The terms and conditions set out below (“Terms”) apply to the provision of the Enlightened Energy Foundation Course (the “Course”) which will be provided by Emma Bushell t/as the Universal Academy of Enlightened Energy (“We”, “Us”) any you, the person or entity purchasing the Course, 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).

 

These Terms, along with our privacy notice which can be found at www.emmabushell.com, represent the entire agreement between us and apply to the exclusion of any other terms or previous course of dealing.

 

1. Definition and Interpretation

 

1. 1. Within these Terms, unless otherwise stated, the following expressions have the following meanings:

 

Certification	means the certificate of completion which is provided to all Clients that successfully complete the Course.
Client	means an individual who has purchased the Course and/or is accessing the Course;
Client Content	means any comments, reviews, testimonials, graphics, images, content, in all formats which includes but is not limited to audio, written and video or any other information provided to us by a Client.
Content	means any materials, tools, documents, data, manuals, audio recordings, videos, PDF’s, e-books, journals, feedback forms, resources, worksheets, workbooks, coaching, mentoring, teaching or self-development tools and any other information and content which we may provide Clients with access to in connection with, or as part of, the Course.
Fee	means the total cost of the Course excluding any additional administration costs or reassessment costs, where applicable.
Intellectual Property	means any copyright, database right, design right, patent, registered design, service mark, trade mark and any application for any of the above whether current or pending and whether in the UK or any other part of the world.
Modules	means the individual teaching and information units which together make up the Course. The Course consists of 9 Modules in total (8 learning Modules and 1 assessment Module). Consecutive Modules will only be available for access once the previous Module has been fully completed. All Modules, along with the assessment criteria, must be completed in order to successfully complete the Course.
Personal Data	means any information which is capable of identifying another individual as further defined within the GDPR and the Data Protection Acts 1988-2018.
Sessions	means all virtual lessons, training or teaching sessions, audio and/or video sessions offered as part of the Course.

 

2. The Course

 

1. 1. By choosing to purchase the Course you are confirming 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.

 

1. 2. The Course is an online, self-paced, self-study course consisting of 9 Modules. In addition to access to the Modules, you will receive a reflective e-book to journal and record your progress and undertake the required assessments. Each Module includes Sessions and a reflective assessment.

 

1. 3. You will need access to the Internet, Zoom, Kartra and such other online platforms and/or applications as we advise in order to fully access the Course. You will be responsible for ensuring you have suitable systems in place to access the Course and we shall not be liable to you in the event you are unable to access any part.

 

1. 4. The Course is provided entirely virtual and in English only and no alternative is available.

 

1. 5. You accept and understand that your access to the Course is personal to you and should not be shared with anyone else.

 

1. 6. Any information, Content, support or guidance we provide to you as part of the Course is intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise, and it does not constitute legal, medical or financial advice. If you require any contact or support which is over and above the support included as part of the Course then this may be offered at our discretion but will require separate terms and payment arrangements and is strictly subject to availability.

 

1. 7. When we deliver the Course, we will deliver it 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 Course and any Content 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. 8. Should an unforeseen or unexpected event arise which prevents us from providing any access to the Course, then we shall notify you by email. We shall not be liable to you for any failure or delay in the provision of the Course 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. 9. The Course is 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 Course, 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 Course still matches the original description as detailed on our website at www.emmabushell.com, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to the Course or any part of the Course.

 

1. 10. You accept that to obtain maximum benefit from the Course and the opportunity to obtain CPD certification that you shall be responsible for participating fully in the Course, completing all of the Modules including the reflective assessment and final feedback form and communicating with us openly and honestly throughout.

 

1. 11. When you participate and use the Course you will have the opportunity to access powerful information, tools, materials and skills and you agree to treat this information responsibly and use it responsibly, ethically and for your personal use only.

 

1. 12. Should we determine that, in our reasonable opinion, that you have acted in a way which breaches any relevant ethical or moral guidelines, CPD requirements or any code of conduct or other guidance we may provide to you from time to time then we shall be entitled to revoke your access to the Course and your licence to use any Content, without refund.

 

1. 13. Following your successful completion of the Course you may be provided with the opportunity to access ongoing support and guidance from us. Further details are available upon request and additional fees will apply.

