Terms and Conditions

1. Terms and Conditions

1.1 By making a payment to Words of Magic ‘WoM’ registered in Dublin, Ireland, for any products and or services you are agreeing to be bound by the General Terms and Conditions ‘Conditions’ captured herein. These Conditions constitute the entire agreement between the parties (to the extent permissible by law). No conflicting or additional terms or conditions endorsed on, request to purchase, confirmation of order or other document shall form part of the Conditions and are hereby rejected by WoM. Each party represents and warrants that it has full capacity and authority to enter into the agreement.

1.2 Each party represents and warrants that it has full capacity and authority to enter into the agreement.

2. General

2.1 The information provided through the WoM on this site is not intended to be a substitute for professional medical advice or treatment. Never disregard professional medical advice or delay in seeking it, because of any of the products and, services, or information provided through WoM. WoM is not a replacement of professional medical advice, or treatment.

2.2 In exchange for full payment of the course by you, WoM:

2.2.1 services will be delivered over an approximate six week period, with four appointments, which are approximately two (2) weeks apart;

2.2.2 appointments will be provided over web- conferencing software which provides a recording service;

2.2.3 services will comprise of two (2) hours appointments and in between these appointments WoM will contact you to ensure that you are getting the most benefit from the Services;

2.2.4 services are designed to be complete with the four appointments, however, if at WoM sole discretion, WoM believe additional appointments will help you receive further benefit of the Services, then additional appointments will be offered at no additional cost;

2.2.5 appointments can be booked by contacting WoM directly on ‘Maxx@words-of-magic.com’;

2.2.6 appointments are agreed, once both parties agree a timeslot; and

2.2.7 will offer to change only one agreed appointment timeslot with forty- eight (48) hours notice prior.

2.3 It is only at the sole discretion of WoM that additional appointment timeslots will be made available to you if:

2.3.1 you request to amend more than one of the agreed appointment timeslots;

2.3.2 you request to amend your appointment timeslot with less than forty- eight (48) hours prior to the agreed appointment time; and

2.3.3 if you miss any appointment

2.4 If you request to amend more than one agreed appointment timeslot, and this is rejected by WoM, then you may keep the original agreed appointment timeslot.

2.5 If you miss any appointment, or request to amend more than one appointment (which is rejected by WoM) then only at the sole discretion of WoM will you be allowed to continue the WoM course. However, to continue, WoM may request that you will need to pay for the course again in full.

2.6 If, up to one (1) week after you have completed all the appointments for the WoM course, you decide you are not happy with the WoM course, then you can request a refund of the total price you paid, plus €50.

3. TERM AND TERMINATION

3.1 You have the right at any time and for any or no reason to cancel the course, by giving WoM written notice. At WoM sole discretion, you may be given a refund, or partial refund of the charges paid for the services.

3.2 Either party may terminate the services forthwith by written notice if the other party has materially breached these Conditions and, if that breach is capable of remedy, the other party has failed to remedy the breach within 5 days of that party being notified in writing of the breach. If WoM material breach the Conditions and fail to remedy the breach, then if requested by you, the charges paid for the services will be fully refunded. If you materially breach the Conditions, then you will not be entitled to any refund of charges paid.

3.3 Termination or expiry of the services shall not affect any rights or obligations which may have accrued prior to termination or expiry. Obligations set out in any clause intended to survive such termination or expiry, including Clauses 5 and 6, shall continue in full force and effect notwithstanding termination or at the end of service delivery.

4. PRICE AND PAYMENT

4.1 In consideration of you paying the total price to WoM, WoM will provide the service Clause 2.2. The total price is inclusive of any sales, use or value-added taxes (“Sales Tax”) and of all other taxes. No extra charges or variation in the total price will be accepted by the parties unless agreed in writing and signed by both parties.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All Intellectual Property Rights pursuant to the services are owned by WoM.

5.2 You may not use the name, trademark, documentation, recordings of appointments, podcasts, web blog posts, or any other material for anything apart from personal use of the services.

5.3 If you decide to provide a written testimonial, WoM may elect to use this within any of their marketing, documentation or material to advertise the services.

6. CONFIDENTIALITY

6.1 Both parties shall treat all communication and materials provided as strictly confidential and will not disclose or use any information received or obtained in connection with the services.

6.2 Notwithstanding Clause 6.1, disclosure or use of information is permitted if and to the extent:

6.2.1 it is required by law, provided WoM is given notice prior to any disclosure (to the extent practicable);

6.2.2 the information becomes publicly available other than as a result of a breach of an obligation of confidentiality;

6.2.3 the information is already in the possession of you; or

6.2.4 WoM has given prior written approval to the disclosure or use.

6.3 You shall immediately inform WoM of any actual or suspected breach of Clause 6.

7. LIABILITY

7.1 WoM is not responsible or liable for your interpretation on any material provided as part of the services, and, or materials made available publicly.

7.2 You are liable for any indirect or consequential loss in connection with the services, or any loss of profit or opportunity even if advised of the possibility of such damages.

7.3 The limitations of liability in Clause 7.2 shall not apply in respect of

7.3.1 any liability for death or personal injury resulting from a party’s wilful negligence;

7.3.2 any liability for fraud or fraudulent misrepresentation, wilful default or gross negligence;

7.3.3 breach of Clause 5 or 6; or

7.3.4 any other liability to the extent which it cannot be lawfully excluded. 

8. GENERAL

8.1 Neither party shall be liable for failure to perform its obligations under the Agreement to the extent that such failure results from circumstances outside the reasonable control of the party, including (but not limited to) act of God, war, civil or public disorder, extreme of nature or industrial action (other than industrial action by employees of either party), provided that if such failure occurs the non-defaulting party shall be entitled to terminate the Agreement forthwith by written notice to the defaulting party.

8.2 Nothing in the Agreement shall prevent WoM from claiming damages as may have been sustained in consequence of your breach (or breaches) of the Agreement.

8.3 Rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law, including conditions implied in favour of WoM by any relevant legislation.

8.4 No failure or delay by a party to exercise any right or remedy provided by the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the exercise or further exercise of that or any other right or remedy.

8.5 If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable, it shall, subject to the extent of such invalidity, illegality, or unenforceability, be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect.

9. LAW AND JURISDICTION             

9.1 This agreement shall be governed by and construed in accordance with the laws of Ireland and the parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any contractual or non-contractual claims that arise pursuant to the agreement.

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