Terms and Conditions
These are the Terms and Conditions of Sale for all programs, online courses and any other services sold by Wendy Dale trading as Memoir Writing for Geniuses (“Memoir Writing for Geniuses”) on our website, www.geniusmemoirwriting.com or www.memoirwritingforgeniuses.com.
Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
Payment
You agree to pay us the purchase price for the Services listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Prices are listed in American dollars.
The payment structure for all Services includes a full fee upfront payment or a payment plan. For those enrolled in a payment plan, payments will be made to your card or Paypal account automatically on the same day each month until the course has been paid in full. If you have a question regarding the amount of your monthly payment or how many payments are left in your plan, write to [email protected].
We currently accept payment via credit card, debit card and PayPal. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account.
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received.
License
As a purchaser of an online course, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the course and all associated intellectual property in accordance with these terms, copy and store the online course content contained therein in your device's cache memory and to print pages from the online course for your own personal and non-commercial use.
We don’t grant you any other rights whatsoever in relation to the Website or the online course. Specifically, you are prohibited from re-using the content contained in the online course for commercial use.
Memoir Writing for Geniuses can revoke this license immediately and without notice if you use the content other than in accordance with this license.
Risk
Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email with your login details has been delivered.
Access
Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services.
If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance.
Conduct
You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.
Failure to comply with this clause amounts to a breach of this Agreement and Memoir Writing for Geniuses may suspend or limit your access to the Services or terminate this Agreement.
EVENTS BEYOND CONTROL
Memoir Writing for Geniuses will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Advice, Information and Instructional Videos
We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
Cancellation Policy
Students wishing to cancel their enrollment must submit notification of withdrawal in writing within 7 days of the confirmation of enrollment. It is recommended students contact Memoir Writing for Geniuses within 24 hours of submitting a cancellation request to confirm receipt. Memoir Writing for Geniuses accepts no responsibility for and will not be liable for non-receipt of messages or transmissions.
Refund Policy
We are not required to provide a refund if you change your mind about the course that you chose to enroll into.
However, while course fees are non-refundable, students may have extenuating circumstances that prevent them from undertaking their course. Where evidence can be successfully provided to support the student’s circumstances, course fees may be refunded or partially refunded as per the following:
Intellectual Property
All content in the Services and Website is subject to copyright and is protected by copyright. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorized to do by these terms, please don’t hesitate to get in touch with us.
You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any license of the Intellectual Property or part thereof granted under this Agreement.
Promotion
You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered and results achieved to promote our business.
We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (“posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.
Confidentiality
You acknowledge that you may have access to certain confidential information of Memoir Writing for Geniuses, including (but not limited to) technical information and know how relating to the Services, the Website and Memoir Writing for Geniuses (“Confidential Information”). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.
In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.
This clause survives the expiry or termination for any reason of this Agreement.
You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.
Variation
We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations.
Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.
Severance
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
Assignment
The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.
Entire Agreement
The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
Waiver
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
Term
This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.
Termination
We may terminate this Agreement at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
Jurisdiction
As we’re based in Cusco, Peru, these conditions will be governed by the laws of that country. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Cusco, Peru.
These are the Terms and Conditions of Sale for all programs, online courses and any other services sold by Wendy Dale trading as Memoir Writing for Geniuses (“Memoir Writing for Geniuses”) on our website, www.geniusmemoirwriting.com or www.memoirwritingforgeniuses.com.
Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
Payment
You agree to pay us the purchase price for the Services listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Prices are listed in American dollars.
The payment structure for all Services includes a full fee upfront payment or a payment plan. For those enrolled in a payment plan, payments will be made to your card or Paypal account automatically on the same day each month until the course has been paid in full. If you have a question regarding the amount of your monthly payment or how many payments are left in your plan, write to [email protected].
We currently accept payment via credit card, debit card and PayPal. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account.
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received.
License
As a purchaser of an online course, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the course and all associated intellectual property in accordance with these terms, copy and store the online course content contained therein in your device's cache memory and to print pages from the online course for your own personal and non-commercial use.
We don’t grant you any other rights whatsoever in relation to the Website or the online course. Specifically, you are prohibited from re-using the content contained in the online course for commercial use.
Memoir Writing for Geniuses can revoke this license immediately and without notice if you use the content other than in accordance with this license.
Risk
Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email with your login details has been delivered.
Access
Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services.
If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance.
Conduct
You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.
Failure to comply with this clause amounts to a breach of this Agreement and Memoir Writing for Geniuses may suspend or limit your access to the Services or terminate this Agreement.
EVENTS BEYOND CONTROL
Memoir Writing for Geniuses will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Advice, Information and Instructional Videos
We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
Cancellation Policy
Students wishing to cancel their enrollment must submit notification of withdrawal in writing within 7 days of the confirmation of enrollment. It is recommended students contact Memoir Writing for Geniuses within 24 hours of submitting a cancellation request to confirm receipt. Memoir Writing for Geniuses accepts no responsibility for and will not be liable for non-receipt of messages or transmissions.
Refund Policy
We are not required to provide a refund if you change your mind about the course that you chose to enroll into.
However, while course fees are non-refundable, students may have extenuating circumstances that prevent them from undertaking their course. Where evidence can be successfully provided to support the student’s circumstances, course fees may be refunded or partially refunded as per the following:
- A full refund is permitted if the enrolment is cancelled prior to the commencement date and if access to resources has not been provided yet.
- No refund will be provided after 7 days of the course commencement date.
- No refund will be provided where work or assessment has been saved or submitted.
Intellectual Property
All content in the Services and Website is subject to copyright and is protected by copyright. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorized to do by these terms, please don’t hesitate to get in touch with us.
You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any license of the Intellectual Property or part thereof granted under this Agreement.
Promotion
You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered and results achieved to promote our business.
We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (“posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.
Confidentiality
You acknowledge that you may have access to certain confidential information of Memoir Writing for Geniuses, including (but not limited to) technical information and know how relating to the Services, the Website and Memoir Writing for Geniuses (“Confidential Information”). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.
In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.
This clause survives the expiry or termination for any reason of this Agreement.
You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.
Variation
We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations.
Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.
Severance
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
Assignment
The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.
Entire Agreement
The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
Waiver
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
Term
This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.
Termination
We may terminate this Agreement at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
Jurisdiction
As we’re based in Cusco, Peru, these conditions will be governed by the laws of that country. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Cusco, Peru.
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Memoir Writing for Geniuses.
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