Your Right to Be: Online Courses & Programmes Terms and Conditions
These terms apply to all online courses and programmes (“product(s)”) offered by Erika Chalkley / Your Right To Be (“we,”, “us”, “our”)
Please take the time to read and understand these terms and conditions (“Terms”).
They govern your (“your” or “you”) use of the Your Right to Be product to which you are subscribing (which includes the associated online platforms, e.g. course hub, community, web forums, message groups, etc)
When you sign up for a Product you may be prompted to tick a box to confirm that you agree to these Terms, or you may be sent a link to the terms via an invoice or in other communications as part of your agreement to sign up. Via any of these methods, these Terms form a legally binding contract between you and Erika Chalkley / Your Right To Be. If you do not want to agree to these Terms, we’re sorry but you won’t be able to join the course/programme.
In these Terms, Content means all the content provided by Erika Chalkley / Your Right To Be, including tutorials, courses, videos, audio files, documents, eBooks, sample files and user forum content.
1. Cancellation / Payment Plan Agreement Contract
Payment By Installments
You understand and agree that you have committed to a contract for the full stated purchase amount of the course/programme and you agree to the installment amounts payable by you, at the rate offered at time of purchase, every month until the full amount owing for the programme you selected, is paid in full.
Cancellation of Course/Installments
You may cancel your purchase and/or committment to a course/programme at any time within 14 days of initial payment date. This is known as a ‘cooling off period’. Cancellations during this 14 day period are eligible for a refund of the full amount paid to date, minus any fees incurred by us by any payment processors we use (for both the initial transaction and the refund), and no further installments will be payable. After this 14 day window, cancellation is not allowed, we do not offer refunds for any amounts paid, and the full purchase amount remains payable if you have subscribed/agreed to payment via installments.
The exception to this cancellation policy is when an online product/service is delivered ‘in full’ (meaning you have access via links and/or a password protected portal to the full course content) at the time of initial payment/purchase. In this instance, there is no ‘cooling off’ period applicable and the purchase is non-refundable & non-transferable. This is to prevent users from purchasing a product, downloading or otherwise obtaining the product contents, and then cancelling and expecting a refund.
2. Programme Participation
You must be over 18 years old to sign up for any courses/programmes with Erika Chalkley / Your Right To Be.
Your Course/Programme access is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Course/Programme Content using your username and password.
You are responsible for every use of any online platform associated with the course/programme that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorised use of your username or password.
Course/Programme access is based on payment of installments by their due date. Your access to Course/Programme Content and associated online platforms (e.g. course hub, community space), will be suspended or cancelled if we do not receive your payments on time.
3. Beta Testing/Launches
If you have signed up to a Beta Test/Launch for a product, you understand that elements may be incomplete, missing, there may be system errors, and content is still under review/refinement.
As a beta tester, you are agreeing to participate in feedback sessions or to submit all requested feedback forms/communications in order to share feedback of your experience and honest testimonials, in exchange for a reduced price offering.
4. Availability and Use of the Online Platforms
The Online Platform(s) associated with the product (including but not limited to Course Hub, Community Platform, Website, Landing Pages, etc) will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Online Platform(s) or the provision of the product, for maintenance, technical or other reasons.
When accessing and using the Online Platform(s) and its services and Content, you must comply with directions, instructions or protocols posted on the Online Platform(s).
We are pleased to be able to offer a wide range of exclusive Content on the Online Platform(s) for your educational and learning needs, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Online Platform(s).
5. Rights to Content; Intellectual Property
Each item of Content is copyright of its author. We own any Your Right to Be contributed Content, and all other rights in the Online Platform(s) including its style, compilation and look and feel.
Your subscription to the product gives you a right (a revocable, non-exclusive licence) to use the Content for personal purposes. You must not redistribute Content (such as audio files, eBooks, videos, documents and source files). Any files or other assets associated with Product Content are included to demonstrate the product material. You may use, modify and manipulate files for your own personal educational purposes, but you must not otherwise exploit the files and the assets in them, or redistribute the files or assets.
If you love the Content, please ask your friends to sign up too!
You may freely use the procedures and techniques demonstrated in the Content (that is, the knowledge you gain) for any personal purpose.
The trademarks and logos displayed on the Online Platform(s) are, unless otherwise stated, those of Your Right to Be and others, and you must not use these without the approval of the relevant owner.
6. Conduct.
You also must not:
a. use a false email address, impersonate others, or misrepresent your affiliation with others;
b. insert advertising, branding or other promotional content into the Online Platform(s) or Product documents;
c. attempt to gain unauthorised access to computer systems or materials through the the Online Platform(s);
d. engage in automatic gathering of information from or through the the Online Platform(s) (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
e. attempt to interrupt or alter the the Online Platform(s)’ operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
f. use the the Online Platform(s) or the Product Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
g. except as allowed in these Terms, copy, distribute, transmit, modify or otherwise exploit the Product Content or any other data or code made available through the Online Platform(s).
7. Community Rules
Please read our Community Guidelines if/when you join any of our Facebook groups.
