Terms

Progressfull™ Ltd - Terms & Conditions

1. THESE TERMS
   • These are the terms and conditions on which we supply our products, packages and services to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.  If you think that there is a mistake in these terms, please contact us to discuss
     
     
   • In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual; and
  
  
• You are buying products or services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession)
  
  
• If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement

• These are our terms of business as of 12.01.2021. Progressfull™ reserves the right to amend these terms at any time. We will notify you in the event of any changes to our terms

2. INFORMATION ABOUT US AND HOW TO CONTACT US
   • We are Progressfull Ltd (‘Progressfull™’), a company registered in England and Wales. Our company registration number is 12607658 and our registered office is at One New Street, Wells, Somerset, BA5 2LA.  Our registered VAT number is 367 5468 53
     
   • You can contact us by emailing us on the following email address, [email protected]
     
     
   • If we have to contact you we will do so by by writing to you at the email address or postal address you provided to us in your order
     
     
   • When we use the words "writing" or "written" in these terms, this includes emails
     
     
3. OUR CONTRACT WITH YOU
   • Our acceptance of your order will take place when we email you our purchase confirmation email, at which point a contract will come into existence between you and us
     
     
   • If we are unable to accept your order, we will inform you of this in writing. If you have already been charged, we will refund your payment. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or for any other reason which could not reasonably be foreseen
     
     
   • Our website is accessible worldwide, however our services and products are available in the English language only
     
     
   • This contract will be governed and construed in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with it or its subject matter or formation
     
     
4. OUR PRODUCTS & SERVICES
   • Our products and packages are available to purchase on our website via ‘Our Shop’. Our Shop lists the full range of our products and packages available together with a description of each
     
     
   • Our products, packages and content are known as ‘Upskills’ and each product or package contains a range of courses, content and materials. Some of our products and packages include pre-recorded content by one of our Upskills mentors (‘Upskills Mentor’)
     
     
   • Progressfull™ reserves the right to amend the products that are available together with the product descriptions at any time or withdraw a product from Our Shop as per clause 6.1 below
     
     
   • At Progressfull™ we offer both one-off products and packages and subscriptions to our products and packages. All of our options can be found within Our Shop on our website
     
     
5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to a product or package you have ordered please contact us and we will let you know if the change is possible.  If it is possible we will let you know about any changes to the price of the product or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change

6. OUR RIGHTS TO MAKE CHANGES
   • We may change any of our products, packages and services:
     • to reflect changes in relevant laws and regulatory requirements; and/or
     • to implement minor technical adjustments and improvements, for example, to address a security threat. If these changes affect your use of any of our products or services we will contact you
       
       
   • You may require a minimum update depending on your operating system on your computer, laptop or tablet in order to be able to use our products, packages or services. If this is the case we will notify you. in addition, from time to time we may notify you of software upgrades that are required in order to receive the maximum benefit of all functions of our digital content
     
     
7. PROVIDING OUR PRODUCTS & SERVICES
   • When purchasing a product on Our Shop, you will receive an automated email confirmation that your order has been accepted and you will shortly thereafter receive and email containing your log in details to access the Upskills content. Some of our content will be downloadable through the platform and some content will be accessible via streaming. If you have purchased a product that includes live coaching or 1 to 1 sessions, we will send you instructions on how to schedule these. Live coaching sessions and 1 to 1’s with an Upskills Mentor will include audio calls and sometimes video calls
     
     
   • We also offer subscriptions to our services and you can find out further information about this on our website
     
     
   • If our supply of the products or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received
     
     
   • We may need certain information from you so that we can supply any materials purchased as hard copies. We will request this information when you create an account with us or when you purchase one of our products or services
     
     
   • We may have to suspend the supply of a product to:
     • deal with technical problems or make minor technical changes;
     • update the product to reflect changes in relevant laws and regulatory requirements;
     • make changes to the product as requested by you or notified by us to you (see clause 6)
       
       
   • We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract
     
     
8. CANCELLATION & REFUNDS
   • Your rights to end the contract will depend on whether you are a consumer or a business which is set out in more detail below. Due to the digital nature of our products, packages and services, we do not offer and cannot accept refunds in respect of our products, packages or services except in the following limited circumstances:
     6. when we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
     7. when we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
     8. when there is a risk that supply of the products may be significantly delayed because of events outside our control;
     9. when we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
     10. when you have a legal right to end the contract because of something we have done wrong
         
