Terms
Terms and Conditions
These terms and conditions apply to Services and Online Courses provided by Leah Buckingham Digital Marketing (“LBDM” or “we” or “us” hereafter).
You may contact us on [email protected] and/or 07730609135.
These terms and conditions apply to the sale of any Online Course and/or Services provided by LBDM. Please read these terms and conditions carefully before purchasing an Online Course and/or other Services and print off a copy for your records.
If there is any conflict between these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online Courses and Services.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Online Course or other Services from us.
1. Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
"Account" means collectively the personal information, payment information and credentials used by Users to access Paid Content and/or any System on the Website;
“Bonus Content” means any free Content that is provided by LBDM at their discretion in addition to and to accompany the paid Online courses;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website and/or Online Courses;
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by LBDM to accompany an Online course or as part of any other Services provided in hard copy or electronic form.
“Fees” means the fees paid by you to LBDM for the Online Courses and/or any other Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Courses” means any courses offered/provided by LBDM including but not limited to Instagram Boom, Boom! Impact Society and any future course provided by LBDM;
“Services” means collectively other services offered by LBDM including but not limited to Coaching, Workshops, Webinars and other training and all future services LBDM make available through the Website;
“System”
means any online communications infrastructure that LBDM makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities, email links and Private user groups on social media platforms;
“User” / “Users/ “You” means any third party that accesses the Website and/or signs up to Online Courses and/or other Services and is not employed by LBDM and acting in the course of their employment;
“Website” means: www.leahbuckingham.com and/or www.leah-buckingham.mykajabi.com
“We/Us/Our” means LBDM;
2. The Online Courses/Services
2.1. A description of the Online Courses and Services together with the dates on which the Online Courses will begin are available on our Website. We will provide the Online Courses and the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Online Courses and Services described on the Website without notice.
2.3 We expect you to confirm that the Online Courses and/or Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, from your purchase and completion of any of the Online Courses and/or Services.
3. Ordering Online Courses and/or Services
Purchasing via the Website
3.1. In order to purchase any of the Online Courses and/or Services you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
3.3. When you place an order for an Online Course and/or Service via the Website, you are offering to purchase the same on the basis of these terms and conditions. LBDM reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for the Online Courses and/or Services via the Website or on the telephone we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase the Online Course and/or Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Courses or multiple Services , each individual Online Course and/or Service will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more Online Courses and/or Services will not be acceptance by us of your offer to purchase any other Online Courses and/or Services which make up your order.
4. Account
4.1 An Account is required to participate in the Online Courses and some Services.
4.2 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.3 We recommend that you choose a strong password for your Account. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.4 You must not use anyone else’s Account.
4.5 You must not share your Account details with anyone.
4.6 If you wish to close and delete your Account, you may do so at any time. This must be done by you via the 'my account' section of the website. Requests to cancel via email to LBDM will not be actioned. If you have an active Online Course, your Account will remain active for the duration of the remainder of the Online Course unless cancelled or deactivated by you.
5. Cancellation and Variation
5.1. Subject to clause 5.2 below, where we have accepted / confirmed the Online Course and/or Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 7 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Online Course and/or Services and receive a full refund. For the Reel Impact online course no refunds are permitted.
5.2. If you have purchased an Online Course and have already accessed, downloaded over 50% of the Online Course and/or been provided with some of the other Services by Us then you shall have no right to cancel your order and you will charged the full amount for that Online Course and/or Services.
5.3. Notwithstanding clause 5.1 there is no other right to cancel or vary your purchase of the Online Courses and/or Services and any other cancellation and / or variation of course dates will be at the entire discretion of LBDM.
6. Payment
6.1. The Fees for the Online Courses and/or Services shall be as set out on the Website.
6.2. Unless otherwise specified at the time of purchase the Fees are exclusive of VAT or other local taxes, which will be charged at the prevailing rate.
6.3. Fees for the Online Courses and/or Services selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course or Services commencing unless a payment plan has been agreed with LBDM in advance. In respect of Coaching Services these will be invoiced when requested. Payment of the invoice must be paid in full prior to the Coaching Session taking place.
6.4 We reserve the right to review and modify fees periodically.
7. Liability
7.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
7.2 Participation in an Online Course or being in receipt of the Services is not a guarantee of success or increase in business. We are not responsible for results you do or do not achieve. Likewise, testimonials and examples of other people’s success (used during the Online Course, displayed on the Website or referenced during provision of the Services) are examples and it does not mean you will achieve similar success.
7.3 All content and advice included as part of the Online Courses and/or Services was up-to-date and accurate at the time of recording/creation. We cannot be held liable or responsible for any updates or changes made by individual social media platforms.
