Terms and Conditions
1.Introduction
These Terms and Conditions (“Terms”) along with our privacy notice, available at https://www.rebeccahaydon.com (the “Website”) set out the basis on which we provide our Services to you. When you purchase our Services you agree to be bound by them.
2.The Services
We provide business support through coaching and mentoring programmes (“the Services”). Full details of our Services can be found on our Website.
3.What you agree when you buy from us
When you purchase our Services, you’re confirming that you are over 18, that you are legally capable of entering into a legally binding contract, and that all information you provide to us is true and accurate.
You agree to keep your access to the Services private, and not to share, disclose, assign, sell or licence any part.
During your access to the Services, you may choose to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Services.
You acknowledge that the Services are designed to provide you with information, materials and support to assist you in developing yourself and your business, they are not a substitute for counselling or other therapy services. If you’re currently seeking medical or other professional help concerning your mental health, or if you’re in any way unsure as to your mental capacity to use the Services, then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant.
4.Access to private groups and sessions
If the Service you purchase includes group calls or meetings (“Sessions”), we’ll provide them by online meeting facility or telephone and we’ll confirm the dates and times by email.
You’ll be responsible for attending any Sessions included with your chosen Service. We regret that no alternative or replacement dates or times will be offered if you are unable to attend a Session for whatever reason.
We want to ensure that everyone using our Services and attending our Sessions feels safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when accessing any of the Services, including Sessions, and not to act in a manner which may cause offence, distress or alarm to any other individual accessing the Services.
When you access any of our private groups or Sessions, you agree:
NOT to use those groups for any unlawful purpose; and
NOT to upload, post, transmit or otherwise make available content that:
is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
discloses personal and/or confidential or sensitive information about another person;
is threatening or causes another individual accessing the Services to feel harassed or in fear; and/or
is classed as spam.
If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our groups, on our Website, or during the delivery of any of our Services you agree to notify us as soon as possible.
5.Your Purchase of the Services
Your purchase of any Services is a contractual offer that we may choose to accept.
Our welcome email confirms acceptance of your order and our legally binding agreement.
If your order is not accepted, we will notify you by email and provide a full refund.
The details of all Services are set out on our Website and the Service that you purchase shall be delivered in accordance with the details displayed on our Website at the time your purchase is made.
We reserve the right to make changes to the Services, in whole or part, as we reasonably require without notice to you. If we make changes, we’ll ensure the Service still matches the original description or we’ll offer a reasonable alternative, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Services.
6.Payment and Charges
The purchase fee applicable for your chosen Service is as set out on our Website at the time of your purchase (“the Fee”).
Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and we must receive cleared payment before you are entitled to access the Services.
If you choose to pay the Fee by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you’ve still received access to the Services, you agree to provide full payment of the Fee within 7 days from access to the Services being provided.
If we agree to accept payment of the Fee by instalments, then you agree to:
provide payment of the instalments as and when they fall due in accordance with the instalment plan agreed at the time of purchase of the Services.
You accept and understand that you’ll remain responsible for providing the instalment payments until the Fee has been paid in full. .
We reserve the right to change our Service fees at any time. Any changes will not affect the price of Services where payment has already been made and a welcome email sent.
If you are invited to attend in person meetings, events, retreats or similar then you will be responsible for arranging and funding your own travel, accommodation and insurance in order to participate in such activities.
7.Late Payment
Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 7 days overdue then:
We’ll be entitled to withhold delivery of Services until payment has been made in respect of the outstanding amount; and
interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 8% over the Bank of England’s base rate from time to time;
any discount or other agreed promotional change to the Fee will cease to apply and you will be responsible for payment of the full Fee amount; and
we’ll apply a fixed administration fee of £50 to your account.
If your payment is beyond 30 days overdue, we shall be entitled to terminate our agreement and instruct a collection or legal agent to seek recovery of the outstanding amount along with our reasonable costs incurred in taking such action.
8.Refund Policy
No refund policy shall apply to your purchase of the Services, including any deposit payment.
In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Services then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £250.
9.Cancellation and Termination
You can cancel the Services by providing us with a minimum of 14 days’ notice by email. Despite the cancellation, no refunds shall apply and when you cancel, all payments due to us shall become immediately due and payable.
We reserve our rights to terminate our agreement and your access to the Services, with immediate effect, if you:
commit a material breach of your obligations under these Terms; or
fail to provide payment of any sum due to us as and when it becomes due; or
become subject to a bankruptcy or similar financial order or proceedings affecting you or your business; or
act or behave in a way which we reasonably consider may have a detrimental effect on our business or reputation; or
fail to positively engage with the Services or impair the delivery of the Services; or
fail to abide by any of these Terms or any other guidance we may provide whether such action constitutes a material breach or not.
Upon termination for any reason:
all terms which either expressly or by their nature relate to the period after the Services have been delivered or terminated shall remain in full force and effect; and
you will no longer be entitled to access or use any private groups, Sessions, or Content unless we have expressly agreed in writing otherwise; and
you shall cease to use, either directly or indirectly any Content and/or Confidential Information belonging to us and shall immediately destroy or return to us any copies in your possession.
