This page tells you the terms and conditions (Terms) on which we supply the 1-to-1 coaching packages (Services) listed on our website www.debswinney.com (our site) to you. Please read these Terms carefully before ordering any Services from our site.
You should print a copy of these terms and conditions for your future reference.
By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.
Agreed terms
- INFORMATION ABOUT US
www.debswinney.com is a site operated by Learning Untangled Ltd trading as “Deb Swinney Coaching” (“we” or “us”). Our address is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ and our email address is deb@debswinney.com. - TERM OF ENGAGEMENT
2.1 You are engaging us as a coach to provide coaching services (Services) on the terms of this agreement as specified in the Schedule to this Agreement.
2.2 This contract between us will commence on the date you sign this agreement and will continue either until all of the Services have been performed or have expired (as referred to in clause 3.6) 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. - SESSIONS AND CANCELLATION
3.1 Each appointment at which the Services are provided (Session) will last for a maximum of one hour and will take place over the internet.
3.2 You may cancel a Session by notice using the email links in your booking email and calendar invite, or in writing, by email or by telephone and the following cancellation fees will be payable by you.
3.3 If you cancel a Session with more than 48 hours’ notice, then that Session shall not count as one of your prepaid Sessions. If you cancel a Session with 48 hours’ notice or less then it shall count as one of your prepaid Sessions.
3.4 We may cancel a Session by providing notice to you and if we do so, we will re-schedule the Session to the earliest mutually convenient time.
3.5 We will ask you to complete a questionnaire in advance of our first Session and you will provide true and accurate answers to the questions. If you do not complete the questionnaire prior to our first Session, you accept that part or all of the time in the first Session may be spent discussing the questions in the questionnaire where that information is relevant to your coaching goals or progress.
3.6 Where you purchase a package of 3, 6 or 10 sessions in advance, the following terms will apply:
(a) Upfront Payment:
Payment for the entire package of sessions must be made in full at the time of booking and prior to the commencement of the first session.
(b) Usage Period:
The sessions included in the package must be used within the number of months shown in the Schedule below from the date of purchase. Any sessions not used within this period will expire, and no refund will be provided for any unused sessions.
(c) Non-Refundable:
Once the package has been purchased, subject to the cooling off period referred to in clause 5.3, no refunds will be given for any reason, including failure to use the sessions within the specified time period.
(d) Session Scheduling:
You are responsible for scheduling and attending the sessions within the agreed timeframe. You may schedule appointments via the online calendar link that we provide you, or by emailing us. If you cannot find a suitable time in the online calendar, it is your responsibility to let us know by email so that we can find a mutually acceptable time. We will make reasonable efforts to accommodate your preferred times, subject to our availability.
(e) Frequency and length of Sessions:
You shall not schedule coaching Sessions of more than one hour at a time, nor more than one coaching Session per week, without our prior written agreement. - DUTIES OF COACH
4.1 We shall provide the Services with due care, skill and ability.
4.2 Other than as set out in clause 4.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, we do not guarantee any particular results. - FEES
5.1 Sessions must be purchased and fully paid for, either individually or as part of a package, before a coaching Session takes place. A prepaid coaching Session lasts for one hour. If a coaching Session exceeds one hour by mutual consent, then any additional hour or part-hour exceeding 15 minutes, will be counted as an additional prepaid Session. (E.g. A coaching Session that lasted for 1 hour and 30 minutes would count as 2 coaching Sessions, or a coaching Session that lasted 2 hours and 10 minutes would also count as 2 coaching Sessions.)
5.2 Subject to clauses 3.3, 5.3 and 8.1 of this Agreement, we shall not be obliged to provide you with any refunds for any reason.
5.3 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:
(a) you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at deb@debswinney.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
(b) in relation to the provision of any services under this Contract:
(i) 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
(ii) 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.
5.4 If you contact us between scheduled Sessions then we may at our discretion provide a brief response to you free of charge. If however we consider that more time is needed to deal appropriately with your communication then we may advise you to arrange an additional Session from your package (or to purchase an additional Session if you have no prepaid Sessions from your package remaining).