7.3. Although LBDM aims to provide the Online Courses and/or Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the Online Courses, Course Materials and/or Servies and any reliance by You on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
7.4. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Online Courses and/or Services. Subject to clause 7.7 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
7.5. LBDM’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Online Courses or Services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Services in relation to which a dispute has arisen.
7.6 To the fullest extent permissible by law, We accept no liability to you or any other client for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website and/or Online Course or the use of or reliance upon any content included on the Website and/or Online Course.
7.7 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website, Online Courses and/or Services or any content included on the Website, Online Courses and/or Services.
7.8 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.9 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
7.10 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.11 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
7.12 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8. Intellectual Property
8.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by the course provider are, and remain, the intellectual property of LBDM or its licensors, whether adapted, written for or customised for the Client or not.
8.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of LBDM on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Course.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Course.
8.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
9. Use of Communications Facilities/ Course Private Facebook Group
9.1 When using any System on the Website or using the Online Course Private Facebook Group you should do so in accordance with the following rules:
9.1.1 You must not use language that may be offensive to other Users;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, or discriminatory;
9.1.3 No Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
9.1.7 You must not impersonate other people, particularly employees and representatives of LBDM; and
9.1.8 You must not use Our System or the Private Course Facebook Group for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that LBDM reserves the right to monitor any and all communications made to Us or using Our System or on the Online Course Private Facebook Group.
9.3 You acknowledge that LBDM may retain copies of any and all communications made to Us or using Our System or on the Online Course Private Facebook Group.
9.4 You acknowledge that any information you send to Us through Our System or via the Online Course Private Facebook Group may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9.5 LBDM reserve the right to remove your access from the online course or any private community group (i.e. Facebook group) for inappropriate conduct, trying to recruit or sell to other members within the group, or for breaking any terms and conditions herein.
10. Change of Website Host
If the Online Courses are moved to a different host platform, all subscribers will receive a new log-in if currently participating in the aforementioned course(s). LBDM will email you with the new login information as soon as is reasonably practicable following the change.
11. Bonus Content
11.1 Bonus content offered with the Online Courses is offered at LBDM’s discretion and can therefore be removed at any time without notice to yourself. LBDM reserves the right to change and update the Bonus Content at any time, again without notice.
11.2 For the avoidance of doubt The Private Facebook Group and Monthly Group Coaching Calls provided with the Coaching Services are offered as Bonus Content and subject to the provisions of clause 11.1 above.
12. Ongoing Access to Online Course Content
12.1 Subscribers to the Instagram Boom! Online Course (rebranded to Boom! Impact Society in June 2022) have access to the content of the course and any updates within it for the life time of the course. It should be noted that LBDM reserve the right to terminate the course at their discretion at any time. If the course is to be terminated, eligible users will receive 30 days notice allowing them to download any content they require. Such content to be held and used in accordance with these terms and conditions.
13. Use of Content
13.1 Purchasing an Online Course grants you a single non-transferable licence to use all Content on the Website for the duration of your subscription. You may use such Content for personal purposes only.
13.2 Commercial use of Content is not permitted. Please contact Us with any enquiries regarding the commercial use of any Content from this Website.
13.3 Under such a licence, you agree that:
13.3.1 You will not use the Content of the Website for commercial purposes unless given Our express written permission to do so;
13.3.2 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
14. Legal Rights and Disclaimers
14.1 We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.
14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.3 When providing digital content to consumers , We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
14..4 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
14.5 If, as a result of Our failure to exercise reasonable care and skill, any digital content from the Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
15. Availability of the Website and Modifications
15.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
15.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
16. Confidentiality
16.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
16.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
16.3. This clause shall continue notwithstanding termination of these terms and conditions.
17. Termination
17.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services or remove your access to the Online Courses with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of LBDM, or any of its clients;
- are in breach of these terms and conditions.
17.2. On termination clause 7 (liability), 8 (intellectual property rights) and 16 (confidentiality) shall continue notwithstanding such termination.
18. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
19. Entire Agreement
These terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
20. Force Majeure
LBDM shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, global or national pandemic and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
21. Privacy
21.1 Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference.
22. How We Use Your Personal Information (Data Protection)
22.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and the General Data Protection Regulations 2018 and your rights under that Act.
22.2 We may use your personal information to:
22.2.1 Provide Our Services to you;
22.2.2 Process your payment for the Services; and
22.2.3 Inform you of new products and services available from Us, if you have given us permission to do so. You may request that We stop sending you this information at any time.
22.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
23. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
24. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
25. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and LBDM.
26. Law and Jurisdiction
26.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
26.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
26.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
27. Communications
27.1 All notices/communications shall be given to Us by email to [email protected] . Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
27.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
Last Updated: 7th June 2022
