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Terms & Conditions

TERMS OF WEBSITE USE

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms of Use, which, together with our Privacy Notice, govern Bubbling Life™'s relationship with you in relation to this website. If you disagree with any part of these terms, please do not use our website.

We may, at any time, and at our sole discretion, modify these Terms of Use, including our Privacy Notice and our Returns and Cancellation Policy, with or without notice to the User. Any such modification will be effective immediately upon publishing. Your continued use of our Service and this Site following any such published modification constitutes your acceptance of these modified Terms.

The term 'Bubbling Life™' or 'us' or 'we' refers to the owner of the website. The term 'you' or 'user' refers to the user or viewer of our website.

The use of this website is subject to the following terms:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.

  • This website uses cookies to monitor browsing preferences. You have the choice to accept or decline such cookies.

  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.

  • All trade marks reproduced in this website which are not the property of, or licensed to the operator are acknowledged on the website.

  • In addition, YOU MAY NOT, except with the express written permission of Bubbling Life™, transmit any information on this website or store it in any other website or any form of electronic or other retrieval system for any purpose whatsoever including emails, ebooks, advertising media, pop-ups, as well as any form of printed media, or cloud storage. 

  • Unauthorised use of any material contained in this website may give rise to a claim for damages and/or be a criminal offence. Any unauthorised use of this website content, including the taking of screenshots, screengrabs, copying, quoting or distribution will incur fees of £5,000 per unauthorised use.

  • From time to time this website may also include links to other websites. These links are provided for your convenience to offer further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

  • Limitation of Liability. BUBBLING LIFE™ WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF BUBBLING LIFE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

WORKSHOPS - General T&Cs

VENUE: You must comply at all times with the venue's policies and rules, especially in relation to fire safety and health and safety rules. You may be required to leave the venue if you do not comply with such policies and rules (and we shall not be obliged to refund you any amounts paid in relation to such workshop/s).

You are responsible for your own belongings that you take to the workshop, and neither Elle Fox nor the venue can be held liable for any loss, damage, theft or destruction of any of your belongings.

If you cause any loss or liability to a third party, you must reimburse us in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at the venue.

The workshop shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of the workshop, no guarantees of any particular results can be made.

There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you attending this workshop.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for this individual workshop in the 12 months preceding any claim.

If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

FORCE MAJEURE: If we are hindered or prevented from performing any contract owing to any cause beyond our reasonable control or by our inability to perform some services, we may at our sole option delay the performance or cancel the whole or any part of the contract and we shall not be held responsible for such delay or cancellation or any inability to deliver.

INTELLECTUAL PROPERTY: Elle Fox is the owner or the licensee of all Bubbling Life™ Intellectual Property Rights and all other rights in the materials and content that we use within the workshops and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of, or otherwise make available to a third party in any way any of the content or materials that we use in the workshops and/or make available to you via email, online, recordings, or hard copies, as part of the workshops. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or materials used in the workshops and/or made available to you via email, online, recordings, or hard copies, only for the purposes for which these were provided.

 

You may not without the prior written consent of Elle Fox make any audio and/or visual recordings of all or any part of our workshops. We may make audio and/or visual recordings and written recordings of our workshops with your permission.

Bookings for Consultations, Courses, Webinars T&Cs

This section tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website Bubbling Life™ (our site) to you. Please read these Terms carefully before ordering any Courses from our site. You should print a copy of these terms and conditions for your future reference.

By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.

1. Information about us

Bubbling.Life is a site operated by Elle Fox TRADING AS Bubbling Life™ ("we" or “us”). Our email address is info[at]bubbling.life.

2. Service availability

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries. 

3. Your status

By placing an order through our site, you warrant and confirm that:

(a)You are legally capable of entering into binding contracts;

(b)You are at least 18 years old;

(c)You are resident in the United Kingdom; 

(d)You are accessing our site from the United Kingdom; and

4. How the contract is formed between you and us

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order is an offer to us to buy a Course.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access or download (the Download Confirmation).  The contract between us (Contract) will only be formed when we send you the Download Confirmation. 

4.2 The Contract will relate only to those Courses whose access or download we have confirmed in the Download Confirmation. We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.

4.3 If you are purchasing a Course as a consumer (as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – namely you are buying the course as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, the following shall apply:

(a) you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at info[at]bubbling.life or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

(b) notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 4.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

(c) in relation to the provision of any additional services under this Contract:

(i)you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

(ii) if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

If you are not purchasing as a consumer, the above provisions shall not apply. 

5. Availability

5.1 Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact info[at]bubbling.life to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course. 

5.2 Any digital materials included as part of the course require the following hardware and software and other functional requirements in order to be fully used:

(a) A reliable internet connection with minimum speeds of 2 Mbps upload/download

(b) A desktop, laptop, tablet, or mobile device equipped with audio and video functionality

(c) A working microphone and camera

(d) Zoom software or mobile application (free version acceptable), installed and operational prior to the course

(e) An up-to-date web browser (e.g. Chrome, Firefox, Safari, or Edge) if accessing Zoom via browser

(f) Adequate device storage to download and access course materials in formats such as PDF

(g) Mobile phones may be used; however, certain features and course materials may be limited or less accessible on smaller screens. It is the participant’s responsibility to ensure that all necessary technical requirements are met in advance of the course start date.

5.3 Any digital materials included in the course may be subject to technical protection measures to prevent unauthorised access, copying, or distribution. These measures may include, but are not limited to: password protection, access via registered user account only, time-limited availability, watermarking, and restrictions on downloading, sharing, or printing. 

6. Title and Intellectual Property

6.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.

6.2 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.

6.3 We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.

6.4 You may not without our prior written consent make any audio or visual recordings of any part of the course.

6.5 The materials we deliver as part of the course do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the materials within the course.

6.6 We will endeavour to ensure that all information that we provide within the course is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

7. Price and payment

7.1 The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.  

7.2 These prices include VAT except where expressly stated otherwise.

7.3 Where your order includes ongoing access to the course materials (for the period stated on the order form), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If you wish to continue to have access to the course materials, you must renew your membership in the manner advised on our site.

7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.

7.5 Payment for all Courses must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course. 

8. Refunds

8.1 As you are able to download, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion.

8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 

9. Our liability

9.1 Our Courses are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply. 

9.2 Nothing in these terms attempt to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).

9.3 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.

9.4 By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:

(a) loss of income or revenue

(b) loss of business

(c) loss of profits or contracts

(d) loss of anticipated savings

(e) loss of data, or

(f) waste of management or office time 

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise.

10. Written communications

You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

11. Notices

All notices given by you to us must be given to ELLE FOX at info[at]bubbling.life. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. Transfer of rights and obligations

12.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.  

14. Waiver

14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

15. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Entire agreement

16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

17. Our right to vary these terms and conditions

17.1 We have the right to revise and amend these terms and conditions from time to time.  

17.2  You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).

18 Law and jurisdiction

Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales. 

 

ANNEX 1

MODEL CANCELLATION FORM

PLEASE NOTE THIS FORM ONLY APPLIES IF YOU ARE PURCHASING A COURSE IN YOUR CAPACITY AS A CONSUMER

To ELLE FOX, T/A BUBBLING LIFE, INFO[at]BUBBLING.LIFE

I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:

………………………………………………………………………………………………………………………………………

Ordered on ………………………………………………………………………………………………………

Name of consumer ………………………………………………………………………………………………………

Address of consumer ………………………………………………………………………………………………………

Signature of consumer ………………………………………………………………………………………………………

Date ………………………………………………………………………………………………………

[* delete as appropriate]

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