Online Services Terms and Conditions

SOCIALFLIX, THE MASTERCLASS VAULT, BEAUTY BOSS SOCIAL SCHOOL, 

THE INFLUENCER BLUEPRINT & THE CONTENT BANK


1. Introduction

  1. These terms and conditions (“Terms”) apply to the provision of business related online self-study or group programmes or courses (“the Services”) by Anna Khanna Ltd T/A Socialista Media ( “we”, “us”, “our”) and you, the person or entity purchasing the Services ( “you”), are deemed to accept them when you provide your electronic acceptance of these Terms or when you provide payment of the Fee (as defined below), unless we expressly agree in writing otherwise. For the purposes of these Terms, if you are a corporate entity then “you” shall include your officers, agents and employees and you agree to procure their compliance with these Terms.


  1. These Terms, along with our privacy notice and website terms and conditions, which can be found at www.socialistamedia.co.uk (“Website”), represent the entire agreement between us and apply to the exclusion of any other terms or any previous course of dealing. For the avoidance of doubt these Terms shall take priority over any other documents in the event a conflict arises.


  1. 3.If you access or use any of our free resources whether they are provided directly to you or accessed through our Website, which may include audio files, workbooks, PDFs, introductory or discovery sessions, podcasts or workshops then these Terms will apply to those, except for the clauses relating to payment and consumer rights, if applicable.


  1. The Services
  2. Full details and descriptions of all Services are provided on our Website or specific sales pages.


  1. Any information, support, materials or guidance provided as part of any Service is intended for a group audience and on this basis, you should not rely upon the information as personal to you, unless we expressly advise otherwise. Any information provided will not constitute legal, medical or financial advice.


  1. All Services are intended to be accessed online and no alternative will be provided. You will be responsible for ensuring you have suitable systems in place to access the Services and we shall not be liable to you in the event you are unable to access any part of the Services.


  1. When we deliver the Services, we will deliver them with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that the content is fit for purpose and as described. We shall take all reasonable steps to ensure that access to the Services and any Content (as defined below) is accessible to you at all times, but we shall not be liable where access is temporarily restricted or limited due to routine or unexpected maintenance or an issue arising with a third-party system which is outside of our control.


  1. Should an unforeseen or unexpected event arise which prevents us from providing any access to the Services, then we shall notify you by email. We shall not be liable to you for any failure or delay in the provision of the Services, which is caused by circumstances beyond our reasonable control. In the event such an unforeseen or unexpected event arises which continues for longer than 3 months, then either of us will be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. This does not affect any other right to terminate as set out within these Terms and any relevant pro-rated refund will be at our discretion.


  1. As part of your access to the Services, you may be provided with access to a private area and be required to set up an account. It shall be your responsibility to provide the correct information to create your account and to keep your password or any other access information private, safe and secure. You are responsible for notifying us should you become aware of, or suspect that a third party is aware of your password or access details.


  1. All Services are provided on an ‘as-is’ and ‘as available’ basis. In some circumstances it may be necessary for us to make amendments, revisions or changes to the Services, or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure that the Services still match the original description as detailed on our Website, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to any of the Services.


  1. Your order and purchase of our Services
  2. The clauses below set out how a legally binding agreement is formed between us:
  3. you place an order to purchase a Service by completing the online form or by making a payment to us via our Website or on-line payment page;
  4. once your order is placed, we may send you an acknowledgment email, but this does not mean your order has been accepted;
  5. our acceptance of your order is at our discretion and may not be accepted in cases where there is an error with the Services description or price on our Website or other sales materials, where part or all of the Service is no longer available, or where we feel the Service may not be right for you;
  6. if your order is not accepted, we will notify you by email and provide a full refund of any payment you have made in connection with your purchase; and
  7. if your order is accepted, our legally binding agreement begins when we send your welcome email.


  1. Your Obligations
  2. When you place an order to purchase any Service, you are confirming that you are over 18, that you are legally capable of entering into a legally binding agreement, are entering into the Service in your capacity as a business and that all information you provide to us is true and accurate.


  1. You accept that your access to any of our Services is personal to you and should not be shared with anyone else.


  1. You agree that when you access any of our Services, including any private areas or groups (whether or not password protected) that you will not take any action which seeks to disable or in any way interfere with any of our systems or processes or which tests or seeks to test the vulnerability of any of our systems or processes.


  1. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of any of these Terms and/or your use of or access to any of our Services in any way.


  1. You agree that you will not transfer, or seek to transfer, your rights under these Terms to any other person without our prior written consent.