We reserve the right, but are not obliged, to monitor all matter posted to the Online Platform(s). We are not responsible or liable for material posted by others. We do, however, reserve the right to edit, refuse to post, or to remove matter that in our discretion is objectionable or in violation of these Terms, our policies or applicable law.
You must not upload or post any materials that:
a. restrict or inhibit others’ use or enjoyment of the Online Platform(s);
b. are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
c. infringe others’ rights, including privacy or intellectual property rights;
d. disclose personal information about others, particularly sensitive information;
e. contain a virus, spyware, or other harmful component; or
f. contain commercial solicitation or ‘spam’ of any kind.
8. Privacy
Our information collection and use of any personal information about you is set out in our Privacy Policy.
Personal information that you disclose may be used by Erika Chalkley / Your Right to Be, our agents and contractors in relation to your Product participation.
We may disclose any personal information as necessary to satisfy any law, regulation or government request.
9. Refusal, Suspension or Termination of Course/Programme participation
We may, in our discretion, immediately restrict, suspend or terminate your Course/Programme participation and access to the Online Platform(s) if we consider you in breach of these Terms, any stated Online Platform(s) rules, or applicable law.
We reserve the right to refuse participation, at our discretion, for any reason.
10. Video/Audio/Image Consent and Release
From time to time we may use audio, video footage or images of participants of the Course/Programme for purposes outside of the delivery of the subscribed Product (e.g. Marketing, other Products/Services).
This will always be done with discretion and sensitivity.
Unless you explicitly request otherwise in writing, by joining a Course/Programme, you authorise Erika Chalkley / Your Right to Be the right and permission to copyright and/or publish, reproduce or otherwise use your name, voice, and likeness in video, photographs, written materials, and audio-visual recordings and acknowledge and understand these materials may be used for both commercial and/or non-commercial purposes.
There is no time limit on the validity of this release nor are there any geographic limitations on where these materials may be distributed. By joining a Course/Programme you grant Erika Chalkley / Your Right to Be and our employees, agents, licenses, successors, and third-party organisations all ownership rights and irrevocable right and permission to use, copyright, publish, sell, distribute, and/or promote the recorded video, photo, interview, and/or audio.
11. Liability
Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Terms and are not bound by implied terms.
Except as provided in an applicable Non-excludable Law:
a. we do not promise that the Product Content or your access to the Online Platform(s) will be uninterrupted or error-free, that any defects will be corrected, or that the Online Platform(s) or Product Content are free of viruses or any other harmful components; and
b. we make no promises regarding your access to, or the results of your access to, the Online Platform(s) or Product Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Except as provided in an applicable Non-excludable Law, we and our associates/affiliates are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Online Platform(s) or Product Content.
12. Disclaimer (please read carefully)
It is a key element of our work that clients are empowered through consent and self-responsibility.
You are solely responsible for your own physical, mental and emotional well-being during your time in the Course/Programme.
The Course/Programme is solely educational.
It is not counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment and is not a substitute for professional therapy if needed. Nor is it a replacement for advice/services offered by legal, financial, medical or other qualified professionals. It does not prevent, cure, or treat any mental disorder or medical disease. It is your responsibility to seek such independent professional guidance as needed. If you are currently under the care of a health professional, we ask that they are informed promptly about our work together in order for them to continue to support you appropriately.
You agree to inform us upon subscribing to a Course/Programme about any mental or physical health condition that could be impacted during the Course/Programme, and to keep us up to date with any health changes if necessary.
Finally, any decisions, choices, actions and/or results emerging from this programme, along with how you choose to incorporate embodied facilitation principles into areas of your life, handle issues, and implement future choices is down to you.
By joining the Course/Programme you are agreeing to the following statements:
I understand that embodied coaching/somatic practice can stir up strong emotions, and I agree to take personal responsibility for my own wellbeing during my time in the Course/Programme.
I acknowledge that I always have the option to choose whether to participate in any suggested activities or not during the sessions.
I understand that if I have any physical or mental health concerns re: attending any sessions it is my responsibility to consult a qualified medical professional.
I confirm that to the best of my knowledge, I do not suffer from any condition or disability that will or might increase the normal risks associated with embodied practice and that I am fit to participate.
Erika Chalkley / Your Right to Be will not be liable in respect of any personal injury (including, without limitation, serious injury or death) that I may suffer or sustain directly or indirectly as a result of participating in the Course/Programme.
13. Changes to Course/Programme Terms
We may make small grammatical or otherwise minimal changes to these Terms from time to time that do not affect the intention/meaning/impact of the Terms. In this case we will not inform you of the change or the amendments and the Terms continue to apply for so long as you continue to subscribe to the Course/Programme.
If we make significant changes to these Terms, we will notify you of the changes. You will be given the opportunity to cancel your access to the Course/Programme if you do not want to accept the changes. If you do not opt out in this way, your continued use of the Course/Programme and/or it’s associated Online Platform(s) will be considered your acceptance of the updated Terms.
14. Applicable Laws
We control and operate the Site from our offices in the UK. The laws of the UK govern these Terms, and you and Erika Chalkley / Your Right to Be submit to the jurisdiction of the courts there.