These terms (together with the documents referred to in here) are the terms and conditions on which Real Success Ltd (we, us and ours) supply to you any of the courses, services and products, including coaching, mentoring, consulting and training – including online courses, PDF downloads, video programmes and personality profiling tools (hereby referred to as “Services”), including all supporting materials either listed on our website www.real-success.co.uk or www.vitaprofiling.com (our sites) and represented by our most current promotional literature or agreed specifically with any officer or employee of Real Success Ltd. Please read these terms and conditions carefully before ordering any services from Real Success Ltd or trading with us. You should understand that by ordering any of our Services you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 Real Success Ltd is the trading name for Real Success Ltd. (we). We are registered in England and Wales under company number 06814389 and with our registered office at Thomas & Young, Carleton House, 266-268 Stratford Road, Solihull, West Midlands B90.
1.2 Our main trading address is 318 Stratford Road, Shirley, Solihull, B90 3DN.
1.3 Our VAT number is 947 0358 09.
1.4 We are a training, coaching, consulting, and mentoring organisation. We are not an agency.
2. Your status
2.1 By placing an order through our site, via email or other electronic means, or in person, you warrant that:-
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old;
3. Price and payments
3.1 The price of any Services will be directly confirmed with you (section 6 refers) or on our website or other promotional literature.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
3.3 Payment for all Services must be by BACS, credit/debit card or cash if agreed, and will be payable either in advance or upon written or verbal agreement.
3.4 All invoices are due for payment within 21 days of the invoice date or as agreed in writing.
4. Our refunds and cancellation policy
4.1 Services supplied by Real Success Ltd may be subject a refund and/or guarantee. Details of any such refund policies and guarantees will be confirmed prior to a contract being agreed.
4.2 We do not impose automatic cancellation charges or administration fees for services including courses and programmes cancelled due to unforeseen or exceptional circumstances. However, we reserve the right to impose such charges, at the discretion of Real Success Ltd, should the services be cancelled within 48 hours of the expected delivery of the Services and if any fixed costs cannot be recovered by Real Success Ltd, including cancellation fees imposed on Real Success Ltd by other companies or organisations. Any such charges would be clearly outlined to you either at the time of cancellation (if charges are known) or within 48 hours (if charges are unspecified at the time of cancellation). Our terms (as specified in 3.4) would apply to all cancellation charges.
5. Our liability
5.1 We warrant to you that Services purchased from us or through our site are of satisfactory quality and where applicable, reasonably fit for the purpose for which the Service is supplied.
5.2 You should notify us (as provided for in clause 10 below) if you are unhappy with any part of the Service within 30 days of the commencement date or delivery date.
5.3 Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Service which you purchased.
5.4 This does not include or limit in any way our liability:
• for death or personal injury caused by our negligence.
• under section 2(3) of the Consumer Protection Act 1987;
• for fraud or fraudulent misrepresentation; or
• for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5.5 Your success in building any business or achievement of goals or impact on your personal life is dependent on several factors. We give no guarantee that by purchasing our Services you will experience success in any business or activity that you may have interests or be involved with.
5.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.
5.7 We are not liable for additional costs due to changes in services, content, venues, or trainers. Every effort will be made to provide reasonable notice where possible
6. Written communications
6.1 You accept that communication from us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
6.2 By purchasing our Services, including free Services, you agree to be added to our mailing list from which you may opt out or unsubscribe at any time. You may be signed up for newsletters, podcasts, and other Services from which you can cancel at any time using the unsubscribe option.
7.1 All notices given by you to us must be given to Real Success Ltd, 319 Stratford Road, Shirley, Solihull, B90 3DN. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
8. Transfer of rights and obligations
8.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
8.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
10. Intellectual Property Rights
10.1 All intellectual property rights (including, without limitation, copyright, moral rights, design rights, trademarks, and patents) and all other rights in the Services belong to us. We licence to you all such rights on a non-exclusive basis for the purpose only of enabling you to us the Services. Reproduction or distribution of the Services is strictly prohibited.
10.2 Use of our logo is strictly prohibited without our prior written consent.
10.3 Audio and visual recordings of our Services are strictly prohibited without our prior written consent.
10.4 Occasionally we may film or record trainers delivering the Services during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
10.5 You acknowledge that certain information contained in the Service is already in the public domain.
10.6 Delegates are not permitted to sell or promote services or services at Real Success Ltd’s events without prior written permission.
11.1 Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause 11, you shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us (or our employees, agents, consultants or sub-contractors) and any other confidential information concerning our business or the Services which you may obtain.
11.2 You shall not use any such information for any purpose other than to attend, participate and, where capable, use the Product.
12. Data Protection
12.1 You agree that we may use your personal data in accordance with and subject to the Data Protection Act 2018 (GDPR).
12.2 We may send you information from time to time regarding new services and opportunities. If you do not wish to receive such information, please contact us on 0121-296-6669 or send an email to firstname.lastname@example.org
13.1 We reserve the right to terminate the Contract immediately without liability if in our opinion you cause disruption on any Course, programme or event or take any action which brings us (or any of our employees, agents, consultants, partners, or sub-contractors) into disrepute or adversely affects our goodwill or reputation.
14.1 If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
15.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. Our right to vary these terms and conditions.
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the terms and conditions in force at the time that you order Services from us, unless we notify you of the change to these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation).
18. Law and jurisdiction
18.1 Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and all disputes and claims shall be subject to the exclusive jurisdiction of the courts of England and Wales.
19. Code of Ethics
19.1 Please Read This Document Carefully. Check it is acceptable to you. The Terms and Conditions establish boundaries and ground rules which protect you and the best interests of Real Success Ltd, its officers, partners, and employees, enabling us to work together with mutual respect. Changes can only be negotiated at the outset of any relationship, and if this is desired then you should raise the matter at that stage. The agreement to progress with any Service indicates acceptance of these Terms and Conditions, on all parts.
19.2 Our work is bound by the following general principles:-
• The care of our client is our primary concern.
• Clients will be treated with respect and as individuals.
• Our professional knowledge will be kept up to date via reading, research, and appropriate training.
19.3 Our explicit commitments are to: –
• Always behave with integrity and honesty.
• Act lawfully in our professional and personal practice
• Act in the best interests of our clients
• Respect the confidentiality of our clients
• Act within the limits of our knowledge, skills, and experience and, if necessary, refer on to another coach, therapist, trainer, or consultant.
• Maintain appropriate and accurate client records.