  1. Complaints or concerns
  2. We want you to be entirely happy with your purchase of any of our Services. In the event you do have any complaints or concerns please get in touch and let us know by email to [email protected]


  1. If you experience a fault or other issue with the Services please let us know immediately by email to [email protected] We shall use our best endeavours to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund.


  1. Fees and Charges 
  2. The price payable for each particular Service (“the Fee”) is as set out on our Website or specific sales page from time to time, save where an obvious error exists. All Fees are exclusive of VAT and you will be responsible for payment of the VAT in addition to the Fee.


  1. Where you wish to make payment for the Services by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Fee, without further notice to you. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Service then you agree to be responsible for payment of the Fee within 7 days from access to the Service being provided.


  1. If we agree to accept payment of the Fee by instalments then you must pay the instalments in accordance with the instalment plan agreed at the time of purchase. Each instalment received shall be credited to the outstanding amount of the Fee owed by you until we have received payment in full.


  1. The Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Service and is not based on your actual usage. On this basis you agree and acknowledge that:


  1. you shall not be entitled to any form of credit to or deduction from the Fee for any lack of usage of your chosen Service on your part: and
  2. the Fee is payable in full and non-refundable save for the circumstances set out in the clause below.


  1. Payment of the Fee is non-refundable unless the following circumstances apply:


  1. you purchase the Services as a consumer and you cancel within the cooling off period as further described in clause 7, below; or
  2. we cancel delivery of the Services (as set out in clause 8.3), in which case you shall be entitled to a partial refund for any of the Services which you have paid for but have not yet received; or


  1. In light of our clear refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with any aspect of your purchased Service then you agree to contact us by email to [email protected] and allow us the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour. 


  1. We reserve the right to vary the price of our Services at any time. The price that is shown on our Website or other Social Media Platforms at the time your purchase is made is the price that you will be required to pay. Any changes made will not affect the price you are required to pay where a welcome email has already been sent.


  1. 6.8.Without prejudice to any other right or remedy that we may be entitled to, where any payment due to us is beyond 7 days overdue then we shall be entitled to suspend delivery of the Services until payment has been made in respect of the outstanding amount.


  1. Your rights when purchasing the Services as a Consumer – the cooling off period
  2. If you purchase any Services as a consumer then you will be entitled to a 14-day cooling off period which begins from the date of your welcome email. If you wish to cancel your order within the 14-day cooling off period then you will be entitled to do so by providing notice in writing to [email protected]
  3. Upon receipt of your notice of cancellation:
  4. if you have not already accessed and/or we have not started delivery of any part of the Services within the 14-day cooling off period, then we shall cancel your order and provide you with a full refund of any Fee you have paid to us; or


  1. if you have accessed and/or we have started delivery of the Services within the 14-day cooling off period, then you acknowledge that you will be responsible for any reasonable costs we have incurred in providing those Services and such costs will be deducted from any refund due to you, or, where payment of the Fee has not yet been made, you will be responsible for proving payment of the pro-rated Fee.


  1. Where we offer you the opportunity to receive immediate access to the Services before the 14-day cooling off period has expired, then if you choose to access the Services immediately, you acknowledge that you will lose your right to cancel in accordance with this clause. This does not affect any other rights you may have as a Consumer. 


  1. If your purchase of the Services includes digital products or services that are available for immediate access then as soon as you access them or begin downloading or streaming, you will waive your right to cancel and will not be entitled to a refund unless a fault exists with that product or service.


  1. Term, Termination and Cancellation 
  2. This agreement between us shall begin when we send your welcome email and it shall continue until the earlier of the completion of the Service or it is terminated in accordance with these Terms. 


  1. You may cancel your access to any purchased Services at any time by providing us with notice in writing by email to [email protected] Please remember that save for the circumstances set out in clause 6.5, no refunds will be made and you will remain liable for full payment of the Fee despite any notice of cancellation.


  1. We may terminate your access to the Services where we are unable to continue providing the Services for any reason. In such circumstances we will provide you with notice in writing and where we have not already provided full access to the Services or where they have not been fully delivered by us, we will provide you with a pro-rata refund in accordance with clause 6.5 above.


  1. We reserve the right to terminate your access to any purchased Service, with immediate effect, by providing written notice in circumstances where you commit a serious or continued breach of your obligations under these Terms.


  1. Upon termination for any reason:


  1. subject to clause 9.4 below, your access to the Services and any other online resources will be removed, unless we agree in writing otherwise. We will not be liable to you for any claims relating to the removal of any access;
  2. all clauses which either expressly or by their nature relate to the period after the delivery of the Services or expiry or termination of the same shall remain in full force and effect, including but not limited to clauses 4, 6, 8, 9 and 10; and
  3. any sum that you owe to us shall become immediately due and payable. 


