Terms & Conditions
These Terms and Conditions apply to all Services provided by us, Queenbizibee/Profit Flow System,
a company registered in England and Wales under company number 1074570685 whose registered office address is at 61 Bridge Street, Kington, United Kingdom, HR5 3DJ (“the Company/we/us/our”)
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Client/you/your” means the individual, firm or corporate body purchasing the Services. Where an individual is entering into this Contract on behalf of a business, that individual confirms they have the authority to enter into the Contract on behalf of that business and the business will be the Client in the context of the Contract;
“Contract” means the contract formed in accordance with clause 2, which will incorporate and be subject to these Terms and Conditions;
“Facebook Group” means the online group ran by us;
“Proposal” means our proposal to carry out the Services which, unless otherwise stated, remains open for acceptance for a period of 30 days and sets out the entire scope of Services to be provided;
“Services” means the weekly live training sessions and any other bonus services to be carried out by us as detailed in the Proposal; and
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms and Conditions; and
1.2.5 a “party” or the “parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
1.4 Words imparting the singular number include the plural and vice versa. References to persons include corporations.
2.1 Your order constitutes an offer to us, all orders are subject to acceptance by us. We will confirm such acceptance by email to let you know the order has been successfully confirmed. The contract between us will only be formed when we send you the order confirmation. Orders shall not be deemed confirmed until the payment is either paid in full or the first instalment has been made.
2.2 Signing up either directly or online, creates a legally binding Contract between us and you and includes the acceptance of these Terms and Conditions, which will apply between us.
2.3 No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.
2.4 You are responsible for the accuracy of any information submitted to us and for ensuring that the Contract reflects your requirements.
2.5 The Contract will commence on the start date specified for the subscription and will continue for the Term stipulated in the agreement.
3.1 We will set out a proposed programme for the Services to be delivered either on an individual or group basis as stipulated in the Proposal. We will use all reasonable endeavours to complete our obligations under the Contract in a timely manner and in accordance with any agreed programme dates and deadlines, but time will not be of the essence in the performance of our Services.
3.2 If we agree a set number of sessions are to be provided, and you fail to attend a session/sessions, then this will be missed, no refunds will be offered and we will not deliver that same session unless an additional cost is agreed.
3.3 If we have agreed a programme for delivery of the sessions, and they are not booked to be delivered within the agreed timeframe through no fault of ours, then those sessions will be missed and no refunds will be offered.
3.4 We make no warranty that any Services provided will be uninterrupted or error-free and we also can’t guarantee that they will meet your requirements; however, our aim is to always offer you the very best service possible.
3.5 The Services are not guaranteed to produce the same results as others taking part in the programme, we cannot be held responsible for the quality and/or outcomes of the Services we have provided for different industries or businesses.
3.6 We may make recommendations of third party services including but not limited to apps; it is your responsibility to ensure the suitability of such third party services and we are not liable for any actions or omissions of such.
3.7 It is your responsibility to carry out any agreed actions in advance of the next module and complete any assignments and to provide us with such information and assistance relating to the Services as we may reasonably require.
3.8 Access to the paid content may include access to the Facebook group.
3.9 You must attend the arranged ssession on time ensuring you are in a quiet location, with minimal distractions, good wi-fi access and be fully focused; any ssessions that are delayed by 10 minutes will be treated as cancelled and lost;
You agree, where applicable, to:
4.1 not sub-licence our Services to any third party;
4.2 act in accordance with any and all reasonable instructions issued by us in relation to the Services;
4.3 attend the arranged sessions on time ensuring you are in a quiet location, with minimal distractions, good wi-fi access and be fully focused;
4.4 inform us of any change in your address or contact details;
4.5 complete all tasks, in the order they were designed and on time;
4.6 not upload any illegal or distasteful material in the Facebook Group;
4.7 always behave respectful of other members and ensure confidentiality;
4.8 not promote yourself or use the space to sell your business other than any designated posts prompting you to do that where applicable;
4.9 inform us if you have any medical condition or are taking any medication which may affect the Services provided by the Company in any way, and act in accordance with any instructions provided as a result;
4.10 Sharing of accounts is not permitted. You are required to keep your account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your account details in your internet browser. We also recommend the password you choose is strong and secure, containing a combination of letters, numbers and symbols, and is changed regularly.
4.11 If you fail to comply with the above obligations, we reserve the right to terminate the Contract, remove you from the Facebook group and/or charge for costs incurred by us as a result of your failure, at our discretion.
5.1 We require a minimum of 48 hours’ notice to reschedule or cancel a pre-arranged visit, meeting or training session. If we do receive the required notice, then we will endeavour to reschedule the session to meet your preferred date(s) and time(s), however we cannot guarantee this will be possible.
5.2 If, due to circumstances beyond our control, we have to cancel or reschedule a scheduled visit, meeting or training session, we will notify you immediately to minimise disruption.
6.1 If you wish to vary the Services to be provided, please notify us in writing as soon as possible. We will use all reasonable efforts to make any required changes and will invoice you for any additional costs incurred as a result.
6.2 If we have to make any change in the arrangements relating to the provision of the Services, we will notify you immediately. We will endeavour to keep such changes to a minimum and will seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
6.3 Any agreed variation or amendment will be carried out in accordance with these Terms and Conditions and any price increase necessitated as a result of an agreed variation or amendment will be payable in accordance with the terms for payment below.
7.1 The price payable for use of the paid content is as stated on our sales page.
7.2 We require payment in full, up front, for all programmes and one-off training sessions unless otherwise agreed.
7.3 All invoices are payable in full, in pounds sterling, within 7 days from the date of invoice, without set-off, withholding or deduction.