         
   • If you are a consumer you have the right to change your mind subject to the exceptions set out in these terms. All of the products, packages and services available on Our Shop contain digital content some of which is available via streaming and some of which is downloadable. Please read the following terms carefully which set out your cancellation rights
     
     
   • Downloadable digital content and materials only – our contract with you cannot be cancelled once any download or streaming has started and no refund will be given. If you have purchased a product by mistake, please contact us to discuss your options. If you commence the download or stream of one of our products within 14 days of your purchase you are expressly waiving your right to the 14 day cooling-off period and we will ask you to confirm you understand this at the time of your purchase. If you would like to exercise your right to the 14 day cooling-off period please notify us upon placing your order and we will not provide you with your log in details until the earlier of (i) the end of the 14 days period starting the day after your order; and (ii) you notifying us that you wish to proceed. If you have already received your log in details from us we will revoke your access upon receiving your notification that you wish to exercise your consumer rights. If you have already streamed or downloaded or saved any of our content you will be deemed to have waived your rights to the cooling-off period, the contract cannot be cancelled and no refund will be provided
     
     
   • Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for.  If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know and the contract will end immediately. Please note that no refunds will be provided
     
     
   • If you wish to end the contract we have with you, please let us know by contacting us at the email address as stated in clause 2.2. Once the contract has ended we will revoke your log in access to our platform. Any refund due under the limited circumstances set out above will be made within 14 days of you telling us you have changed your mind
     
     
   • Of you have any questions or complaints about any of our products or services, please let us know by contacting us
     
     
9. PRICE AND PAYMENT
   • The price of our products (which includes VAT) will be the price clearly indicated in Our Shop and on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct.  However please see clause 8.1 and 9.2 for what happens if we discover an error in the price of the product you order
     
     
   • It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount.  If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.  If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid
     
     
   • We accept payment for our products and services through Stripe and PayPal only via our website. All payments are taken upfront before you are given access to any of our content. Please see clause 8 for details of your rights relating to digital content in the event that you wish to cancel the contract
     
     
   • If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law)
     
     
10. OUR LIABILITY
    • If you are a consumer:
      • and if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We will not however be liable for any loss or damage that is not reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen
        
        
      • Nothing in these terms shall limit our liability for :
        • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
        • for fraud, fraudulent misrepresentation or wilful default;
        • for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
          
          
      • and if defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions (if applicable) or to have in place the minimum system requirements advised by us
        
        
      • and if you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 10.2
        
        
    • If you are a business nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • defective products under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability
        
        
    • All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded
      
      
    • Subject to clause 10.2:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

11. DISCLAIMER
    • The Upskill Mentors who provide services on behalf of Progressfull are not licenced practitioners, physicians or medical professionals and offer no medical diagnoses, treatments, suggestions or counselling. The information in the Upskill programmes and products are for educational purposes only and are not intended to be an alternative to medical advice or assistance. Our programmes are not intended to diagnose, treat, cure or prevent any health issues including mental health issues we highly recommend seeking medical advice from a licenced professional before beginning any diet, exercise, health, or lifestyle improvement programme
      
      
    • Our Upskill Mentors and Progressfull™ accepts no liability (to the fullest extend available within the law) to any consumer or business for any loss or damage whether direct or indirect caused as a result of the use, application, or interpretation of the content of our products or services for any purpose set out in clause 11.1. By registering for and purchasing any of our products or services you accept all liability and responsibility for your decisions, actions, mental health, physical wellbeing and achievements
      
      
    • Our products are proven to enhance elements of an individual’s lifestyle and outlook, however best results are achieved as a result of hard work, effort and focus and our products do not offer a quick-fix. By accessing any of our products or services, the Upskill Mentors and Progressfull imply no guarantee that any of our products or services will achieve your desired result
      
      
12. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

13. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Any contract made between us and you and no other person shall have any rights to enforce any of its terms. Neither of us will need to seek the agreement of any other person in order to end the contract or make any changes to these terms.
    • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date