Online Program Terms and Conditions

Jen Smollett Coaching Ltd

 

Online Program Terms and Conditions

 

I am so pleased you have decided to sign up for my online program - please read the following important terms and conditions before you commit to using them.

This contract sets out:

  • your legal rights and responsibilities;
  • my legal rights and responsibilities; and
  • certain key information required by law.

The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

In this contract:

  • ‘I’, ‘me’ or ‘my’ means Jen Smollett trading as Jen Smollett Coaching Ltd; and
  • ‘You’ or ‘your’ means the person buying or using my services and resources.

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at [email protected]

BACKGROUND

The details of the online program are set out on the webpage or sales page where you signed up for the program, (Embracing ME – your journey to living your life authentically).

I am a limited company with company number 11434541 and with its registered office at 86 Barton Road, Barlestone, CV13 0ER.

  • Introduction
    • If you sign up to my online program you agree to be legally bound by this contract.
    • If you use any of my free resources (for example a free trial, podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
    • When signing up for the online program or using any resources you also agree to be legally bound by:
      • my website terms of use and privacy policy https://www.jensmollett.com/pages/privacy-policy
      • specific terms which apply to my online program which may be set out on the webpage for the online program or in email correspondence between us.

All these documents form part of this contract as though set out in full here.

  • Information I give you
    • Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract or the online program description.

 

I shall give you information on:

the main characteristics of the online program

who I am, where I am based and how you can contact me

the price of the online program

the arrangements for payment, your access to the online program and any relevant timeframes

how to exercise your right to cancel the contract in the cooling off period if you are a consumer

my complaint handling policy

 

  • Ordering services from me
    • Below, I set out how a legally binding contract between you and me is made:
    • You sign up for the online program either on the site by clicking on the relevant payment link.
    • When you sign up for my online program by clicking on the payment link on my site, I shall acknowledge it by email. This acknowledgement does not, however, mean that you have been accepted into the online program. I may contact you in my sole discretion and refuse entry to the online program, for example if I do not think the online program is right for you or there has been a mistake in the pricing or description of the online program. I do not have any obligation to provide a reason for this refusal.
  • The online program
    • If you are a consumer you have protection under consumer rights legislation, including that I must provide the online program with reasonable care and skill.
    • The availability of the online program might be affected by events beyond my reasonable control. If so, there might be a delay before I can make the online program available again. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to provide access as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with hosting providers.
    • In the event that online program resources are not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, I shall have no liability in any circumstances.
    • When you gain access to the resources in the online program, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While I use all reasonable endeavours to provide a quality viewing experience, I cannot make any guarantee as to the resolution or quality of the content you will receive.
    • In order to gain access to the resources in the online program, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the online program platform and software from time to time. I may change the requirements for compatible devices from time to time and, whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.
    • I reserve the right to make changes to the online program from time to time. The availability of the content, as well as platforms and compatible devices, may change from time to time. I also reserve the right to replace or remove any resources and the platforms available to you through the online program, and to otherwise make changes in how I operate it. I may from time to time, with respect to any or all members offer certain features or other elements of the online program, including promotional features, user interfaces, plans, pricing, and advertisements.
    • No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the online program, in which case it will result in the immediate cancellation of the online program without refund. When you become a member you agree to take all actions possible to protect your login details from fraudulent use. I reserve the right to cancel any member account program I believe has been compromised, or is being used fraudulently, at my sole discretion.
    • The online program is not suitable for persons under [18] years of age, and by signing up you confirm that you are eighteen [18] years of age or older.
  • Your responsibilities
    • You will pay the fees for the online program in accordance with the online program description.
    • Account, Password and Security. When you sign up for the online program, you will be required to choose a password and user name. You are responsible for maintaining the confidentiality of your password and other login information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify me of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only. You may not use another member’s account without prior authorization from me.
    • Any content you post or submit to our jensmollett.com or to our Facebook Group while you are a member is subject to our website terms of use and acceptable use policy.
    • You acknowledge that deciding how to handle any issues which may arise as a result of your joining the online program, the choices you make in relation to them and whether or not you follow through on any information I provide is exclusively your responsibility. For this reason, although I fully expect great results to come from your participation in the online program , I cannot guarantee any specific outcomes or that all members will achieve the same results.  The results are entirely dependent on your commitment and the effort you put into the resources I make available.
    • I am a coach certified and registered with EMCC (European Mentoring and Coaching Council). The role of the online program is to offer you guidance and resources to help you make positive changes in order to progress to living your life authentically.
    • My resources do not treat mental disorders and are not a substitute for counselling, therapy, mental health care or medical treatment of any kind. By signing up for the online program you confirm that you will not use the resources in place of any form of counselling, therapy or medical treatment. 
    • If you are currently receiving treatment from a doctor or other healthcare professional, by agreeing to these terms and conditions and signing up for the online program, you confirm that you have consulted with the person treating you regarding the advisability of signing up for my online program and that this person is aware of and supports your decision to proceed with the online program.
    • The resources in the online program do not in any way constitute specific advice or recommendations. They are for training and guidance only. I am not able to advise you on your individual circumstances.
  • Fees and payment
    • The fees for the online program are set out in the online program description.
    • Online program fees are payable at the time of signing up to the online program or there is an option to pay (an increased amount) over 3, or 12 payments .The online program fees are billed once if payment made in full, or a periodic basis monthly as specified at the time of purchase. Your online program payments will continue on a recurring basis corresponding to the term of your subscription in accordance with clause 11.2.
    • The online program fees are non-refundable except for:
      • if you are a consumer, your right to a ‘cooling off’ period as described below (subject to clause 7.3); and
      • where I cancel your online program other than under 11.3 below, you are entitled to a partial refund for any period of time which you have paid for in advance and during which you will not have access to the online program.
      • where you provide reasonable evidence to [email protected] that you have participated in all learning (workbooks, completed training sessions and attended the group coaching sessions) and you don’t feel you have received any value.