  1. Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.


  1. Intellectual Property and Data Protection
  2. For the purposes of these Terms, Intellectual Property means all worldwide Intellectual Property Rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs. 


  1. When you purchase our Services, you may be provided with access to materials, tools, videos, resources, documents, workbooks, information, templates, data and other content (“Content”). You accept that we are the owner or licensee of all Intellectual Property Rights and any other rights existing in the Content and that the Content can only be used for your personal use in connection with your access to and use of your purchased Service and no Content should be shared, copied, disclosed, reproduced, published or made available to a third party whether or not for commercial reasons without our express consent. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in any Content to you and you may not use any of our Intellectual Property Rights including but not limited to our trade marks, business names, domain names and any logos without our prior written consent.


  1. You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content for your private and personal use in connection with your use and access to your purchased Service and for the purposes the Service is intended for. Your Licence becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any provision of these Terms.


  1. Subject to your compliance with clause 9.3, you shall be entitled to access the Service and any Content for the lifetime of the Service. For the purposes of these Terms, lifetime of the Service shall mean the period of time that the particular course or programme that you purchase is available to purchase through our Website and for the avoidance of doubt we shall be at liberty to remove the Service at any time (subject to satisfying any remaining programmes or courses).


  1. Any and all personal data that you may provide to us in connection with your purchase of the Services will be processed, collected, used and held in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your personal Information to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow us to complete and deliver the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal Information please refer to our privacy notice which can be found at [email protected]


  1. Any of our obligations arising under this clause, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.


  1. No Guarantee
  2. You agree and understand that use of and access to any our Services does not guarantee any particular results or success. During delivery of our Services, we may provide you with access to information, resources and support all designed to benefit you but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we are not able to guarantee that you will achieve any particular results or success.


  1. Where we share any testimonials or results experienced by other users of the Services these are not intended to represent or guarantee that you will achieve the same or similar results or experience. Your individual success, results and your experience will depend on many factors, including your background, dedication, desire and motivation which are all outside of our control and on this basis, we make no guarantee, representation or warranty with respect to the Services provided.


  1. Liability
  2. When you purchase any Service, you acknowledge and agree that:


  1. these Terms do not constitute or imply any business relationship other than as set out within; and 
  2. any information, support and guidance provided will not be personal to you and should not be taken or relied upon as advice, guidance or information personal to you; and 
  3. you have not relied on any statement, promise, warranty or representation made or given by or on our behalf.


  1. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation. 


  1. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:


  1. 11.3.1.any indirect, consequential or special damages, losses or costs;
  2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
  3. any failure to deliver or provide access to a Service where we are prevented due to a reason beyond our reasonable control; or
  4. where we have informed you of a problem with the Service and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide; or
  5. any losses arising from your choice or use of any Service once delivered.


  1. We do not warrant or guarantee that your access to any Service will be:


  1. 11.4.1.accessible via your particular hardware or software;
  2. 11.4.2.free from interruptions or errors;
  3. 11.4.3.free from defects; and/or
  4. 11.4.4.suitable for your particular business situation or circumstances.


  1. Our entire liability to you shall be limited to the amount of the Fee paid by you at the time any loss is sustained.


  1. Nothing in these Terms seeks to excuse or limit your legal rights as a consumer, where applicable. For further information concerning your legal rights please contact your local Citizens Advice Bureau.


  1. During the term of your available access to the Service and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, our contractors or any part of our business or damage our reputation, or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, our contractors or any part of our business.


  1. In the event a dispute arises in connection with the provision of any Service which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action, if necessary.


  1. Who we are and how to contact us 
  2. All Services will be delivered by the Anna Khanna Ltd T/A Socialista Media. Our registered business number is 10049027. If you would like to contact us you can email us at [email protected]


  1. If we need to contact you, we will use the email address you provide at the time you purchase of the Service. If you change your contact email address it will be your responsibility to notify us so that we can update our records.


  1. Where these Terms refer to the provision of notice, this must be provided to us in writing by email to [email protected] All emails will be deemed served 48 hours after sending.


  1. General
  2. In the event any provision of these Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.


  1. All titles and headings used within these Terms are for reference purposes only.


  1. We shall be entitled to transfer any of our rights and obligations under these Terms at any time without notice to you.


  1. No failure or delay by either one of us in exercising any of our respective rights under these Terms shall be deemed to be a waiver of that right, and no waiver by either one of us of a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.


