Agreement for Mindfulness for fatigue group training programmes
Retreat day - online 9th June 2024
1. Summary of key terms.
Contents of Programme
See website mindfulnessforfatigue.org.uk
Additional Hosting on zoom, and FunnelSketchers Go High-level platform
Total payment due paid in full on registration
£35 or £30 before May 21.
Cancellation
If you are purchasing as a consumer (please see paragraph 6.5 below) you may cancel the contract by 10 am on June 9th, i.e. before the retreat starts.
Transfer
You may transfer onto another date (if available), if we are not able to supply another date and you have not accessed the recording, we will refund you provided you have contacted us via email before 10 am on 9th June to let us know you cannot manage the 9th June.
Recording
The purchase price includes a recording and access to other associated materials held on Funnel sketchers Go High level platform. This will be sent within 24 hours of the retreat.
2. Application of terms and conditions
2.1. These terms and conditions (“Terms”) apply to the MINDFULNESS FOR FATIGUE coaching Programme (“Programme”) operated by FIONA MCKECHNIE (“we” or “us”). By registering to be a participant in our Programme, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
2.2. The agreement is between us and you, the person or entity registering to be a participant in the Programme (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme and shall continue until terminated in accordance with these Terms.
2.3. If you are purchasing online, the order process will be as follows:
2.3.1. add the Programme to the cart and proceed to the checkout and make payment as directed;
2.3.2. if you are paying by PayPal OR STRIPE, you will be re-directed to the PayPal or stripe website for you to make payment and then once payment is made, you will be re-directed back to our site;
2.3.3. we will send you an email acknowledging your order and confirming whether we have accepted your order.
2.3.4. If at any stage you have made an error in your order, you may email us at info@mindfulnessforfatigue.org to correct any errors.
2.4. 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.
2.5. These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website mindfulnessforfatigue.org.uk (the “site”)
2.6. Any content posted or submitted by you to our site or in our forum or any contribution on group sessions in the course of the Programme is subject at all times to the Acceptable Use Policy.
2.7. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
3. Programme
3.1. Where applicable, the one to one part of the Programme will be provided over the course of 90 days (or as agreed for the specific programme detailed on mindfulnessforfatigue.org) from the date of purchase. Access to the online course part of the Programme shall be available immediately on purchase with lifetime access 12 months from the date of purchase. The Programme shall be provided over the course of 1- 24 weeks (or as agreed for the specific programme detailed on mindfulnessforfatigue.org.uk) and shall be delivered by a combination of [online sessions, videos; PDFS (as agreed for the specific programme) as detailed detailed on mindfulnessforfatigue.org.uk
3.2. The date and time of all sessions are as set out on the site or as otherwise communicated to you, but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.
3.3. The materials we deliver as part of the Programme 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.]
One to One Sessions (where applicable)
3.4. If you can’t attend a scheduled One to One Session, we shall endeavour to try to reschedule such session but if we are not able to do so, we shall not be obliged to refund you any amounts paid in relation to such sessions that you have not attended.
3.5. If you arrive late for a One to One Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.
3.6. The One to One Sessions (or any other in person session as part of the Programme) (“In Person Session”) may be held in third party venues such as hotel meeting rooms and 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). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session).
3.7. You are responsible for your own belongings that you take to an In Person Session and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
3.8. You agree to 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 venue as part of the Programme.
Group Sessions
Group sessions shall start and end at the scheduled times regardless of the time that you join the session. If you are late for a group session, the session will not be extended and we shall not be obliged to refund you any amounts in relation to such session.
Online Content and Sessions
3.9. The online sessions of the Programme 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.
3.10. 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 which arises from any unauthorized use of your account.
3.11. Any digital materials included in the Programme require the following hardware and software and other functional requirements in order to be fully used: access to broadband/wifi/data that enables streaming of video and audio content and downloading of PDFS and other written form. Please see 3rd party hosting arrangements for the specific requirements of the purchased programme.
3.12. Any digital materials included in the Programme have technical protection measures outlined in the 3rd party hosting. Please see individual documents terms on fionamckecnie.com where applicable.
4. Goods
4.1. Where we are providing goods or products (such as CDs, DVDs or binders) (“Products”) as part of the Programme, the following terms and conditions of this paragraph 4 shall apply.
