Terms and conditions
This page (together with the documents referred to on it) tells you the terms on which we supply any of the products (Products) and courses, workshops, lectures and seminars (collectively, Events) listed on this website (our site) to you, whether we conclude the contract for such supply electronically or by telephone. Please read these terms of supply carefully before ordering any Products or Events from us. You should understand that by ordering any of our Products or Events, you agree to be bound by these terms of supply.
Please understand that if you refuse to accept these terms of supply, you will not be able to order any Products or Events from us.
- Information about us
This site is operated by Lifesmistry. We are registered as Ashta Consulting Ltd in England and Wales under company number 07589104 and have our registered office at The Parks, 55 Blackthorn Road, Ilford, Essex, England, IG1 2NS.
- Your status
By placing an order with us, you warrant that:you are legally capable of entering into binding contracts; and
a. you are legally capable of entering into binding contracts; and
b. you are at least 18 years old.
3. How the contract is formed between you and us
a. Your order constitutes an offer to us to buy a Product, Service or a place on an Event. All orders are subject to acceptance by us and, if we accept your order, we will confirm such acceptance to you by sending you an e-mail (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order
Confirmation (including where you place your order by telephone)
b. The Contract will relate only to those Products, Services and/or Events in respect of which we have sent you an Order Confirmation. We will not be obliged to supply any other Products or Events which may have been part of your order unless and until we send you an Order Confirmation in respect of them.
4. Consumer rights and cancellation
- If you are contracting as a consumer, you may cancel:
a Contract in relation to Products or Services at any time prior to the end of the period of seven working days beginning on the day after you received the Products or Services.
b. a Contract in relation to Events at any time within seven working days, beginning on the day after we send you the Order Confirmation. However, if the Event is to take place prior to the end of that period, then your right to cancel will expire on the start date of the Event.
c. a Contract which is for both Products, Services and Events at any time prior to the earliest to occur of:i. the date which is seven working days after the day on which you receive the first Product; and
ii. the date on which the first Event takes place. In each case, you will receive a full refund of the price paid for the Products, Services or Events in accordance with our refunds policy (set out in clause 8 below).
- To cancel a Contract under clause 4.1, you must inform us in writing. In the case of a Contract for Products, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products and services while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- You will not have any right under clause 4.1 to cancel a Contract which includes the supply of any of the following Products:
a. Products made to your specifications or clearly personalised or which by reason of their nature cannot be returned;
b. audio or video recordings or computer software if they are unsealed after delivery to you;
c. periodicals or magazines; or
d. content which you have downloaded from our site or any other site operated by us.
4. In addition to your right under clause 4.1(b), you may cancel a Contract for an Event which has not yet started. To do so you must inform us in writing at least 2 weeks prior to the start date of the Event, in which case you will receive a full refund.
Unless we agree otherwise, you will not be entitled to cancel a Contract under this clause 4.4:after we have provided you with any downloadable content in
a. after we have provided you with any downloadable content in
relation to the Event; or
b. if you have unsealed any other Products which we have provided to you in relation to the Event.
5. For bookings on Events where we do not require you to pay in full for the Event in advance (including where your place on the Event was a free bonus place for
which you did not specifically pay us a fee), we may require you to pay a deposit in order to secure your place on the Event. In such cases:
a. if you attend the Event, then your deposit will be refunded to you at the Event;
b. if you fail to attend the Event without informing us in writing at least 2 weeks prior to the date of the Event, then your deposit will be forfeited by you and will not be returned to you;
c. if you inform us in writing that you will not be attending the Event at least 2 weeks prior to the date of the Event, then your place on the Event will be cancelled, your deposit will be refunded to you and your bonus place will remain available to you to use in respect of another applicable Event (which may itself be subject to you first paying us a deposit).
6. This clause 4 does not affect your statutory rights.
5. Fulfilment of Contracts
- An order for Products will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
- Events shall take place on the day and at the time and location advertised by us, or on such other day, at such other time and/or at such other location as we may notify you prior to the advertised date.
6. Risk and title in Products
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
- The price of the Events, Products, services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
- Event prices, Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you
an Order Confirmation.
- It is always possible that, despite our best efforts, some of the Products and/or Events listed on our site may be incorrectly priced. We will normally verify prices as
part of our Order Confirmation procedures. If the correct price of a Product or Event is higher than the price stated on our site, we will normally, at our discretion, either
contact you for instructions or reject your order and notify you of such rejection.
- We are under no obligation to provide any Product, Services or Event to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
- If we agree with you that you may pay for Services or an Event in installments, then each installment must be paid by its due date (as notified by us to you).
