Terms and Conditions of Service
Hello and welcome! We are delighted that you would like to develop your brand by using our services. Please read these Terms carefully before you commit to buying our services or accessing any of our proprietary materials, as doing so constitutes your full acceptance and understanding.
These Terms contain:
- your legal rights and responsibilities
- our legal rights and responsibilities, and
- certain key information required by law
If you would like to speak to us about any aspect of these Terms, please contact us by email at firstname.lastname@example.org
In these Terms:
‘We,’ ‘us’ or ‘our’ means Gabrielle Gweneth Coaching, managed by Gabrielle Misiewicz, a sole trader of 2 Percy Street, Glasgow, G51 1NZ.
‘You’ or ‘your’ means the person buying or using our products, services and resources.
‘Intellectual Property Rights’ mean all intellectual property rights, however arising and in whatever form, whether or not registered, including copyright, patents, trademarks, website marks, trade names, registered designs and any applications for the protection or registration of these rights.
‘Data Protection Legislation’ means all applicable data protection and privacy legislation in force from time to time in the UK.
If you buy our products or services, you agree to be legally bound by these Terms.
If you use any of our free resources (for example podcasts, workbooks, discovery sessions or any other resources we may offer free of charge from time to time) you also agree to be legally bound by these Terms as appropriate, excluding the clauses relating to payment.
When buying any products or services or using any resources you also agree to be legally bound by:
- extra terms which may add to, or replace, some of these terms, for example any specific written contract between us;
- specific terms which apply to our services, for example service descriptions which may be set out on the webpage or sales page for that offering or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the offering, look at the services description we have sent you in an email or request it from us.
2. The Service
As part of the Service you select at checkout, you will receive the services outlined on the web page where you registered. We reserve, in our sole right and discretion, the right to adjust the Service, including any deliverables and/or pricing at any time. Except as otherwise expressly provided for in these Terms, any modification to the Service will take effect following notice to you.
We try to describe and display our services as accurately as possible. Please do not accept that the site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
3. Refusal of Service
We reserve the right to refuse service to any order, person or entity without obligation to assign reason for doing so. We reserve the right to limit the number of participants in any given online class or workshop. We may at any time change or discontinue any aspect or feature of the site or service.
4. Order Confirmation
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during the introductory period). The price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
5. Charges and Payment
1. You agree to the Service fees and payment schedule selected at checkout.
2. Aside from services where payment is required in full, the balance due on any late payments will be charged interest at the rate of 18 percentage points a year.
3. Payment is non-refundable, even where you do not complete any service, as the payment is for the service as a whole and not any individual part.
4. If you decide to withdraw from or cancel our products and services at any time for any reason you will remain liable for the full cost of our products and services and you shall not be entitled to a refund.
5. In view of the clear no-refund policy, we do not accept any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account, which could have a negative impact on your credit rating.
We warrant that:
a. We are lawfully entitled to provide the Service you purchased
b. Subject to your compliance with your obligations set out below, use of the Service by you in accordance with the terms of this agreement will not infringe the Intellectual Property Rights of any third party, and
c. The Service will conform substantially with its description.
All other representations, conditions, warranties or other terms which might have effect between you and us or be implied or incorporated into this agreement whether by statute, common law or otherwise, are excluded to the extent permitted by law.
7. Our Responsibilities
1. We shall deliver the Service using reasonable care and skill, in accordance with the law, and using personnel who are appropriately trained and experienced.
2. We will offer you guidance and accountability and help you make positive professional and lifestyle changes to make progress towards your business goals.
3. We are not counsellors and do not treat mental disorders, health issues or offer medical treatment of any kind.
8. Your Responsibilities
1. You will provide us with reasonable and prompt co-operation to facilitate our performance of our obligations under this agreement in a timely and efficient manner, including the provision of any information we may request and ensure that such information is accurate in all material respects.
2. If you are in material breach of this agreement, we reserve the right to suspend or curtail the services as we see fit.
9. Carrying Out the Service
1. All coaching and consulting sessions (including rearranged sessions) must be taken within the timeframe specified in the Services Description or they will expire.
2. You can rearrange any three coaching sessions providing you give us at least 24 hours’ notice. If you give us less than 24 hours’ notice, fail to turn up to a session or have already rearranged three sessions, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
3. We record our calls for reference purposes, to better serve you in future meetings and to prepare any agreed upon deliverables. By entering this Agreement you consent to the recording of our calls for these purposes.
4. Services might be affected by events beyond our control. If so, there might be a delay before we can restart the Services. We shall make reasonable efforts to limit the effect of any of those events, we shall keep you informed of the circumstances, and we shall try to restart the Services as soon as those events have been fixed. Examples include but are not limited to: illness, pandemics, epidemics, IT issues and problems with internet connectivity, or any law or action taken by a government or public authority.
10. Intellectual Property Rights
1. Except where expressly provided otherwise in this agreement, we and you shall each retain ownership of our own Intellectual Property Rights.
