1.Preamble and Acceptance
4.If you have any questions, please do not hesitate to contact us via . We will be happy to answer them.
5.You may also contact us by post at Park View Road, Caterham, CR3 7DH
7.The information collected on our Website enables us to provide the following services: (i) links to other websites.
10.Personal Data that We Collect
12.The Personal Data we collect when you visit the Website may include: your first and last name, email address and IP address.
13.The Purpose of the Collection of the Personal Data We use the Personal Data that you provide us with for the following purposes:
14.(i) to enable you to use the interactive features of the Website when you wish to do so
15.Grounds for processing
16.Regarding the use of the Website, we justify the processing of your Personal Data under UK & English Law on Data Protection.
17.Personal Data Collected by Third Parties (Links to Other Websites)
19.Our Website may contain links that take you to other websites, in order to enable you to access the content available on these platforms. When you access another website through our Website, it is the relevant service provider’s responsibility to comply with applicable data protection requirements.
20.When you establish a connection to a website, your browser connects directly to the server of the relevant service provider. Through this connection, the website receives the information that your browser has accessed on the relevant page of our Website. This information (including your IP address) is transmitted from your browser directly to the service provider’s server and stored there.
22.Disclosure of Your Personal Data to Third PartiesWe may provide access to the Personal Data that you have provided to us through our Website to certain independent contractors and affiliated companies to assist us in the operation of the Website. To date, these contractors are as follows:
23.Sales and Marketing platforms
24.Email system provider
26.The purpose of sharing your Personal Data with the aforementioned third parties is to ensure our business, as well as to maintain and seek to constantly improve our Website, and the services offered to our users. The grounds on which we justify the processing of your Personal Data in this respect to UK & English Law, which authorises us to process Personal Data when such processing is necessary for the purposes of our legitimate interests.
27.Communication of your Personal Data to the Authorities
29.We may be required to disclose your Personal Data when required to do so by law or when we have a good faith belief that such disclosure is necessary to:
30.investigate, prevent or take action in relation to potential or actual illegal activities or to assist administrative enforcement authorities,
31.to execute an agreement between us and you,
32.to investigate and defend against a complaint or allegation from third parties,
33.protect the security and integrity of our Website or
34.exercise and protect the rights and safety of our users, employees or others.
35.We shall attempt to notify you of third-party requests for your Personal Data when we believe it is appropriate and technically feasible to do so, except where we are prohibited from doing so by law or an order of authority or where the request is urgent. We may challenge such requests when, at our sole discretion, we consider that the request is formulated too broadly, is too vague or is unfounded, but we do not guarantee to challenge any request.
36.The purpose of sharing your Personal Data with the aforementioned authorities is to meet our obligation under UK & English Law, which authorises us to process Personal Data when such processing is necessary to comply with a legal obligation to which we are subject.
38.Cross-Border Disclosure of Personal Data
40.Protection of your Personal Data and Notification of a Data Breach
41.We undertake to use all commercially reasonable means to prevent any exposure or disclosure of your Personal Data. In particular, we implement and maintain measures (including administrative, physical and technical measures) to deal with unauthorised disclosure or exposure of your Personal Data.
42.In the event of an actual or suspected breach of Personal Data, we will (i) use our best efforts to notify you promptly, where technically feasible, and (ii) cooperate with you to investigate and resolve the breach, including, but not limited to, providing you with reasonable assistance in notifying affected third parties. We undertake to provide you with access, without delay and upon reasonable request, to our records relating to the breach of your Personal Data, provided, however, that this does not give you access to records that belong to other users or that could compromise their security.
43.In the event of an actual or suspected breach of Personal Data, we undertake to notify the relevant authority under applicable law.
44.Your Rights with Regards to your Personal Data
45.Right of rectification: You have the right to obtain the rectification of your Personal Data if it is inaccurate or incomplete.
46.Right to object: Within the limits of the law, you have the right to object to the processing of your Personal Data.
47.Right to limit the processing: Within the limits of the law, you have the right to obtain a limitation of the processing of your Personal Data.
48.Right to portability of Personal Data: You have the right to obtain a copy of your Personal Data in a structured, commonly used and machine-readable format.
49.Right to Withdrawal of Consent: Within the limits of the law, you have the right to withdraw your consent at any time when the processing of your Personal Data relies on it.
50.Right to complain to an authority: You have the right to complain to any competent authority about the collection and use of your Personal Data.
51.We may ask you to prove your identity before responding to a request based on the above rights or otherwise related to your Personal Data.