- If you fail to make any payment due to us by the due date for payment then, without limiting our other remedies, we may:
a. charge you interest on the overdue amount at the rate of 4% per annum above HSBC Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand;
b. charge any reasonable debt collection costs incurred in pursuing the debt, such costs to be payable by you on demand;
c. refuse you entry to any Event (whether or not your booking on any such Event was a free bonus place for which you did not pay a specific fee);
d. refuse to provide you with any Event materials; and/or
e. refuse to provide you with any Products that you have ordered from us, whether or not you have paid for them.
8. Our refunds policy
- If you return a Product to us:
a. because you have cancelled the Contract in accordance with clause 4 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
b. for any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and will notify you of whether we agree that you are entitled to a refund within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
2. If you cancel a Contract for an Event in accordance with clause 4 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Event in full.
3. If we cancel or postpone any Event (or part of an Event) for any reason (including, but not limited to, a Force Majeure Event, as defined below) then:
a. if you paid us a fee specifically for the Event then you will be entitled to a refund of such fee (or, as the case may be, a pro-rated refund in respect of the cancelled or postponed part of such Event); or b. if your place on the Event was a free bonus place awarded to you, or if you otherwise were not charged a fee specifically for the Event, then you will be entitled to a place on any replacement Event (or part Event) provided by us as a result of the cancellation or postponement of the original Event (or part Event), and we shall not in any event have any other liability to you in respect of the cancellation or postponement of the Event. In particular, but without
limitation to the generality of the foregoing and without prejudice to clause 13, we shall have no obligation to reimburse you for any travel, accommodation, subsistence of other costs or liabilities incurred by you in relation to your planned attendance on the Event.
4. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which Events are provided.
- We shall provide such presenters to present Events as we, in our sole discretion, deem fit. We shall be entitled at any time to substitute any presenter with any other person who, in our sole discretion, we deem suitably qualified to present the relevant Event (or applicable part thereof the relevant Event (or applicable part thereof). In such circumstances we shall also be entitled to vary the content of the Event accordingly.
- Personal possessions are the sole responsibility of the customer. We accept no responsibility or liability for anything that is lost, stolen or stolen from venues at which Events take place.
- We may from time to time arrange for attendees on Events to be offered special or discounted rates or benefits from hotels or other third party service providers. We do not guarantee that any such rates or benefits shall be made or shall remain available to you. Accommodation, travel, subsistence and other such arrangements are entirely your responsibility, and will be subject to the terms of business of the applicable external service provider. We shall have no liability in respect of any default by any such provider.
- We reserve the right to exclude you from participating in any Event (or part thereof) if we, in our sole discretion, consider that your participation has been is or would be detrimental to the experience of any other attendee or detrimental to our business. In the event that we exercise this right, we may in our reasonable discretion offer you a refund or part-refund in respect of the relevant Event.
- We may from time to time award free bonus tickets giving access to Events. In respect of such bonus tickets:
a. redemption of such bonus tickets is subject to availability and pre-booking;
b. if in respect of any Product or Event you fail to make any payment due to us by the due date for payment then at our discretion we may declare any such bonus tickets to be void; and
c. without prejudice to clause 4.5, in no event shall any acts or omission by us in relation to any such bonus ticket or any Event booked using any such bonus ticket entitled you to a refund in respect of any Product or Event purchased by you.
10. Intellectual Property
- All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in us and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.
- If you purchase an Event for which we provide you Event materials, we here by grant you a non-transferable, non-exclusive license to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, non-commercial purposes.
- You shall ensure that such course materials are only made available to and accessed by you in accordance with clause 10.2 and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.
- We warrant to you that:
a. any Product purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are
commonly supplied; and
b. we will perform our obligations under the Contract with reasonable care and skill.
- Notwithstanding clause 11.1, we do not warrant that any Event will be complete or error-free.
- All other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by applicable law.
12. Data Protection
- In relation to any personal data provided to us by you or on your behalf, you agree that we may use such personal data to perform our obligations and enforce our rights under any Contract.
13. Our liability
- Nothing in these terms of supply excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
- Our maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product and/or Event giving rise to the claim.
- We will not be liable in contract, tort (including negligence), and breach of statutory duty or otherwise for losses that fall into any of the following categories:
a. loss of income or revenue;
b. loss of business;
c. loss of profits;
d. loss of anticipated savings;
e. loss of data;
f. loss of goodwill;
g. loss of contract;
h. waste of management or office time; or
i. any special, indirect, consequential or pure economic loss which arises out of or in connection with these terms of supply even if we had been advised of the possibility of such loss.
