Terms and Conditions

1. User’s Acknowledgment and Acceptance of Terms
By completing your purchase, you are consenting to these terms and conditions.

Throughout these Terms, "we," "us," and "our" refer to The Lifestyle Concierge Ltd, a company owned and managed by Catherine Sielmann (also known as Kate Sielmann). The Lifestyle Concierge Ltd provides online mountaineering and trekking coaching through one-to-one programs and digital products. This includes all information, products, resources, tools, and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. The terms "user," "you," and "your" refer to site visitors, customers, and purchasers of the course(s) and/or digital products.

By visiting this site and/or purchasing a one-to-one program or digital product from this site, including all information, products, resources, tools, and services available from this site, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before purchasing and accessing the online course/digital product. By accessing or using any part of the site/service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the course, website, or use any services.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our platform, course hosting platform, or website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the digital course/product following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - PURCHASE TERMS & REFUND POLICY

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including copyright laws).

You agree not to transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.

Refund Policy: Due to the digital nature of our products and programs, we DO NOT offer refunds after purchase. If you’re not satisfied with your purchase, please share your concerns with us via email at hello@kate-sielmann.com.

Payment Plans: If you have selected a payment plan option, you understand and agree that all payments are to be made on time. In the event of a delay in payment, The Lifestyle Concierge Ltd reserves the right to bill you a late fee of 10% each week, based on the remaining balance due under the payment plan. Regardless of any attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.

Charge Disputes: You agree not to dispute any charges at any time. If you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such dispute. Disputing a charge through your financial institution constitutes a violation of this Agreement. You are responsible for any fees, including attorneys' fees, associated with recouping payment on outstanding payments and/or disputes, and any collection fees associated with such events. We reserve the right to forward any payment disputes to a collection agency.

SECTION 2 - GENERAL CONDITIONS

Service and Product Availability: The Lifestyle Concierge Ltd reserves the right to refuse service and products to anyone for any reason at any time.

Data Security: You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Use Restrictions: You expressly agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us.

Information Accuracy and Reliance: We strive to provide accurate and up-to-date information on this site and within our digital courses/programs. However, we are not responsible if information made available on this site or within the digital course/program is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site or digital courses/products.

Educational Information Only: You understand that the information presented in any course, resource, product, or program via this Site is for educational and informational purposes only. The Lifestyle Concierge Ltd does not provide legal, financial, therapeutic, mental health, or medical advice. We are not a law firm. All information provided throughout the Programs and Services, including resources delivered via phone/video conference, email, online forums, live events such as webinars, and video/audio recordings, is intended for educational and informational purposes only. You understand that The Lifestyle Concierge Ltd does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We strive to provide accurate and up-to-date information on this site, but we cannot guarantee that all information is always accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

Historical Information: This site may contain certain historical information. Historical information is not up-to-current and is provided for your reference only. We do not have an obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and programs are subject to change without notice. We reserve the right to adjust pricing, introduce new fees, or discontinue any products or programs at our discretion.

We reserve the right at any time to modify, suspend, or discontinue the Service (or any part or content thereof) with or without notice. This includes but is not limited to changes in the availability, functionality, or content of the Service.

We shall not be liable to you or to any third party for any modifications, price changes, suspensions, or discontinuations of the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new terms.

SECTION 5 - PRODUCTS AND SERVICES

Our products and services are available exclusively online through the website. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, product experiences, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Furthermore, we do not guarantee the availability of any products or services at any given time and shall not be held liable for any unavailability.

SECTION 6 – DESCRIPTION AND USE OF THE PRODUCT

The "product" refers to the online mountaineering and trekking training program and services created by Catherine Sielmann, the owner of The Lifestyle Concierge Ltd and hosted by Trainerize.com. Please refer to Section 11 for clarification on Terms and Conditions regarding Third Party links.

The start date and end date of the product are dependent on the customer and agreed upon by both parties.

Upon receipt of payment, the customer will receive a personalised and confidential download link via email within 48 hours. Sharing this link is prohibited and constitutes a violation of the Prohibited Uses outlined in Section 13.

The customer is required to complete the “Consultation Form” and, by doing so, agrees to disclose any medical conditions, health concerns, allergies, and/or previous injuries that may impact their safety when using the product. The customer also agrees to inform us of any changes in medical conditions, injuries, or health status as they occur.

The customer agrees and acknowledges that we cannot be held liable for any undisclosed information or unknown medical conditions. Please refer to Section 16 for more information regarding Liability and the product.

During the use of the product, we will create a training program for your use through the application, with the aim of helping you get fitter and faster for your trek or expedition. You agree that we cannot be held liable if you do not achieve your specified goals.

The start and end date cannot be altered unless serious harm or injury has resulted in you being unable to complete the remaining duration of the product. In such cases, you are required to submit an official Medical Letter from your GP informing us of your condition.

Once you have been cleared to undertake an exercise regimen by your GP, the remaining duration of your product may be used. It must be used within one year of your purchase date; beyond that date, it is not valid.

You agree that it is solely your responsibility to follow the training program, and that we cannot be held liable if you do not.

SECTION 7 – CANCELLATION & REFUND POLICY

Once the product has started, if you decide to terminate, you will not receive a refund. If you need to stop the product because of illness or injury, you must submit a legitimate Doctor's letter via email specifying why you are unable to continue with the product. Once we has received your email and Doctor's letter, your product will be paused, and you will have one year (365 days) to resume the product. After one year, the product is no longer valid, and you will be unable to redeem the remaining time on it.

The product, once started, cannot be transferred to another person.

SECTION 9 - BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We use the services of Stripe and PayPal to receive payments.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools, such as Trainerize.com, over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant thirdparty provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to read our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site, products, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

You agree that The Transformation Coach has not under any circumstances guaranteed certain results by using the product.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Released Parties be liable or responsible to you with respect to any loss or damage caused or alleged to be caused directly or indirectly by the products and services provided, or from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

You expressly agree to release, forever discharge, and covenant not to sue The Transformation Coach, their directors, suppliers, service providers, and licensors (the “Released Parties”) from any and all liability claims, actions, suits, or other proceedings resulting in personal injury, including accident, illness, death, or property damage, you may suffer or sustain, regardless of fault, arising from or in connection with your participation in any product or service.

You expressly and voluntarily release, forever discharge, and agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys' fees, brought as a result of your participation in any products or services, and to reimburse the Released Parties in full for any such expenses incurred.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mountaineering & Trekking Training and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a thirdparty.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales and are subject to the jurisdiction of the English Courts.

SECTION 21 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at: support@kate-sielmann.com