52.Retention of your Personal Data
53.We retain the Personal Data you provide to us to the extent required to access and use our Website and its features (such as our newsletter registration forms), as well as to the extent required to comply with our legal obligations (for example, if we are required to retain your Personal Data under applicable law), to resolve a dispute or to enforce agreements we have entered into and our internal regulations.
54.We reserve the right to store the data in an anonymized form after the deletion of your Personal Data.
55.Security of your Personal Data
56.We attach great importance to the security of your Personal Data. However, no method of communication over the Internet or method of electronic storage guarantees 100% security. Therefore, although we strive to use commercially acceptable technical and organisational means to protect your Personal Data, we cannot guarantee its absolute security.
57.Personal Data Relating to Children
58.We do not provide services specifically targeted at children and we do not proactively collect Personal Data from children.
1.What are Cookies and what information do they collect?
1.Cookies are files containing a small amount of data that are sent from a website to your browser and stored on your device (computer or mobile device). Other tracking technologies, such as beacons, tags, and scripts (“Similar Technologies”), may also be used to collect and track information and to improve and analyse our Website.
4.In order to control/limit the collection of this information, you can: (i) if this feature is available, configure your browser to refuse all Cookies and similar Technologies or to indicate when a Cookie or similar Technology is being used, (ii) deleting Cookies and Similar Technologies and clearing your browsing data directly from your browser settings.
5.If you do not accept certain Cookies or Similar Technologies, you may not be able to access certain features of our Website.
6.List of Cookies and Similar Technologies that we use: (i) Session Cookies/similar Technologies: Cookies/Similar Technologies used to operate the Website. (ii) Preferences Cookies/Like Technologies: Cookies/Like Technologies used to save your preferences and various settings. (iii) Cookies/similar security technologies: Cookies/Similar technologies used for security purposes. (iv) Cookies/similar technologies from external services: Cookies/Similar technologies are used for the purpose of providing an interactive service such as the contact form. (v) Cookies/similar analysis technologies: Cookies/Similar technologies used for the purpose of measuring activity on the Website.
2.For what purpose do we collect information using Cookies?
3.Grounds for processing
1.Regarding the Cookies and Similar Technologies for the operation, maintenance and security of our Website, such data processing is justified on the basis of our legitimate interest, in accordance with UK and & English Law.
2.Regarding Cookies and Similar Technologies for statistical, analytical or marketing purposes in connection with our Website, such processing is justified on the basis of your consent, in accordance with UK and & English Law.
4.How long are the Cookies and Similar Technologies stored for?
1.The length of time we retain Cookies depends on their purpose and is uniform, regardless of whom the Personal Data relates to.
5.Links to other websites
1.ur Website and our pages available on social networks may contain links that take you to social networks such as Instagram, Facebook and YouTube (the “Social Network”), as well as to other websites, in order to enable you to access the content available on these platforms. When you access the Social Network or another website through our Website or any of our pages available on a social network, it is the responsibility of the relevant service provider to comply with applicable data protection requirements.
2.When you establish a connection to a Social Network or Website, your browser connects directly to the server of the relevant Service Provider. Through this connection, the Social Network or Website receives the information that your browser has accessed on the relevant page of our Website or on our page available through a social network, even if you do not have an account with the Social Network or if you are not logged in to the Social Network. This information (including your IP address) is transmitted from your browser directly to the service provider’s server and stored there. If you are logged in to your account with the relevant Social Network, Social Network may immediately link your visit to our Website or social network page to your account. If you interact with our Website or social network page, for example by clicking on the “Like” or “Share” icon, this information will also be transmitted directly to the Social Network service provider’s server and stored there.
6.Privacy at Sophie Piorkowska
Terms & Conditions
Please read these Terms and Conditions of Use (“T&C”) carefully. You must agree to these T&C before you are permitted to use any Pink Avocado Lab / Sophie Lavabre-Barrow / Sophie Piorkowska resources or engage with (“the Company”), doing business as Pink Avocado Lab digital or downloadable resources, online course, interactive or static website, one-on-one or group coaching, class, Resources, workshop, or training, or enter any online private forums operated by Sophie Piorkowska(for any purpose), whether on a website hosted by Sophie Piorkowska or a third-party website such as an online course platform or facebook.com (collectively “the Resources”).
If you do not agree with these T&C, you may not use the Resources.
As used in these T&C, the term “Releasees” is defined to include the following: (i) Sophie Piorkowska, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers.
The Resources is intended and only suitable for individuals aged 18 and above. Some of the content in the Resources may not be appropriate for children. The company hereby disclaims all liability for use by individuals under the age of 18.
2. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Resources, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b.The Company’s Limited License to You:
If you view or access any Resources or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Resources and Content for your own personal educational purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, or distribute electronically, the Resources or Content to others or any other third party, or otherwise use any material from the Resources or Content for commercial purposes either for free or in any way that earns you or any third party money (other than by applying the content generally in your own life or business for your own personal development). By downloading, printing, or otherwise using the Resources or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Each purchase is intended for the sole use of one student only. Any unauthorized use of any materials found in the Resources or Content shall constitute infringement, and your access to the Resources will be cancelled with no refund.
You must receive our written permission before using any of the Resources or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Resources or Content are trademarks belonging to the Company unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Resources or Content other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Resources in the event of your Unauthorized Use, or a minimum of £5,000, in addition to any legal or equitable remedies the Company may be entitled to pursue.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to The Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during use of the Resources such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old.
The Company will request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), whenever reasonably possible, for any purposes, including commercial purposes such as advertising. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason. Exceptions to our request for consent may include comments made by your public profile picture that are visible on a public forum or domain site should you comment on automatically updating, publicly visible spaces under the Resources.
For removal, please contact at firstname.lastname@example.org
The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Resources. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you unless otherwise specified in writing, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Resources or in our Content at any time for any reason.
e.Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to email@example.com
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Resources and Content.
3. Your Conduct in the Resources; Confidentiality
Please choose carefully the Materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
The company agrees to keep all information about our relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. You acknowledge that our communications are not covered by any doctor-patient privilege or other privileges.
You agree to keep all information you learn about other Resources participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
You are responsible for your Material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or another interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
Harassing, fighting with, or being disrespectful to other participants
Causing damage to any Company website or third-party forums operated by the Company
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Sharing private and proprietary information from the Resources with anyone else
Violating the rules posted in any private forum, whether hosted by Company or on a third-party site such as Facebook.com
We may also post separate rules regarding your behaviour if the resource contains an area entitled “RULES” of any online Resource, whether hosted on the Company’s website or a third-party website such as facebook.com, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these T&C.
If in Company’s sole discretion your conduct violates these T&C in any way, You agree that the Company may immediately and permanently terminate your access and participation in the Resources and Content, and remove You from the private group or other third-party forums operated by the Company.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
The Company may terminate your participation in the Resources at any time, without refund, if you breach any part of these T&C. In the event of cancellation or termination, you are no longer authorized to access the part of the Resources or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Resources and its Content will still apply now and in the future, even after termination by you or the Company.
5. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You acknowledge, within the maximum limits of applicable law, that, by engaging with the Company for the Resources, you voluntarily are participating in the Resources and You assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Resources, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Resources except in the instances of willful misconduct and gross negligence.
b. Your participation in the Resources does not establish a doctor-patient or counselling relationship of any kind between you, the Company, or anyone providing coaching services on behalf of the Company.
c. The Resources and Content provides information and education only and does not provide any financial, legal, medical, employment, or psychological services or advice. None of the Resources or Content prevents, cures or treats any mental or medical condition. The Resources and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Resources.
d. Earnings and Results Disclaimer. You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Resources. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Resources, and you understand that results and earnings differ for each individual.
e. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such a third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
f. The Company tries to ensure that the availability and delivery of the Resources and Content are uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
g. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE RESOURCES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE RESOURCES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
h. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE RESOURCES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE RESOURCES.
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
7. Legal Disputes
These T&C shall be governed by and construed in accordance with the laws of the United Kingdom, excluding its conflict of laws principles. The exclusive place of jurisdiction pertaining to any case or controversy arising from or relating to these T&C is London, United Kingdom. The first step of the dispute process is to attend preliminary mediation. The prevailing party in any dispute between the parties arising out of or related to these T&C, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
8. Users Outside the United Kingdom
The Company controls and operates the Resources from offices in the United Kingdom. The Company does not represent that materials on the Resources are appropriate or available for use in other locations. People who choose to access the Resources from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Resources or Content in violation of these T&C, (ii) any breach by you of these T&C or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Resources or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, to the limitation of the application of the law.
10. Force Majeure
The Company shall not be deemed in breach of this Agreement if Company is unable to provide all of the Resources or any portion thereof by reason of fire, earthquake, labour dispute, terrorism, public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Resources and shall propose revisions to the schedule for completion of the Resources or other accommodations or may terminate this Agreement.
11. General Provisions
This Agreement, including our Privacy and Cookie Policies which are incorporated herein, constitutes the entire agreement between the parties and reflects a complete understanding of the parties with respect to the subject matter.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This agreement supersedes all prior written and oral representations.
If you do not agree with these T&C, do not enter or use the Resources or Content.