In all other circumstances I am not able to refund to you any of the payments you have made in advance.

  • Cooling off period for consumers
    • If you are a consumer, subject to 7.3, you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
    • The cancellation period will expire 14 days after you sign up for the online program.
    • However, if you confirm to me you wish me to gain access to the online program resources during the 14 day cancellation period then you lose your right to cancel under the cooling off period. Logging into the online program site acts as confirmation. At this point my refund policy set out in clause 6.4 and my cancellation policy set out in clause 11.2 will apply. 
    • If you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, as specified in clause 7.3 this will only be the case if you have not logged into the online program site.
  • Intellectual property
    • If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
    • The resources in the online program are provided for your information and personal use only and (unless I explicitly state or agree otherwise in writing) may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever.
    • From time to time I may record live sessions that I make available to you through the online program. If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other condition or need for further consent.
  • How I may use your personal information
    • I shall use the personal information you give to me to:
      • provide the online program;
      • process your payment for the online program; and
      • inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
      • For full details of how I deal with your personal data, see my privacy policy here https://www.jensmollett.com/pages/privacy-policy
    • I shall not give your personal information to any third party unless you agree to it.
  • Resolving problems and complaints
    • In the unlikely event that there is a problem with the online program, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
    • I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
    • Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
  • Termination of your online program
    • Your right to cancel is limited as set out in clause 7.
    • This is not a membership and therefore you are required to continue to make all payments as specified at the time of purchase.
    • I may terminate your online program if you commit any material breach of the terms of this contract.
    • If I terminate your online program and suspend or discontinue your access due to your breach of this contract, then you will not be entitled to any credit, refund or discount in relation to the online program fees already paid by you.
    • If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
  • Limit on my responsibility to you
    • Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
      • losses that:
        • were not foreseeable to you and me when the contract was formed
        • that were not caused by any breach of these terms on my part
      • business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
    • My total liability to you is limited to the amount of fees you have paid for the online program.
  • Disputes
    • I shall try to resolve any disputes with you quickly and efficiently.
    • If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
    • The laws of England and Wales will apply to this contract.
    • In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage each other or my website, products and services.
  • Entire agreement

 These terms constitute the entire agreement between us in relation to your purchase.

  • Third party rights
    • No one other than a party to this contract has any right to enforce any term of this contract.