5.5 As the Session is over the internet, 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. - CONFIDENTIAL INFORMATION
We acknowledge that in the course of providing the Services we will have access to Confidential Information. Confidential Information means: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that we obtain in connection with the provision of the Services and (ii) the fact that we are providing the Services to you.
6.1 We agree not to (except in the proper course of our duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
6.2 As is good practice in coaching, we may undertake coaching and be part of supervision groups. You agree that we may disclose any issues which arise out of the Sessions with our own coach, supervisor and/or supervision group but we agree only to disclose such issues on a general basis and without disclosing your name.
6.3 As is good practice in coaching, we maintain membership of a coaching body (Association for Coaching, International Coaching Federation, European Mentoring and Coaching Council or other such organisation). You agree that we may disclose the broad details of our coaching sessions, such as date and duration in order to prove our eligibility for accreditation within the organisation. We agree only to disclose such information as is necessary and will not disclose personal details (including your name) without your prior written consent.
6.4 You may disclose to third parties such information about the Sessions as you wish. - DATA PROTECTION AND INTELLECTUAL PROPERTY
7.1 You acknowledge that your personal data will be processed by and on our behalf as part of us providing you with the Services. We will use and process your personal data in accordance with our Privacy Notice that you can view at https://debswinney.com/policies/privacy-policy/.
7.2 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we 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.
7.3 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 we use in the Sessions.
7.4 We 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.
7.5 You may not without our prior written consent make any audio or visual recordings of all or any part of our Sessions. - OBLIGATIONS ON TERMINATION
8.1 We reserve the right to terminate our coaching relationship at any time, for any reason. In the event of termination, any unused and unexpired sessions from your purchased package will be refunded on a pro rata basis, calculated based on the number of sessions remaining at the time of termination. This refund will be your sole remedy, and we shall have no further obligations to you following the termination of our coaching relationship.
8.2 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.
8.3 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 8, clause 10 (Limitation on liability) and clause 16 (Governing law and jurisdiction). - STATUS
The relationship between us will be that of independent contractor and nothing in this agreement shall render us your employee, worker, agent or partner. - LIMITATION ON LIABILITY
10.1 Nothing in this Agreement shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
10.2 We 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 us providing the Services.
10.3 Our 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.
10.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we 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.
10.5 The provisions of this clause 10 shall survive termination of this agreement. - FORCE MAJEURE
We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control. - ENTIRE AGREEMENT
You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent). - VARIATION
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us. - COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument. - THIRD PARTY RIGHTS
15.1 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.
15.2 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. - GOVERNING LAW AND JURISDICTION
16.1 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.
16.2 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). - INTERPRETATION
17.1 The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that we obtain in connection with the provision of the Services and (ii) the fact that we are providing the Services to you.
17.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
SCHEDULE
WHAT:
• 1 x 45-minute onboarding session.
• 10 x 1-hour coaching sessions.
• Online access to client portal and video guide on how best to prepare for coaching.
HOW:
• Via videoconferencing on Zoom.
• At the client’s request, instead of Zoom, the coaching session can take place via Microsoft Teams or Google Meet.
WHEN:
• Bookable by the client using my online calendar or by email, at mutually suitable times.
• The times available in the calendar are typically during the UK working day. If these times are unlikely to be suitable for you, please contact me before purchasing to ensure that we can find mutually agreeable times for coaching.
• Sessions must be booked and attended within 13 months of purchase. Sessions not used within this time will expire as detailed above.
WHERE:
• Online coaching only.
ANNEX 1
MODEL CANCELLATION FORM
To Learning Untangled Ltd (trading as “Deb Swinney Coaching”) of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ or, via email, deb@debswinney.com
| I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services: | |
| Ordered on: | |
| Name of consumer: | |
| Address of consumer: | |
| Signature of consumer: | |
| Date: |
[* delete as appropriate]