 

3. Your welfare when using the Course

 

1. 1. We created the Course to provide you with the information, tools, materials and skills to support you in better understanding your awareness of your connection to yourself and your connection with multi-dimensional energy and the Content provided should not be used for any other purpose. Whilst some of the Content in the Course can be used for personal development purposes, it should not be seen as a substitute for counselling or other therapy services, or as an alternative to any existing medical treatment that you are undergoing or may require. If you are currently seeking medical or other professional help concerning your physical or mental health, or if you are unsure as to your physical or mental capacity to fully and safely participate in the Course, then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant. You should not stop taking any medications or undertaking any medical treatments without first speaking to your qualified medical or healthcare provider.

 

1. 2. Where we provide access to Content which can be used for personal development purposes it will only be Content which we are qualified and insured to provide. Whilst we strongly believe in the benefits of any energy, spiritual and/or self-development related Content that we share, the results and outcomes which you may experience will vary and are not guaranteed.

 

1. 3. During your participation in the Course, you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Course you are confirming to us that you are mentally well enough to do so and that you understand that you are, and will remain at all times, personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your access to the Course and we reserve the right to terminate your access where we have concerns as to your suitability to safely use it.

 

1. 4. We are not qualified medical or health practitioners and do not provide medical consultations or advice relating to medical, psychological, psychiatric or any health conditions. If you require information or assistance concerning any medical or health related issue then you should seek the advice of your qualified medical practitioner.

 

1. 5. During your participation in the Course, you will be encouraged to participate in reflective practices and such practices may mean that you begin to review or reflect on issues concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness. You accept that any such reflections, reviews, subsequent decisions, implementation and/or action will be your sole responsibility and that we shall not be liable for any conclusions drawn, decisions made or your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your use or access to the Course.

 

1. 6. Use and participation in the Course is voluntary and at your own risk. You agree to inform us if at any time you feel uncomfortable or unsafe with any aspect of the Course or if you have any concerns with the delivery of the Course or your ability to use or access the Course.

 

4. CPD Certification

 

1. 1. As part of the Course, you will be offered the opportunity to obtain a certification of completion from CPD. To obtain your certification you will need to successfully complete the qualification criteria below:

 

1. 1. 1.     Completion of all Modules; and
      2.     Submission of all modular feedback questions; and
      3.     Completion of final feedback form for assessment.

 

1. 2. If you do not complete the above criteria in full you will be entitled to a second opportunity to successfully complete the criteria at no additional cost to you. Should your second attempt be unsuccessful then we reserve our rights to charge a reassessment fee, in accordance with clause 6.8 to cover our time and administration costs for any further attempts.

 

1. 3. If you have any disabilities or there are other reasons or circumstances which may affect your successful completion of the Course you should contact us so that we can consider, as far as possible, any reasonable adjustments to allow you to complete the Course.

 

1. 4. The decision to award any certification shall be at our absolute discretion. We make no guarantee that you will successfully achieve any accreditation as a result of your participation in the Course. Any appeals concerning accreditation decisions should be in writing and sent to hello@emmabushell.com.

 

1. 5. No refunds will be provided where a decision is made not to provide you with certification, although we may offer you the opportunity to retake the assessment or certain elements of the Course again at no extra cost if you have fully complied with the Course by completing all Modules and assessments. Any such decision will be at our absolute discretion.

 

1. 6. The Assessment criteria must be completed within 6 months from the date of your purchase of the Course. Where you wish to undertake the assessment after 6 months have passed then a fee will be payable. For the purposes of these Terms, late assessment (after 6 months) will be treated as a reassessment and the reassessment fee as set out in clause 6.8 will apply

 

1. 7. All final assessments and the decision to award CPD certification will be determined by Emma Bushell on the basis of the assessment criteria and applicable CPD standards and at Emma Bushell’s absolute discretion. Certificates will be provided directly by CPD.

 

5. Your Purchase of the Course

 

1. 1. Your order and purchase of the Course is a contractual offer that we may choose to accept.

 

1. 2. Our welcome email confirms acceptance of your order and our legally binding agreement.