7.4 We will charge for mileage and all other reasonable travel expenses (including reasonable hotel or other overnight costs) incurred by us in performing the Services. Receipts can be made available on request.
7.5 You also agree to pay for any additional Services provided by us at your request that are not specified in the Contract. These additional Services will be charged in accordance with our current applicable rate in effect at the time of performance, or such other rate as may be agreed.
7.6 All payments made via the sales page will go through an online payment gateway provider, such as Stripe. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
7.7 We may from time to time change our prices. Changes in price will not affect any Services that you have already purchased and will not apply to any subsequent subscription renewals but will apply to any new subscriptions.
7.8 All prices include VAT, where applicable. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 The time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any right which we may have pursuant to any statutory provision in force from time to time, we will have the right to suspend the Services and charge you interest on a daily basis at the rate of 8% per annum above The Bank of England base rate from time to time, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest will accrue after as well as before any judgment. We will also charge for any costs we incur in attempting to recover any outstanding debt
7.1 The price payable for use of the paid content is as stated on our sales page.
7.2 We require payment in full, up front, for all programmes and one-off training sessions unless otherwise agreed.
7.3 All invoices are payable in full, in pounds sterling, within 7 days from the date of invoice, without set-off, withholding or deduction.
7.4 We will charge for mileage and all other reasonable travel expenses (including reasonable hotel or other overnight costs) incurred by us in performing the Services. Receipts can be made available on request.
7.5 You also agree to pay for any additional Services provided by us at your request that are not specified in the Contract. These additional Services will be charged in accordance with our current applicable rate in effect at the time of performance, or such other rate as may be agreed.
7.6 All payments made via the sales page will go through an online payment gateway provider, such as Stripe. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
7.7 We may from time to time change our prices. Changes in price will not affect any Services that you have already purchased and will not apply to any subsequent subscription renewals but will apply to any new subscriptions.
7.8 All prices include VAT, where applicable. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 The time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any right which we may have pursuant to any statutory provision in force from time to time, we will have the right to suspend the Services and charge you interest on a daily basis at the rate of 8% per annum above The Bank of England base rate from time to time, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest will accrue after as well as before any judgment. We will also charge for any costs we incur in attempting to recover any outstanding debt
The parties agree that they will not use any confidential information provided by the other, except to perform their obligations under the Contract. Each party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other party in writing.
10.1 We reserve all copyright and any other intellectual property rights which may subsist in, or in connection with, the provision of the Services including but not limited to our Facebook Group. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property rights.
10.2 You may, for your own personal, non-commercial use only, do the following:
10.2.1 Retrieve, display and view any content on a computer screen, or other devices such as a tablet;
10.2.2 Print content for your own personal use.
10.3 You must not otherwise reproduce, modify, copy, distribute or use for any commercial purposes any content without the written permission of us.
10.4 You must immediately bring to our attention any infringement or suspected infringement of any of the intellectual property rights licensed to you of which you are aware and at our request, you will take such action or assist us in taking such action as we may deem appropriate to protect the intellectual property rights.
10.5 You acknowledge that you are responsible for any content you may submit via the Facebook group and post using your own profiles, including the legality, reliability, appropriateness, originality, and copyright of any such Content. You may not upload to, distribute or otherwise publish through the social media groups, any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive or privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offence, violate the rights of any third party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
10.6 A breach of the above may result in a ban from the Facebook group and no refunds will be given.
11.1 You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.
11.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Contract, without your prior consent. In this event, we will be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
12.1 Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
12.2 Except as provided in clause 12.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained in the Contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are expressly excluded, to the maximum extent permitted by law.
12.3 We may make suggestions, however we are not a medical professional and will not diagnose any medical conditions, as such we will not be liable for any incorrect suggestions. You may be advised to seek medical advice from a health professional where necessary and it is your responsibility to action this advice.
12.4 We cannot guarantee the success or outcomes of any of the Services to be provided. We will provide suggested techniques, advice and guidance for you. However, we cannot accept responsibility for the application of such techniques, advice or guidance, or for any actions taken as a result, or adverse reactions during Rapid Transformational Therapy, nor can we be held liable for any consequences should our advice not be taken.
12.5 In the event of a breach by us of our express obligations under the Contract, your remedies will be limited to damages, which in any event, will not exceed the total fees paid by you under the Contract in the preceding 12 month period.
Neither party will, during the term of the Contract and for a period of 12 months after its expiry or termination, without the other’s prior written consent, appoint in any way or cause to be employed, engaged or appointed an employee, agent, director or sub-contractor of the other.
Neither party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond that party’s reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, pandemic, epidemic, act of terrorism or war, governmental action or any other event that is beyond the control of the party in question.
15.1 Both parties agree to comply with all applicable data protection legislation including, but not limited to, the General Data Protection Regulation 2016 (“GDPR”), the Data Protection Act 2018 and any subsequent amendments to them.
15.2 If you provide us with the personal data (as defined in the GDPR) of any other person, you warrant that you have obtained the permission of that other person to pass their data to us. We will only collect, store and process it in order to provide the Services under the Contract and will not use it in any other manner without consent.
16.1 We always use reasonable efforts to ensure that the Services is trouble-free. If, however, there is a problem with the Services, we request that you inform us at the time and we will endeavour to resolve it.
16.2 In the event of any chargebacks we will seek to recover the original fees plus any associated costs.
16.3 If you wish to contact us with questions or complaints, you may contact us by email at [email protected]
16.4 In certain circumstances such you must contact us in writing. When contacting us in writing you may contact us by email or by pre-paid post at the address stated at the beginning of these Terms and Conditions.
17.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
17.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
17.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
17.6 We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes and provide details of how you may cancel if you are not happy with them.
18.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
18.2 Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.