10.Complaints or Concerns
If you have any concerns about the Services, you agree to let us know by email to assistant@rebeccahaydon.co.uk and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.
11.Confidentiality
We want to create a safe and secure space for everyone accessing our Services and so the protection of confidentiality is very important to us. When you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
Where we disclose Confidential Information to you, or where it is disclosed by another individual accessing our Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not share it or use it in any way other than in discussions as part of your use of the Services;
In these Terms, Confidential Information means ideas, know-how, business practices, customer/client details, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms and Conditions.
If we provide you with access to materials, information, resources, data and/or other content as part of the Services (“Content”), you agree to only use it in connection with your use of the Services and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.
Our obligations shall not apply where it’s necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice (whether or not related to this Agreement), where we have been directed to do so by a court or other body of equivalent jurisdiction or where we reasonably believe you are at risk of danger to yourself or others.
12.Our Intellectual Property
We take the protection of our Intellectual Property Rights in relation to our Content and Services very seriously.
When you purchase any Services, we’ll grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use any Content we provide to you solely for the purposes as intended by the Services and these Terms. All other uses are strictly prohibited. Your Licence will become valid upon full payment of the Fee and we reserve the right to terminate it at any time. The Licence will automatically terminate once your access to the Services terminates unless we agree otherwise.
Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it. We shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
When you purchase our Services you agree and undertake that from the date of purchase you WILL NOT:
copy, reproduce, sell, licence, share or distribute any of our Content, whether during the period of provision of the Services or at any time thereafter;
record any webinars, online or in-person events, videos, Sessions or any Content;
infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights or any such rights belonging to another individual accessing the Services.
In the event of your breach of your obligations relating to our Intellectual Property then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.
The provisions above shall continue in force notwithstanding the termination for any reason.
13.Your Personal Data and how we use it
Personal data in these Terms means any information which is capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable the proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at https://www.aimeebrowne.co/privacy-policy
As part of the delivery of the Services, your image may be recorded in photographs, images or screenshots by us or other individuals accessing the Services and shared on social media. By purchasing our Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at assistant@rebeccahaydon.co.uk
14.Reviews and Testimonials
If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission to exhibit, copy, publish, distribute, or use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, that Client Content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.
When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
These provisions shall survive termination.
15.Non-solicitation and non-competition
For the duration of your access to the Services and for a period of 12 months afterwards you agree NOT to:
canvass, promote or advertise your products or services to any of our employees, contractors, any individual who has purchased our Services (“Client”) or who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Services to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;
not employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Services, without our express consent in writing, such consent not to be unreasonably withheld.
16.Liability
Your purchase of the Services and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.
We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
any indirect, consequential or special damages, losses or costs;
any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
any failure to deliver the Services where we are prevented due to a reason beyond our reasonable control; or
any losses arising from your choice of Service requested or your use of the Services once delivered.
We do not warrant or guarantee that your access to the Services will be:
accessible via your particular hardware or software;
free from interruptions or errors;
free from defects;
suitable for your particular personal situation or circumstances.
Our Website and any systems and processes used to deliver the Services are provided on an ‘as-is’ and ‘as available’ basis. We shall not be liable for any lack of accessibility to the Services caused by changes, amendments or routine or unexpected maintenance.
We shall not be liable where we’ve informed you of a problem with the Services and provided a free update and you’ve failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
any of these Terms;
your use or participation in any way in any way with the Services.
During the term of your access to the Services, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
In the event a dispute arises in connection with the provision of the Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.
17.No Guarantee
When purchasing the Services you’ll have access to Content designed to benefit you but it’s your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
We’ve made every effort to accurately represent the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.
18.Contact between us
Rebecca Haydon (“We”, “Us”, “Our”), Our registered office is The Hangar, Hadley Park E, Telford TF1 6QJ
All communication between us will be via telephone or email or zoom as agreed.
We’ll communicate with you via telephone or email as agreed using the details email address you provide to us so please ensure you notify us if they change.
If you need to provide us with any notice, or you wish to contact us please email us at assistant@rebeccahaydon.co.uk
19.General
No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.
Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
We’ll make every effort to deliver the Services in accordance with these Terms but we’ll not be liable for any delay or failure caused by an act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time for delivery of the Services shall be extended until a reasonable time after the Event and under no circumstances will we be liable for any loss or damage suffered by you as a result.
If an Event arises, we’ll email you to confirm the nature and extent of the Event and any steps we are taking to mitigate its impact and effect.
If the Event continues for longer than 6 months then either one of us shall be entitled to terminate by providing 14 days’ notice. Termination in these circumstances shall be without prejudice to the rights of either party in respect of any breach of these Terms occurring prior to termination. Any refunds will be considered at our discretion.
This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
You agree that no other representations have been made by us to induce you into purchasing any of our Services and no modification or variation to these Terms shall be effective unless agreed in writing.
Save as provided for in clause 15.9 the Contracts (Rights of Third Parties) Act 1999 shall not apply.