(a) in the case of delivery by hand, when delivered,
(b) in the case of fax or electronic mail on a Business Day prior to 5:00 pm, at the time of receipt;
(c) in the case of prepaid recorded delivery, special delivery or registered post, at 10am on the second Business Day following the date of posting; or
(d) if sent by email, one (1) hour after the email is sent (unless a return email is received by the sender within that period stating that the addressee's email address is wrong or that the message cannot be delivered).
provided that in each case where delivery by hand or by e-mail occurs after 5pm on a Business Day or on a day which is not a Business Day, service shall be deemed to occur at 9am on the next following Business Day. References to time in this clause are to local time in the country of the addressee.
18 Counterparts
This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Agreement.
19 Right of third parties
A person who is not a party to this Agreement shall have no right under any law to enforce any terms.
20 Governing law
The parties shall use all reasonable endeavors to resolve any dispute amicably and in good faith.
This document is governed by and are to be construed in accordance with English Law.
All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the arbitration rules of the London Court of International Arbitration by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be London and proceedings shall be conducted in English.