- We shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party.
- You assume sole responsibility for the selection, suitability and use of any
Products or Events.
14. Import duty
- If you order Products from us they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- Products may be dispatched from our fulfillment house anywhere in the world.
15. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us may be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge 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.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received by you and properly served on you immediately when posted on our site, 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. 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 email address of the addressee.
17. Transfer of rights and obligations
a. The contract between you and us is binding on you and us and on our respective successors and assignees.
b. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. In particular, you may not transfer to anyone else your place on an Event.
c. 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.
18. 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 (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation)
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
- 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 of supply, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms of supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
If any of these terms of supply 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.
21. Entire agreement
- These terms of supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms of supply.
- Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of supply (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
22. Our right to vary these terms of supply
- We have the right to revise and amend these terms of supply from time to time.
- You will be subject to the policies and terms supply in force at the time that you order Products or Events from us.
23. Your Security
Lifesmistry takes the security of our users and their information very seriously. This is one of the reasons why we choose to use online credit card processing facilities provided by WorldPay Ltd.
Credit Card payments through systems such as WorldPay’s are inherently more secure than other methods of making credit card purchases, such as telephone orders or giving a card to a waiter in a restaurant.
WorldPay’s payment processing systems are fully secure and use a combination of both industry standard and proprietary techniques to ensure the security and integrity of all sensitive data, protecting both you and us. The WorldPay network uses 2048-bit encryption, with full 128-bit encryption between the browser and the WorldPay network. WorldPay works in close cooperation with many major banks to ensure that their system integrity and security always meet the highest standards.
The WorldPay system is securely linked to a large number of processing banks worldwide, who handle the credit card authorisations and process the transactions in real time. WorldPay servers are certified by Thawte, a public Certificate Authority, who only issue Digital Certificates to servers meeting stringent security requirements. The WorldPay servers consistently meet and exceed these requirements.
We have taken great care to ensure that the security of our users is assured so that you can purchase with confidence.
24. Law and jurisdiction
Contracts 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 such dispute or claim will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Lifesmistry uses your data to process your request for services with us.
We are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
- Data controller – A controller determines the purposes and means of processing personal data.
- Data processor – A processor is responsible for processing personal data on behalf of a controller.
- Data subject – Natural person
- Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example, name, home address or private email address. Online identifiers include IP addresses and cookies.
- Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
WHO ARE WE?
Pradip Mistry is the data controller. This means we decide how your personal data is processed and for what purposes. If you have any queries about how we use your information you can email us at email@example.com or write to:
Pradip Mistry: Lifesmistry 8 Gilbert Road, Chafford Hundred, Essex RM16 6NR
THE PURPOSE OF PROCESSING YOUR PERSONAL DATA
We only use your personal data for the purpose of processing your request for using our services.
THE CATEGORIES OF PERSONAL DATA CONCERNED
We may obtain personal data from you or from someone you have authorised to provide that data to us. We will only obtain data that is necessary to process your request for using our services. The personal data we process may contain the following:
Name, Address, Date of Birth, Contact Details (including email address, phone number and home or business address)
Personal Details in relation to the service you require such as allergies or and special details that may effect your treatment.
SHARING YOUR PERSONAL DATA
Your personal data will be treated as strictly confidential and will be shared only with third parties we use to complete or business operations such as bookkeeper, accountant, bankers and insurance services.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. By law we have to keep basic information about our customers for a minimum of 6 years.
YOUR RIGHTS AND YOUR PERSONAL DATA
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
- The right to request a copy of the personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary to retain such data;
- The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
HOW TO MAKE A COMPLAINT
To exercise all relevant rights, queries or complaints please in the first instance email us at firstname.lastname@example.org or write to:
Pradip Mistry: Lifesmistry 8 Gilbert Road, Chafford Hundred, Essex RM16 6NR
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England
At Lifesmistry we believe in adding value and serving others. Our programmes are intended to help you to make a difference to your life while developing yourself and your business. By law, we cannot and do not make any guarantees about your ability to get results or earn any money with our strategies, teachings, information or ideas.
We want to help by giving great content, direction and strategies that will move you forward. Nothing in our programmes or website is a promise or guarantee of results or future earnings and we expect our programme members to accept and agree that they are 100% responsible for their progress and results from our programmes.
All of our terms, privacy policies and disclaimers for all programmes detailed on our website can be accessed using the links at the bottom of this page. We feel it is important to hold ourselves (and you) to a high standard of integrity.
Thank you for choosing to work with and change the direction of your life and business with Lifesmistry.