SHORT COURSES & Downloadable Products
Terms & Conditions
Vincita LTD
Updated: October 2024
These terms and conditions govern the way in which We (“Vincita Ltd”) supply short courses and downloadable products, including but not limited to Mindset Mastery, Make Your Mark (“the Product”) to You (“the Purchaser”).
Please read these terms carefully before You purchase. 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. All rights not expressly granted in these terms are hereby reserved.
By purchasing the Product, You agree to the terms set out below.
You agree to review this agreement periodically to ensure that You are aware of any amendments to this agreement, which may be made at any time.
INFORMATION ABOUT US AND HOW TO CONTACT US
Vincita Ltd a company registered in England and Wales (registration number 12083639) whose registered office is at 71 -75 Shelton Street, London, WC2H 9JQ, United Kingdom.
- GRANT OF LICENCE
In consideration of your payment, we hereby grant You a licence to use the purchased Product. This licence is limited, revocable, non-exclusive, sub-licensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
This licence is personal to You and cannot be shared or exchanged with others.
- GENERAL
We develop, distribute and maintain this Product and will also provide You with login details. We will also manage your access to the Product and provide support to You, where necessary.
You shall not copy, modify, transmit, distribute or in any way exploit the Product or any other copyrighted materials provided other than for your individual learning. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.
We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.
- ACCESS TO MATERIALS
The starting date of your access to the Product is deemed to be the date that You first have access and continues for ‘6-months or 12-months’ depending on the product.
‘6-months or 12-months’ means Products will be made available for download at such time that Products are no longer available through the PQ Positive Intelligence App or Vincita website. Downloadable content will only be available for customers eligible for 6-months or 12-months Access.
We will take all commercially reasonable steps to provide You with uninterrupted access to the Product. However, your access may be restricted occasionally for reasons beyond our control. Such reasons include force majeure events, power outages, actions from computer hackers, and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without unduly burdensome use or expenditure of time, resources, personnel or money.
Improvements or changes to the Product or any other material may occur at any time without prior notification to ensure that they are up-to-date and accurate.
Access to the Product is worldwide and not UK-specific.
If You have any issues or questions regarding access, please contact ck@vincita.co.uk
- PRICING AND PAYMENT
We use Stripe and GoCardless (third-party payment providers) to process our payments.
Payment for the Product must be made at the point of purchase unless a payment plan is available and has been selected. If a Payment Plan is selected, You will make an initial payment at the time of purchase, followed by a set number of additional monthly payments. Payments will be debited automatically from the account at 30-day intervals.
By selecting a payment plan, You agree to make all monthly payments until the purchase balance is cleared. Failure to do so may result in the commencement of legal action against You.
No additional fees are charged when purchasing through a payment plan.
Vincita Ltd reserves the right to withdraw payment plan purchase options at anytime. This will not affect pending payment plans.
You agree to provide payment for the Product in the stipulated currency and will be liable to pay any relevant conversion charges and applicable sales tax in your region.
We reserve the right to review and change the pricing of the product. This will not affect products that have already been purchased.
- REFUNDS AND RESTRICTION POLICY
Refunds on any digitally downloaded Product, including but not limited to workbooks, templates, scripts, spreadsheets and short courses shall not be granted outside of the 30-day money back guarantee
To be eligible for a refund, you must make a refund request within the applicable time period for your program as set forth below.
Our standard refund policy is a 30-day, 100% money-back guarantee.
If you are unsatisfied with a Purchase, contact customer service (ck@vincita.co.uk) within the first 30 days of Purchase. We’ll refund 100% of your purchase price.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Product is inhibited due to insufficient system requirements.
We may restrict your access to the Product if you breach these terms, including without limitation:
- a) A failure to make any payment due to us; or
- b) Failure to provide accurate information that is necessary for us to provide the Products to you.
In these circumstances, we will inform you via email with seven (7) days’ notice that your access to the Product will be restricted.
6. LIMITATION OF LIABILITY
Any Product, Vincita Ltd, including its staff and its affiliates, are not a substitute for the advice of your doctor, lawyer, accountant, tax specialist or any of your advisors, personal or professional. Vincita Ltd does not make any guarantees with our ideas, information, tools or strategies.
- YOUR RIGHTS
This is a summary of your key legal rights.
Under the laws of the United Kingdom, the Product must be as described, fit for purpose and of a satisfactory quality. If the Product is faulty, then You are entitled to ask for a repair or a replacement and if the fault cannot be fixed, or it has not been fixed within a reasonable time and without significant inconvenience, then You can get some or all of your money refunded at the price you purchased. Your statutory rights are not affected
If you can show that the fault has damaged your device and that We have not used reasonable care and skill, then You may be entitled to compensation.
- INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property rights relating to the Product including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Vincita Ltd and Positive Intelligence LLC. While You may utilise the intellectual property, You understand that there shall be no transfer of ownership of the same.
Nothing that You see or read in the Product may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
- USE OF COMMUNICATION IN MARKETING
By engaging with us through any form of communication, including but not limited to testimonials, social media posts, emails, Slack messages, and other written or verbal exchanges (collectively referred to as “Communications”), you grant us the right to use, reproduce, and incorporate such Communications in our marketing, promotional materials, and other public-facing content.
We will ensure that your identity remains anonymous; however, we may reference general details such as your job title, job description, or industry. Additionally, we may use a pseudonym in place of your real name, ensuring that no personally identifiable information (such as full names or company names) is disclosed.
If you do not wish for your Communications to be used in this manner, you may opt out at any time by sending an email to ck@vincita.co.uk. We will promptly honour your request, and your Communications will be excluded from future marketing initiatives.
This clause applies to all Communications received before and after its effective date unless an opt-out is communicated.
- PRIVACY POLICY
We respect your right to privacy and will only process personal information You provide to us in accordance with the General Data Protection Regulation (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 as revised by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, and other applicable privacy laws. For further information please read our Privacy Policy at https://www.vincita.co.uk/privacy
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to You for foreseeable loss and damage caused by us. 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. Loss or damage is foreseeable if it is either obvious that it will happen or if We are both aware that it might happen, such as where You have discussed the possibility with us during the sales process.
We are not liable to You in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.
If the Product damages your 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, following installation/download instructions, or having in place the minimum system requirements as advised by us.
Our liability to You for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount You have paid for the Product. In no event shall we be liable for damages in excess of this sum.
- 12. OTHER IMPORTANT TERMS
You need our consent to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a licence for your benefit only.
Nobody else has any rights under these terms – they are between You and us. No other person shall have any rights to enforce any of its terms.
Vincita Ltd accepts no responsibility whatsoever for any opinions, findings, recommendations, comments or content written on any social platform or website in connection with our Product, including any Slack Group, by either You or any other Product user.
If a court finds part of these terms illegal, the rest will continue in force.
- GOVERNING LAW
These terms are governed by and construed in accordance with the laws of England and Wales and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.