 

1. 3. If your order is not accepted, we will notify you by email and provide a full refund.

 

1. 4. In the event it comes to our attention that the Course is incorrectly priced on our Website, where the correct price is lower than the price shown on our Website, we shall charge the lower amount. Where the Course’s correct price is higher than the price shown on the Website, we shall contact you to ask whether you wish to proceed with the purchase at the correct, higher price, or we shall reject your order and notify you that your order has been rejected.

 

1. 5. Where a pricing error exists and that error is obvious, unmistakable and could have been reasonably recognised by you then we shall have no liability or obligation to provide the Course to you at the lower, incorrect price.

 

1. 6. Where we offer a discount or other promotional offer or code then these will be subject to individual terms and conditions.

 

6. Payment terms

 

1. 1. The cost of the Course (“Fee”) is as set out on our website at www.emmabushell.com or any linked sales page, except where there is an obvious error, and is inclusive of VAT

 

1. 2. Where you wish to make payment of the Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment 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 Course then you agree to be responsible for payment of the Fee within 7 days from access to the Course being provided.

 

1. 3. Time for payment 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 we must receive full payment of the Fee or first instalment, as applicable, before you are entitled to access the Course.

 

1. 4. The Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Course and is not based on your actual usage and/or level of attendance. You agree and acknowledge that you shall not be entitled to any form of credit to, or deduction from, the Fee for any non-attendance or lack of usage of any part of the Course on your part.

 

1. 5. The Fee is non-refundable unless:

 

1. 1. 1. you purchase the Course as a consumer and you cancel within the cancellation period as further described in clause 7, below; or

 

1. 1. 2.       we stop or cancel delivery of the Course to you (as set out in clause 9.3), in which case you shall be entitled to a partial refund calculated on a pro-rata basis having regard to the extent of the Course which you have paid for but have not yet received.

 

1. 6. If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan provided to you or agreed between us at the time of purchase. You accept that you will remain responsible for providing the instalment payments until the Fee has been paid in full.

 

1. 7. We reserve the right to change the Fee at any time. Any changes will not affect the price where payment has already been made and a welcome email has already been sent.

 

1. 8. Where reassessment is required due to unsuccessful completion of the Course criteria or an out of time application for assessment is made, then in accordance with clauses 4.2 and 4.6 (as applicable), a reassessment fee will apply. The reassessment fee will be calculated based upon our time and administration costs in dealing with your assessment/reassessment and is subject to a minimum charge of £150.00. We will notify you of the total reassessment cost when you request to submit reassessment or upon your earlier request. We must receive full payment of any reassessment fee before assessment/reassessment is determined.

 

1. 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 we shall be entitled to suspend delivery of the Course until payment has been made in respect of the outstanding amount.

 

7. Your rights when purchasing the Course as a Consumer – the cancellation period

 

1. 1. If you purchase the Course as a consumer then you will be entitled to a 14-day cancellation period which begins from the date of your welcome email. If you wish to cancel your order within that 14-day period then you will be entitled to do so by providing notice in writing to hello@emmabushell.com.

 

1. 2. Upon receipt of your notice of cancellation:
      1. if you have not already accessed any part of the Course within the 14-day cancellation period, then we shall cancel your order and provide you with a full refund of any Fee you have paid to us; or

 

1. 1. 2. if you have accessed any part of the Course within the 14-day cancellation period, then you acknowledge that you will be responsible for any reasonable costs we have incurred in providing the Course 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. 3. Where we offer you the opportunity to receive immediate access to the Course before the 14-day cancellation period has expired, then if you choose to access the Course during that period, 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.

 

8. Complaints or Concerns

 

1. 1. We want you to be entirely happy with the Course. In the event you have any concerns, you agree to let us know by email to hello@emmabushell.com and give 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.

 

1. 2. If you experience a fault or other issue with the Course please let us know immediately by email to hello@emmabushell.com. 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.

 

9. Cancellation and Termination

 

1. 1. The agreement between us shall begin when we send your welcome email and it shall continue until the earlier of the completion of the Course or it is terminated in accordance with these Terms.

