Terms of Service and Website Use

These are the terms of service (“Terms”) for this website created by Beth Tansey Peller, RN, BS, BSN, NBC-HWC, ICF-PCC.

Standard Accounts

If you enroll in the Beginner to Brilliant Mentoring Membership "Membership" online, you will receive an email to confirm receipt. Our Coaching Agreement with you (“Contract”) is formed when we send this email and is comprised of:

Your enrollment in the Membership or Be Brilliant Coaching Package, or another individual coaching appointment or series.
our email confirmation; and these Terms.

All Accounts

Please note we reserve the right at our discretion to cancel a membership or agree to not continue individual coaching due to it not being a good fit or

The Contract will run on either a monthly or annual subscription basis (as set made a Discovery call or zoom appointment on a no-fee trial basis.

Renewal of Accounts

For month-to-month Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).

Cancellation

You can choose to discontinue participating in and paying for the Membership Service or individual coaching at any time by cancelling your Contract through your user account options, in which case your Contract will expire at the end of the initial subscription term or current renewal period (as applicable). No further subscription fees will be charged but we shall not be obliged to refund any fees paid.

Termination

We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach or insolvency we shall not be obliged to refund any subscription fees you may have paid us.

These rights of termination will also apply to you against us. Where you terminate the Contract due to our insolvency or our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.

Use of your Account

Each Member shall keep a secure password for his use of the Services via your Account. If you discover any unauthorised use of the Service you must promptly let us know. You must keep your password and account details secure and ensure that only you access your Account.

You shall not transmit any computer virus, or any material during Member Meetings or individual coaching sessions that:

is unlawful, threatening, defamatory, obscene, infringing , discriminatory or is racially offensive;
facilitates or encourages illegal activity;
depicts sexually explicit images; or
promotes unlawful violence or causes damage or injury to any person or property,

and we reserve the right, without liability to you, to disable your access to any material that breaches this provision.You are responsible for complying with the laws of the country from where you participate.

Payment

A subscription fee is due in advance for use of the Service (i.e. monthly in advance for month to month Contracts. The subscription fee will be detailed in your Registration Page or Registration Confirmation (as applicable). It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added.

You may request a refund within the first 30 days of paid service if you are unsatisfied for any reason by emailing bewellwithbeth@gmail.com. We will refund your first payment in full within 30 days. After the first 30 days all payments are non-refundable.

You must provide us with valid, up-to-date and complete credit card (or similar card) details, and you authorize us to bill such card on or after the first day of your initial subscription term, and thereafter on or after the first day of each subsequent renewal period.

Payment by credit card (or similar card) will be processed via Stripe. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until payment has been made.

We shall be entitled to increase our subscription fees upon 14 days’ prior notice to you.

Please note that you are not entitled to a refund of subscription fees paid to us unless you terminate the Contract because of our material breach or insolvency in accordance with the ‘Our contract with you’ section above. (With the exception of the first 30 days of your paid service.)

Ownership of Data

We do not monitor Your Data posted or provided as part of the Service. You are solely responsible for all the data you enter or upload using the Service (“Your Data”), and any intellectual property rights in Your Data will be owned by you. We will comply with our Privacy Policy in relation to the use of Your Data.

In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.

Where the Contract has expired or the Contract has been terminated by either of us, you may request a copy of Your Data from us within 12 months of the expiry or termination date (as applicable). After that period we will delete your Account, including invoice details, and all Your Data. It is your responsibility to either export and/or copy Your Data prior to the expiry or termination date, or request a copy from us within 12 months days of such date.

Data Protection

If Your Data includes any personal data (as that term is defined in the Data Protection Legislation), then you acknowledge that we shall be deemed the data processor and you are the data controller in respect of any such personal data (where “controller”, “processor” and “personal data” have the meanings as defined in Data Protection Legislation).

We shall comply with our, and you shall comply with your, respective obligations under the Data Protection Legislation and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the US; and (ii) any successor legislation to the GDPR or the Data Protection Act 1998 from time to time in force in the US. This section is in addition to, and does not relieve, remove or replace, your or our obligations under Data Protection Legislation.

The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any data you upload using the Service and the categories of data subjects are any individuals that may be referred to within such data. The duration of the processing is that of our retention period, which is a maximum of 12 months from expiry or termination of your Account.

You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.

We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:

process the personal data only on your written instructions (unless otherwise required by applicable law);
maintain records of any processing of personal data that we carry out on your behalf;
ensure that we have in place appropriate technical and organizational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify you without undue delay on becoming aware of a personal data breach; and
at your written direction, delete or return personal data and copies thereof to you on termination of this Contract (unless required by applicable law(s)

You warrant that:

you are not aware of any circumstances likely to give rise to breach of the Data Protection Legislation (including any personal data breach);
you have a lawful basis under the Data Protection Legislation to transfer the personal data to us for processing under this Contract, and such use will comply with all Data Protection Legislation;
you will promptly notify us of any action we must take to assist you with ensuring compliance with your obligations under Data Protection Legislation, including with request to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; and
the personal data is necessary, adequate, relevant, accurate and up-to-date

Our rights in the service

The content on this web site and any digital materials purchased through this web site are proprietary, and all intellectual property rights in it are owned by Beth Tansey Peller.

Liability

This section sets out our entire liability to you in respect of any breach of Contract or any use made by you of the Service.

The Service is provided on an ‘as is’ basis, and we do not guarantee that the Service will be suitable for your intended use. However, nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

Subject to the paragraph above, we exclude all other liability to the extent permitted by law and we shall not be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the one month period preceding the date on which the claim arose, or where you have paid for a block period in advance, the average monthly charge for that period.

General legal provisions

We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts or events beyond our reasonable control.

If we choose to waive any particular right we have under the Contract on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of the Contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Contract.

You are not entitled to transfer or assign your rights and obligations under the Contract to anyone else without our prior written permission.

If there are any disputes arising out of your use of the Service or relating to the Contract then these will be governed by the laws of England. If either party require to raise court proceedings in relation to any such dispute then these proceedings must be raised in England.

If you wish to contact us in writing or a provision of these Terms requires you to give us a notice in writing (for example, to cancel the Contract), please do so by email at hello@paperbell.com. If we have to contact you or give you notice in writing, we will do so by e-mail.‍

Affiliate Links

Some links on my site and marketing communications are affiliate links, meaning I may receive a comission if you click these links.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site.

Intellectual property rights

I am the owner or the licensee of all intellectual property rights on this site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on the site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
My status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on this site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity

Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. However beyond that we exclude all other liability to the extent permitted at law.

In no event shall we be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss, and except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the previous month.

Information about you and your visits to our site

We are committed to respecting your privacy. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Transactions concluded through our site

Contracts for the supply of goods, services or information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

Uploading material to our site

Other than material that you upload in relation to the use of our services, any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable law

These terms of use shall be governed by the laws of the United States If either party require to raise court proceedings in relation to any dispute relating to these terms or your use of the site then these proceedings must be raised in in the US.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

If you have any concerns about material which appears on the site, please contact me at bewellwithbeth@gmail.com.

Thank you for visiting my site.