  1. These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.


  1. Where we deem it necessary to vary or modify these Terms (other than any Fee) then we shall notify you of any changes by email and your continued use of your purchased Service will be deemed as your acceptance of any changes. 


  1. The Contracts (Rights of Third Parties) Act 1999 shall not apply.


Socialista Industry Pro Terms and Conditions 

 


1.              Introduction

 

1.1.          The Terms and Conditions set out below (“Terms”) apply to the delivery of the Socialista Pro Group coaching and mentoring programme (“the Programme”) by Anna Khanna Limited (“us, “we”) and you, the purchaser of the Programme, (“you”, “your”) are deemed to accept them when you place your order to join the Programme and/or provide payment or part payment of the Fee (as defined below).

 

1.2.           These Terms, along with our privacy notice and website terms and conditions, which can be found at www.socialistamedia.co.uk (“the Website”), represent the entire agreement between us and apply to the exclusion of any other terms or any previous course of dealing. For the avoidance of doubt these Terms shall take priority over any other documents in the event a conflict arises.


1.3.           If you access or use any of our free resources whether they are provided directly to you or accessed through our Website, which may include audio files, workbooks, PDFs, introductory or discovery sessions, podcasts or workshops then these Terms will apply to those, except for the clauses relating to payment.


2.              The Programme

 

2.1.          As part of the Programme we agree to provide you with social media related business coaching and mentoring services and support (“the Services”) as set out on our Website and referred to in Schedule 1, attached to these Terms. When we deliver the Programme to you, we will use reasonable skill and care, consistent with best practice and standards applicable within our industry and in doing so we may engage the services of our employees, associate coaches, contractors and such other third-party providers as may be necessary to support us in delivering the Programme.


2.2.           Any information, Content, support, materials or guidance provided as part of the Programme is intended for a group audience and on this basis, you should not rely upon the information as personal to you, unless we expressly advise otherwise. Any information provided will not constitute legal, medical or financial advice.


2.3.           The Programme is designed to be accessed online only and no alternative will be provided. You will be required to have access to Facebook, Instagram, Zoom and Teachable to access some of the Services.


2.4.           Should an unforeseen or unexpected event arise which affects our provision of the Programme or the Services, then we shall notify you by email. We shall not be liable to you for any failure or delay in the provision of the Programme or the Services, which is caused by circumstances beyond our reasonable control. In the event such an unforeseen or unexpected event arises which continues for longer than 3 months, then either of us will be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. This does not affect any other right to terminate as set out within these Terms and any relevant pro-rated refund will be at our discretion having regard to the length of any delay and the extent of the Programme or Service already provided.


2.5.           As part of your access to the Programme, you will have access to a private area within Teachable and be required to set up an account. It shall be your responsibility to provide the correct information to create your account and to keep your password or any other access information private, safe and secure. You should not share your password or access details with anyone else and you are responsible for notifying us should you become aware of, or suspect that a third party is aware of your password or access details.


3.              Your purchase of the Programme

 

3.1.           The clauses below set out how a legally binding agreement is formed between us:

 

3.1.1.       you place an order to purchase the Programme via our Website or by making a payment via our Website or sales page; 

3.1.2.       once your order is placed, we may send you an acknowledgment email, but this does not mean your order has been accepted;

3.1.3.       acceptance of your order is at our discretion and may not be accepted in cases where there is an error with the Programme or Services description or price, where the Programme is no longer available or where we feel the Programme or any of the Services may not be right for you;

3.1.4.       if your order is not accepted, we will notify you by email and provide a full refund of any payment you have made to us in connection with your purchase of the Programme;

3.1.5.       if we accept your order, our legally binding agreement will begin when we send your welcome email. 

 

3.2.           In some circumstances it may be necessary for us to make amendments, revisions or changes to the Programme or Services, or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure that the Programme still matches the original description, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to the Programme or the Services. 


4.              Your obligations 


4.1.           You agree that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.

 

4.2.           You accept that your access to the Programme and any Services is personal to you and should not be shared with anyone else and you agree that you will not transfer, or seek to transfer, your rights under these Terms to any other person without our prior written consent.


4.3.           The Programme is designed to provide you with information, tools, materials and skills to assist you in developing your social media management business and whilst coaching and mentoring support is provided, such support is not intended to be a substitute for counselling or any other therapy service. If you are currently seeking medical or other professional help concerning your mental health or if you are unsure as to your mental capacity to participate in the Programme then you should seek advice from a relevant medical professional and inform us if appropriate and relevant. We reserve the right to suspend your access to the Programme where we have concerns as to your suitability to safely participate and engage. Following such action, we will arrange to speak with you to discuss the matter and to determine whether the suspension will be made permanent. Where we consider that continued provision of the Programme is unsuitable or unsafe then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion having regard to the particular circumstances and the extent of the Programme already provided.