 

1. 2. You may terminate our agreement and your access to the Course at any time by providing us with notice in writing to hello@emmabushell.com. Please remember that unless the circumstances in clause 6.5 apply, no refunds will be made and you will remain liable for full payment of the Fee, despite any notice of cancellation.

 

1. 3. We may cancel our agreement where we are unable to continue providing the Course for any reason. In such circumstances we will provide you with notice in writing and provide you with a refund in accordance with clause 6.5.2 above.

 

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

 

1. 5. Upon termination for any reason:
      1. subject to clause 8.2 below, your access to the Course, any private social media accounts, any Content, and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access; and

 

1. 1. 2. any Fee or other monies owed by you to us will become immediately due and payable; and

 

1. 1. 3. any provision of these Terms, where applicable, which either expressly or by its nature relates to the period of time after termination, shall remain in full force and effect, in particular clauses 2,3,7,8,9,10,11 and 12.

 

1. 6. 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.

 

8. Intellectual Property

 

1. 1. When you purchase the Course, you may be provided with access to our 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 Course 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. 2. 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 the Course and for the purposes the Course is 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.

 

1. 3. Subject to your compliance with clause 8.2, you shall be entitled to access the Course and any Content for the lifetime of the Course which means for the period of time the Course is available to purchase through our website at www.emmabushell.com which will be for a minimum of 6 months from your date of purchase. We shall be at liberty to remove the Course for sale at any time (subject to satisfying any remaining Courses).

 

9. Your Personal Data and how we use it

 

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

 

1. 2. Our obligations above and as set out in Clauses 7 and 8, 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.

 

10. Reviews and Testimonials

 

1. 1. If you choose to share Client Content with us 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.

 

1. 2. 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.

 

1. 3. If you provide us with a testimonial, review or similar (“Review”) then by doing so you 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 us.

 

11. Liability

 

1. 1. When you purchase the Course, you acknowledge and agree that:

 

1. 1. 1.     these Terms do not constitute or imply any business relationship other than as set out within; and 
      2.     any information, Content, 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. 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. 

 

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

 

1. 1. 1.     any indirect, consequential or special damages, losses or costs; or
      2.     any loss of profits, business, data, reputation or goodwill or any such anticipated losses; or
      3. any failure to deliver the Course where we are prevented due to a reason beyond our reasonable control; or
      4. where we have informed you of a problem with the Course 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 use of the Course once delivered.

 

1. 4. We do not warrant or guarantee that your access to the Course will be:
      1. accessible via your particular hardware or software;
      2. free from interruptions or errors;
      3. free from defects; and/or
      4. suitable for your particular situation or circumstances.

 

1. 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.

 

1. 6. 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. 7. During the term of your access to the Course, 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 or contractors or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees or contractors.

 

1. 8. In the event a dispute arises in connection with the provision of the Course which is incapable of being resolved via our complaints process or otherwise by mutual consent then we both agree to submit the matter for mediation by a CEDR mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.

 

12. No Guarantee

 

1. 1. You agree and understand that use of and access to the Course does not guarantee any particular results or success. During the Course, we may provide you with access to information, resources, skills 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. 2. Where we share any testimonials or results experienced by other users of the Course 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 Course.

 

13. Who we are and how to contact us

 

1. 1. The Course shall be delivered by Emma Bushell t/as The Universal Academy of Enlightened Energy. Our business address is Room 305, Beaumont House, Beaumont Road, Banbury, OX16 1RH. Should you wish to contact us then you can email us at hello@emmabushell.com or alternatively you can write to us at the postal address above.

 

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

 

1. 3. Where these Terms refer to the provision of notice, this must be provided to us in writing by email to hello@emmabushell.com or by post using the address above. All emails and post will be deemed served 48 hours after sending.

 

14. General

 

1. 1. The failure of either one of us to actively enforce any provision of these Terms shall not prevent that party from subsequently seeking to enforce any term or obligation and any such failure shall not constitute a waiver, diminution or limitation of any right.

 

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

 

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

 

1. 5. 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. 6. 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 the Course will be deemed as your acceptance of any changes. 

 

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

 

When I tick the acceptance box and provide my electronic acceptance I am confirming my full understanding and agreement with the information outlined above.