2. We shall retain copyright in all written material prepared for you and we hereby grant to you a royalty free licence to use the written material to obtain the benefit of our products or services on the terms of this agreement, revocable only in the event of a material breach by you of the terms of this agreement.
3. We take the infringement of our Intellectual Property Rights very seriously and we always take action to protect them. You may not modify, copy, reproduce, republish, upload, post, transmit, sell, market, create derivative works, exploit or distribute in any way (including electronically) our intellectual property except for the specific internal business use for which it was created and licensed to you as this would be in breach of our Intellectual Property Rights.
11. Confidential Information
1. All information shared by you on a one-to-one basis will be kept strictly confidential, except when releasing such information is required by law and/or where we consider it necessary to do so in good faith because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime.
2. Our Confidential Information is proprietary and belongs exclusively to Gabrielle Gweneth Coaching. You agree not to copy, disclose, reveal or make use of any Confidential Information or any transactions. You agree not to use Confidential Information in any other manner other than for personal edification. You will keep our Confidential Information in strictest confidence and will use your best efforts to safeguard this information and protect it against disclosure, misuse, loss and theft.
3. The obligations in clauses 11.1 and 11.2 will not apply to information which:
a. has ceased to be confidential through no fault of either party;
b. was already in the possession of the recipient before being disclosed by the other party; or
c. has been lawfully received from a third party who did not acquire it in confidence.
4. Each party’s duty of confidence shall continue after termination of this agreement.
12. Data Protection
1. Each party shall comply with the Data Protection Legislation.
2. Consistent with the requirements of the Data Protection Legislation we shall:
a. act only on instructions from you in respect of any personal data processed;
b. have technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by us, appropriate to the harm that might result from such unauthorised or unlawful processing or loss, destruction or damage to personal data and the nature of the personal data;
c. take all reasonable steps to ensure the reliability of any of our staff who have access to personal data processed in connection with this agreement; and
d. not transmit the personal data to a country or territory outside of the European Economic Area without ensuring that such data is afforded adequate protection as required by the Data Protection Legislation.
13. Limitations and Exclusions of Liability
1. Neither party shall be liable for any direct or indirect loss of profit, loss of business, loss of goodwill, loss of savings, claims by third parties, loss of anticipated savings, or for any indirect loss or consequential loss whatever and however caused (even if caused by that party’s negligence and/or breach of contract and even if that party was advised that such loss would probably result).
2. Except as expressly set out above, each party’s total liability for any claims, losses, damages or expenses whatever and however caused (even if caused by its negligence and/or breach of contract) shall be limited for each event or series of linked events to a maximum sum equal to the total Payment (excluding VAT) actually paid by you to us for the product or services giving rise to such liability.
1. Either party may terminate this agreement by written notice to the other party immediately if the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being remedied, such breach is not remedied within 30 days of a written request to do so (such written request must expressly refer to the threat of termination in accordance with this clause).
2. Termination of this agreement will not affect any accrued rights or liabilities of either party or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination.
3. Upon termination of this agreement for any reason we shall be entitled to invoice you (within a reasonable period of termination) any un-invoiced Charges.
4. If you decide to withdraw from or cancel our services at any time for any reason (except in accordance with 13.1), you shall still remain liable for the full cost of our products or services and you shall not be entitled to a refund for any products or services you paid for in advance.
You agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arisiting out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.
You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
16. Force Majeure
Neither party will be liable for any delay or failure in performing its obligations under this agreement if caused by circumstances beyond its reasonable control. Provided the party in default notifies the other party promptly in writing of the reasons of the reasons for and likely duration of the failure or delay, then the performance of the parties’ obligations shall be suspended during the period that the circumstances persist.
We shall not be liable for any costs, loss or damages due to delay or non-performance under these terms arising out of causes beyond our control.
These terms and conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
18. Variations and Waiver
No variation of these terms is valid unless it is in writing and signed by or on behalf of each of the parties.
The failure to exercise, or delay in exercising, a right or remedy under this agreement shall not constitute a waiver of the right or remedy, or a waiver of any other rights or remedies.
1. If any of these Terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal the other provisions shall remain in force.
2. If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
20. Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes any arrangements, understanding or previous agreement between the parties relating to the subject matter of this agreement.
21. Dispute Resolution
1. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator where the parties are unable to first negotiate a settlement without such assistance.
2. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
3. In the event of a dispute, you agree not to engage in any conduct or communications, including on social media, designed to disparage Gabrielle Gweneth Coaching or Gabrielle Misiewicz or our website, products and services.
22. Adverse and Derogatory Comments
The parties agree on behalf of themselves not to directly or indirectly, either orally, in writing or on any social media platform, make any adverse or derogatory comments about the parties or officers or employees of the parties, or to entice, encourage or request that any third party make any adverse or derogatory comments about the parties or officers or employees of the parties.
23. Governing Law and Jurisdiction
This agreement and any dispute arising out of or in connection with it is governed by the laws of England and Wales.
Each of the parties submits to the exclusive jurisdiction of the courts in England and Wales.