4.4.           As part of your participation in the Programme you may be required to review and make decisions concerning your business and career, finances, lifestyle and education and development. You accept that any such reviews, decisions or subsequent action will be your sole responsibility and that we shall not be liable if you fail to make any decisions or put into action any plans or strategy.


5.              Accessing groups and sessions


5.1.          The Programme will include group sessions (“Sessions”) as detailed on our Website and in Schedule 1. All Sessions will be delivered via Zoom or other online meeting facility and the Session dates and times will be confirmed to you by email, or as otherwise agreed.

  

5.2.           It will be your responsibility to check for emails and posts concerning the scheduling of Sessions. We regret that no alternative or replacement dates or times or refunds will be offered if you are unable to attend a Session for whatever reason. All Sessions will be recorded and made available in the portal so you will have the opportunity to catch up by accessing the recording. 


5.3.           Should a situation arise where we need to reschedule a Session then we will make all reasonable attempts to provide as much notice as possible.


6.              Your conduct and behaviour during delivery of the Programme


6.1.           It is really important to us that everyone accessing the Programme feels safe and comfortable and therefore we ask that you agree to conduct yourself in a reasonable and responsible manner at all times when attending any Sessions or when using the private Programme Facebook group (“the Group”) and not to act in a manner which may cause offence, distress or alarm to any other individual accessing the Programme (“Client”).


6.2.           When you use and/or access the Programme including the Services and Sessions, or the Group you agree:


6.2.1.             not to use them for any unlawful purpose;

6.2.2.             not to record any part or capture or share images of any Client without their express permission;

6.2.3.             not to impact the delivery of the Programme to you or another Client;

6.2.4.             not to share information, whether expressed to be confidential or not, that is shared by a Client;

6.2.5.             not to canvass, promote or advertise your own products or services to any of our employees, contractors or any Client without our written consent;

6.2.6.             not to act or behave dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation;

6.2.7.             that you will not upload, post, transmit or otherwise make available any content or materials that:

a)           infringe any copyright, trademark, or other Intellectual Property rights (as further defined below) belonging to us or any Client; 

b)          are by their nature defamatory, libelous, obscene, demeaning or which cause offence to us or any Client, whether intended or not;

c)           disclose personal and/or confidential or sensitive information about another person;

d)          is threatening or causes a Client to feel harassed or in fear; and/or

e)           is classed as spam.

 

6.3.          Where we consider, in our reasonable opinion, that you are in breach of clause 6.2 above then we reserve the right to suspend your access to the Programme, including any Services, Sessions and the Group. Following such action, we will arrange a meeting with you to discuss the matter and to determine whether your access will be removed permanently. Where we decide to withdraw access permanently then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion having regard to your actions and the extent of the Programme or Service already provided.


6.4.          If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any Sessions or the Group, or during the delivery of any aspect of the Programme then we ask that you notify us as soon as possible so that we may investigate and take action accordingly.


7.              Payment terms 


7.1.          The total price of the Programme is as set out in Schedule 1 (“the Fee”). The Fee is exclusive of any value added taxes (“VAT”) and you will be responsible for payment of applicable VAT in addition to payment of the Fee.


7.2.          Where we agree to accept payment by instalments, then you must pay the instalments in accordance with the instalment plan agreed at the time of your purchase of the Programme. Each instalment received shall be credited to the outstanding amount of the Fee owed by you until we have received payment of the Fee in full. You agree and acknowledge that you are liable to provide full payment of the Fee notwithstanding any instalment plan that may be agreed between us and that you will remain responsible for payment of the entire Fee, despite any cancellation, lack of usage of the Programme or other circumstance arising, until the Fee has been paid in full or we agree otherwise. Your entitlement to lifetime access to the Programme, as set out in clause 14.4 below, arises only upon full payment of the Fee. Where any payment of the Fee or any instalment of the Fee is outstanding, then we reserve the right to terminate your access to the Programme in accordance with these Terms. 

 

7.3.          Time for payment of the Fee or any instalment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment of the Fee, or the first instalment of the Fee, must be received by us before you are entitled to access the Programme.  

 

7.4.          If you choose to pay by credit or debit card then you authorise us to charge your payment method. If it is rejected or fails but you have still received access to the Programme you agree to provide full payment within 7 days from the date of the rejected or failed payment.

