TERMS AND CONDITONS

TERMS AND CONDITIONS - EVENTS 

1. Acceptance of terms and conditions
   
   

1. Term of engagement
   1. You are engaging me as a life coach/energy work practitioner  to provide coaching/energy work services (Services) on the terms of this agreement as specified in the Schedule to this Agreement.
   2. This contract between us will commence on the date you purchase for your session or package and will continue either until all of the Services have been performed or unless and until terminated by either of us giving [2 weeks’] notice to the other in writing to the relevant address set out above. 
2. Sessions and cancellation
   1. Each appointment at which the Services are provided (Session) will last for a maximum of one hour and will take place over Zoom unless we agree to an alternative venue (such as a local hotel).
   2. Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to such Session). 
   3. You are responsible for your own belongings that you take to a Session and neither I nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings. 
   4. You agree to reimburse me in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
   5. You may cancel a Session by notice in writing, by email or by telephone to the other and the following cancellation fees will be payable by you.  
   6. If you cancel a Session then you must pay the following cancellation fees:
      1. no cancellation fee if you cancel a Session more than 7 days before the start time of the Session; and
      2. a 50% cancellation fee if you cancel a Session 7 days before the start time of the Session but more than 48 hours before the start time of the Session; and
      3. 100% cancellation fee if you cancel the Session on or less than 48 hours prior to the start time of the Session.
   7. I may cancel a Session by providing notice to you and if I do so, I will re-schedule the Session to the earliest mutually convenient time.
   8. I will ask you to complete a questionnaire in advance of our first Session and you will provide true and accurate answers to the questions.
3. Duties of Coach/Energy Work Practitioner
   1. I shall provide the Services with due care, skill and ability. 
   2. Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and energy work, I do not guarantee any particular results.
4. Fees
   1. In consideration of me providing the Services to you, you will pay me a fee for each Session of £100 per hour inclusive of VAT. Where a Session lasts for less than one or more full hours or more than one full hour, the fees will be calculated pro rata at a rate of £25  for each QUARTER OF AN HOUR.
   2. Subject to clauses 2.6 and 4.3 of this Agreement, I will not be obliged to provide you with any refunds for any reason.  
   3. As you are purchasing the Services as a consumer (namely you are not purchasing the Services wholly or mainly in the course of a trade, craft, profession or business), the following applies:
      1. you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at rebecca@starandwell.com or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
      2. [notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
      3. in relation to the provision of any services under this Contract:
         1. you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
         2. if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
   4. If you contact me between scheduled Sessions then I may at my discretion provide a brief response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:
      1. advise you to arrange an additional Session (at the fees set out in Clause 4.1 above); or
      2. inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.
   5. I will invoice you monthly in advance for the fees set out in this Clause 4 (together with VAT which shall be charged in addition to the fees, where appropriate). 
   6. You shall pay each of my invoices in full and in cleared funds on presentation of the invoice to the bank account nominated in writing by me.
   7. You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.
   8. Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:
      1. charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of Starling Bank, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and
      2. suspend all Services until payment has been made in full.
   9. All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4.6 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
5. Confidential information
   
   

1. any use or disclosure authorised by you or required by law; 
2. any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
3. any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
4. As is good practice in coaching, I undertake coaching and am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.
5. You may disclose to third parties such information about the Sessions as you wish.
6. Data protection and Intellectual Property
   1. You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. I will use and process your personal data in accordance with my Privacy Notice that you can view at www.starandwell.com.
   2. I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
   3. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.
   4. I grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
   5. You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions. 
7. Obligations on termination
   1. On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
   2. Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
   3. Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).
8. Status 
   
   

1. Nothing in this Agreement shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
2. I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.
3. My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
4. If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay. 
5. The provisions of this clause 9 shall survive termination of this agreement. 

1. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
2. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. 
2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

1. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
   
   

1. Acceptance of terms and conditions
   
   

1. add the membership to the cart and proceed to the checkout and make payment as directed;
2. if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;
3. we will send you an email acknowledging your order and confirming whether we have accepted your application.
4. If at any stage you have made an error in your order, you may email us at rebecca@starandwell.com to correct any errors.
5. If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
   
   

1. We may at our absolute discretion refuse membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
2. Memberships shall continue unless they are terminated by either of us in accordance with clause 7 below. 
3. You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorized use of your account.
4. The online materials of the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
5. You may only communicate with the other members in the membership for the purposes of making use of the membership and may not make unsolicited promotions of your goods or services to such members. 
6. The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.
   
   

1. 
   All notices sent by you to us must be sent to STAR AND WELL  at rebecca@starandwell.com. We may give notice to you at either the e-mail or postal address you provide to us in writing. Notice will be deemed received and properly served 24 hours after an e-mail is sent or two days after the date of posting of a pre-paid first class, recorded delivery or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the first class, recorded delivery or registered post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
2. If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
3. If we do not insist on performance of your obligations or we delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
4. We may vary these Terms (other than the price payable by you for the Membership) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Membership will be deemed to be your acceptance of any new Terms.
5. You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.
6. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
7. These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts. 
   
   

ANNEX 1