 

7.5.           The Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Programme and is not based on your actual usage and/or level of attendance. On this basis you agree and acknowledge that:

 

7.5.1.      you shall not be entitled to any form of credit to or deduction from the Fee for any missed Sessions, non-attendance or lack of usage of the Programme on your part: and

7.5.2.      the Fee is payable in full and non-refundable save for the circumstance set out in the clause below.

 

7.6.          Payment of the Fee and any deposit is non-refundable unless we cancel delivery of the Programme (as set out in clause 12.2), in which case you shall be entitled to a partial refund calculated on a pro-rata basis having regard to the proportion of the Programme which you have paid for but have not yet received. This does not affect your statutory rights.

 

7.7.           In light of our clear refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with any aspect of the Programme then you agree to contact us by email to [email protected] and allow us the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour. 

 

7.8.           We reserve the right to vary the price of our Programmes and Services at any time. Any changes will not affect you and the Fee you are required to pay, if you have already made payment and we have sent your welcome email.

 

7.9.           Without prejudice to any other right or remedy that we may be entitled to, where any payment due to us is beyond 7 days overdue then:


7.9.1.      We shall be entitled to suspend your access to the Programme until payment has been made in respect of the outstanding amount; and 

 

7.9.2.      interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest and any charges) is received. Interest will be calculated on the outstanding amount at a rate of 5% over the Bank of England’s base rate from time to time.

 

7.10.        In the event any payment due to us is beyond 14 days overdue then we shall be entitled to terminate our agreement and your access to the Programme and any Services, and instruct a collection or legal agent to seek recovery of the Fee and charges along with interest and any accrued costs incurred.


8.              Complaints or concerns

 

8.1.           It is important to us that you are entirely happy with the Programme and the Services. Should you have any complaints or concerns please let us know by email to [email protected] and allow us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.

 

8.2.           Upon receipt of any complaint or concern, we will confirm receipt by email and follow our internal complaints handling procedure to investigate and deal with the matter. We reserve the right to vary or re-perform the Services where we consider a concern is justified and in such case these Terms will apply to any re-performed Services.


8.3.           Nothing in this Agreement affects any statutory rights that may apply to you.

 

9.              No Guarantee


9.1.           You agree and understand that your use of and access to the Programme does not guarantee any particular benefit, results, or success whether financial or otherwise. During delivery of the Programme, we will provide you with access to information, resources and support all designed to benefit you, but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on individual factors which are personal to you such as your experience, dedication and effort, all of which are outside of our control and we are not able to guarantee that you will achieve any particular benefit, results or success.


9.2.           We have made every effort to accurately represent the Programme and the included Services. Any testimonials and/or examples of results achieved or previous Clients’ experiences, including the potential to achieve specific financial results are not intended to represent or guarantee that you will achieve the same or similar results or experience. Any reference to earnings or income is an estimate only and not a guarantee that you will achieve any particular level of income or any financial results at all. Any examples of past achievements, including financial results, do not indicate, suggest or guarantee that the same is possible in the future. We make no guarantees as to the results you may achieve and your individual success, results and your experience will depend on many factors, including your background and experience, dedication and effort and your individual desire and motivation all of which are outside of our control and on this basis, we make no guarantee, representation or warranty with respect to the Programme or the Services provided. 


9.3.           Any information or content provided on our Website or provided to you during delivery of the Programme is not intended to constitute advice and should not be relied upon when making any decisions or taking any action. 


9.4.           You accept that starting, building and managing a business involves time, effort and resources and there are inherent risks which could affect your experience and your results. Your experience, your results and your earning potential is entirely dependent on you and whilst we can provide resources to support you, we are not responsible for any outcomes or results.


10.           Non-solicitation and non-competition


10.1.        For the duration of your access to the Programme and for a period of 6 months afterwards you agree NOT to:


10.1.1.       solicit or attempt to solicit any Client without our express consent, such consent not to be unreasonably withheld;

10.1.2.       employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, associate coaches, contractors or freelancers that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld. 


11.           Accreditation

 

11.1.        As part of the Programme you will be offered the opportunity to achieve accreditation as a CPD accredited social media manager (“ASMM”).  In order to become an ASMM you will be required to successfully complete the accreditation process to demonstrate your competency.


11.2.         The accreditation process is as follows:


11.2.1.          Completion of all 6 Programme modules; and

11.2.2.          Completion of all practical assessments.


11.3.        If you fail to successfully complete the assessment then you will be entitled to undertake one further assessment at no additional cost to you. We reserve our rights to charge a fee in respect of our time and to cover administration costs for any further assessment attempts should your first reassessment be unsuccessful.


11.4.        The decision to certify you as an ASMM shall be at our absolute discretion. We make no guarantee that you will successfully achieve accreditation. Any appeals concerning our decision should be made in writing and emailed to [email protected].


11.5.        No refunds will be provided where a decision is made not to provide you with the accreditation, although we may offer you the opportunity to retake the assessment or certain elements of the Programme again at no extra cost if you have fully complied with the Programme, attended all Sessions and have completed all assessments and tasks provided, any such decision shall be at our absolute discretion.


11.6.        You will have a period of 6 months from the date of the first Programme Session to complete your assessment and any reassessments. After this date you will only be entitled to complete your assessment or any reassessment with our express consent in writing.


12.           Cancellation and Termination

 

12.1.        You may cancel your access to the Programme and end this Agreement at any time by providing us with notice in writing by email to [email protected] Please remember that unless the circumstances set out in clause 7.6 apply, no refunds will be providedand you will remain liable for full payment of the Fee despite any notice of cancellation.


12.2.        We may terminate your access to the Programme and the Services where we are unable to continue providing the Programme for any reason. In such circumstances we will provide you with notice in writing and where we have not already provided full access to the Programme and/or Services or where they have not been fully delivered by us, we will provide you with a pro-rata refund in accordance with clause 7.6 above.

 

12.3.        We shall be entitled to terminate your access to the Programme, with immediate effect and without refund of any Fee, whether paid or remaining due and payable if we reasonably determine that:


12.3.1.    You have committed a material breach of any of your obligations under these Terms; or

12.3.2.    You have failed to provide payment of any sum due to us as and when it becomes due; or

12.3.3.    You have become subject to a bankruptcy, insolvency or similar financial order or process affecting you or your business; or

12.3.4.    You have acted or behaved dishonestly, fraudulently or in a way which we reasonably consider may have a detrimental effect on our business or reputation; 

 

12.4.        Upon termination of this Agreement, for any reason then:


12.4.1.       Subject to clause 14.4 below, your access to the Programme, Services, the portal, any private social media accounts, the Group and any other online resources will be removed, unless we agree in writing otherwise. We will not be liable to you for any claims relating to the removal of any access;

12.4.2.       any Fee or other monies which you owe to us will become immediately due and payable;

12.4.3.       any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Programme and Services have been delivered, shall remain in full force and effect, in particular clauses 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17; and

12.4.4.       you will upon request, return or destroy any Content or Confidential Information (as defined below) which belongs to us.

 

12.5.        Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.

 

13.           Confidentiality


13.1.        The protection of confidentiality is very important to us that is why when you disclose or share any information it will be kept strictly confidential.

 

13.2.        Where any information is disclosed to you, or where it is disclosed by a Client you agree that the information belongs solely and exclusively to the person disclosing it, and that you will keep it strictly confidential and not:

 

13.2.1.       disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;  

13.2.2.       use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

 

13.3.        The obligations above exclude any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.

 

14.           Intellectual Property

 

14.1.        For the purposes of this Agreement, Intellectual Property shall mean all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs. 


14.2.        When you purchase the Programme, you may be provided with access to materials, tools, videos, resources, documents, workbooks, information, templates, data and other content (“Content”). You accept that we are the owner or licensee of all Intellectual Property Rights and any other rights existing in the Content and that the Content can only be used for your personal use in connection with your access to and use of the Programme and the purchased Services and no Content should be shared, copied, disclosed, reproduced, published or made available to a third party whether or not for commercial reasons without our express consent. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in any Content to you and you may not use any of our Intellectual Property Rights including but not limited to our trade marks, business names, domain names and any logos without our prior written consent.

 

14.3.        You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content for your private and personal use in connection with your participation in the Programme and for the purposes the Services are intended for. Your Licence becomes valid upon full payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any provision of these Terms.


14.4.        Subject to your compliance with clause 14.3, you shall be entitled to access the Programme and any Content for the lifetime of the Programme. For the purposes of these Terms lifetime of the Programme shall mean the period of time that the Programme is available to purchase through our Website and for the avoidance of doubt we shall be at liberty to remove the Programme at any time (subject to satisfying any remaining courses).


15.           Your Personal Information


15.1.        Any personal information you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your personal Information to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow us to complete and deliver the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal Information please refer to our privacy notice which can be found at www.socialistamedia.co.uk.


15.2.        In connection with the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By accessing the Programme and Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so at any time by emailing us at [email protected].


15.3.        Any of our obligations arising under this clause and under clauses 13 and 14 above, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.

 

16.           Reviews and Testimonials 


16.1.        If you share comments, information, content, photographs, graphics or images (“Client Content”) you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing. When sharing Client Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s Intellectual Property or other rights.


16.2.        If you provide us with a testimonial, review or similar (“Review”) then by doing so you are providing your consent for us to exhibit, copy, publish, distribute, use on our Website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing [email protected]


17.           Liability


17.1.        When you purchase the Programme, you acknowledge and agree that:


17.1.1.       these Terms do not constitute or imply any business relationship other than as set out within; and 

17.1.2.       any information, support and guidance provided will not be personal to you and should not be taken or relied upon as advice, guidance or information personal to you; and 

17.1.3.       you have not relied on any statement, promise, warranty or representation made or given by or on our behalf.


17.2.        Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation. 


17.3.        We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:


17.3.1.       any indirect, consequential or special damages, losses or costs;

17.3.2.       any loss of profits, business, data, reputation or goodwill or any such anticipated losses;

17.3.3.       any failure to deliver the Programme or provide access to the Services where we are prevented due to an event beyond our reasonable control; or

17.3.4.       where we have informed you of a problem with the Service and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide; or

17.3.5.       any losses arising from your choice of Programme or your use of the Services once delivered


17.4.        We do not warrant or guarantee that your access to the Programme or any Service will be:


17.4.1.    accessible via your particular hardware or software;

17.4.2.    free from interruptions or errors;

17.4.3.    free from defects; and/or

17.4.4.    suitable for your particular business situation or circumstances.


17.5.        Our entire liability to you shall be limited to the amount of the Fee paid by you at the time any loss is sustained.


17.6.        During the term of your available access to the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or any Client, or damage our reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or any Client.


17.7.        In the event a dispute arises in connection with the provision of the Programme which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action.


18.           Who we are and how to contact us


18.1.        The Services shall be delivered by Anna Khanna Limited. Our business address is Innovation House, 72b Liverpool Road, Crosby, Liverpool L23 5SJ and our business registration number is 10049027. Should you wish to contact us then you can email us at [email protected] or alternatively you can write to us at the postal address above.


18.2.        If we need to contact you, we will use the email address you provide at the time you purchase the Programme. If you change your contact email address it will be your responsibility to notify us so that we can update our records.


18.3.        Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email address referred to above.  All emails will be taken as delivered 48 hours from valid transmission.


19.           General


19.1.        The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).


19.2.        In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.


19.3.        We shall be entitled to transfer any of our rights and obligations under these Terms at any time without notice to you.


19.4.        These Terms represent the entire agreement between us and supersede all other negotiations, drafts, correspondence and discussions prior to you purchasing the Programme.


19.5.        You agree that we have made no other representations to you to induce you into purchasing the Programme.


19.6.        Where we deem it necessary to vary or modify these Terms (other than the Fee) then we shall notify you of any changes by email and your continued use of the Programme and/or the Services will be deemed as your acceptance of any changes. 


19.7.        Save as provided for in clause 17.6, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.


19.8.        These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.


 

Schedule 1

 

 

A.     Description of Services


The Socialista Industry Pro’ programme is a social media coaching, mentoring and business support programme designed to support you in accelerating your social media management business success.


When you sign up you can expect to receive:


1.     Access to 6 x bi-weekly (2 per month) social media related modules;

2.     Access to 6 x bi-weekly (2 per month) live group coaching/mentoring Sessions lasting up to 60-minutes each;

3.     2 x guest expert sessions;

4.     Access to 1 x group Instagram analysis;

5.     Access to a dedicated Socialista Pro private Facebook group for 6 months starting from the date of the first group Session;

6.     Lifetime Access to Socialista Media’s SocialFlix Boxset via teachable;

7.     Lifetime Access to Socialista Media’s Content Bank via teachable;

8.     1 x Legal contract template;

9.     1 x Socialista Stationary pack;

10.   20 x social media related Canva Templates;


Full details of what is provided as part of the Programme is as set out on our Website.


During Sessions you may have the opportunity to be selected for Instagram analysis or as a hot seat participant. Selection will made at random and there is no guarantee that you will be selected. 


Life time access is as defined in the Terms above.



B.     Payment terms 


The Fee for the Programme is £2,497 plus VAT. You shall be responsible for payment of the VAT in addition to the cost of the Programme.


Payment of the Fee can be made in one upfront payment or by agreed instalments. 


Where we agree to accept payment of the Fee by instalments the instalments must be paid in accordance with the instalment plan agreed at the time of purchase of the Programme. You will remain liable for payment of the Fee until all instalments have been made.



C.     Timetable


The Programme is intended to be accessed over a 12-week period.


Delivery of the Programme shall begin on the date set out on the Website or as otherwise confirmed to you by email.