4.2. Any photographs of the Products on our site are for illustration purposes only.
4.3. The delivery charges for the Products are as set out on our site from time to time.
4.4. Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.
4.5. Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.
4.6. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Return delivery will be at your expense.
4.7. You own the Products once we have received payment in full for the Programme, including all applicable delivery charges.
5. Payment
5.1. The total price payable for the Programme is as set out in the summary of key terms above.
5.2. [You may choose to pay by instalments or in one amount and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms.
5.3. If you choose to pay in instalments, a deposit of the amount set out in the summary of key terms is payable on registration for the Programme. You will then be charged for a further instalments for the amount set out in the summary of key terms on the same date as the date of registration for each subsequent calendar month until the total price payable has been paid. If we send you invoices, these must be paid within 7 days of the date of the invoice. For the avoidance of doubt, even if you do not continue to participate in the Programme, such instalments remain payable.
5.4. If you are paying instalments online through Stripe, Paypal or a similar online payment method, you agree that we can take such further instalments automatically when due and without any further consent from you.
5.5. Payment is to be made by any method that is detailed on our site from time to time.
5.6. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 4% above the base rate of the Bank of England from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the Contract is terminated.
5.7. The total price payable as set out in the summary of key terms is inclusive of Value Added Tax where applicable (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
5.8. Where applicable 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 Programme .
5.9. All payments are non-refundable other than as set out in paragraph [6.5 and 8.2] below.
6. Our obligations
6.1. We warrant to you that the Programme and Programme materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied.
6.2. Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and mindfulness training and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
6.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6.4. You acknowledge that in the course of the Programme you may have access to other Programme participants confidential information and you agree not to use or disclose to any third party such 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 you consider necessary or advisable in order to prevent illegal acts or harm to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
6.5. [If you are buying as a consumer (as defined in the Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013 – namely you are buying the Programme as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, you may cancel the Contract by 10 am on 9th June by emailing us at info@mindfulnessforfatigue.org stating your clear intention to cancel or by using the form of cancellation annexed to this agreement at Annex 1. If we receive such email by 10 am on 9th June, we shall provide you with a full refund of the amount paid by you up to such date, within 14 days of the day on which we received your valid notice of cancellation and usually by the method originally used by you to pay for your purchase.
6.6. [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. 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.]
6.7. [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 paragraph 6.5 above and you acknowledge that you will lose your cancellation rights in relation to such digital content.]
6.8. You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Programme to you in accordance with our Privacy Notice that you can view at https://www.mindfulnessforfatigue.org.uk/privacy 3rd party hosts will have additional privacy policies. Please refer to the specifics of your purchased programme.
7. Intellectual Property
7.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.
7.2. 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 (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Programme.
7.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme was provided only.
7.4. Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
7.5. You may not without our prior written consent make any audio or visual recordings of any part of our Programme.
7.6. We may from time to time record the Programme being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
7.7. You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission. You shall not contact any participants of the Programme other than in relation to progressing within the Programme.
7.8. The provisions of this paragraph 7 shall survive termination of the Contract.
8. Term and termination
8.1. The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force. [For the avoidance of doubt, the license granted in paragraph 7.3 shall terminate automatically on termination or expiry of the Contract.]
8.2. [You may terminate the Contract at any time after the date falling [60 days] from your date of registration for the Programme [but before the date falling [65 days] from your date of registration] by emailing us at fiona@fionamckechnie.com and clearly stating your wish to terminate and explaining how the Programme has not enabled you to meet its stated objectives. If we agree (acting reasonably) that the Programme has not enabled you to meet its stated objectives as a result of the Programme (rather than as a result of your action or inaction or your personal attributes) we may provide you with a full refund of the amount paid by you up to that date for the Programme.]
8.3. Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
8.3.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
8.3.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
8.3.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
8.4. We may terminate the Contract without any liability to make any refund to you if your continued participation in the Programme is in our opinion causing disruption to the running of the Programme or to other participants.
8.5. Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract.
8.6. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
8.7. 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 Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.8. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.9. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.10. This paragraph 8 shall survive termination of the Contract.
8.11. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
9. Liability
9.1. Nothing in this paragraph 9 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.
9.2. 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 or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.
9.3. 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 the Contract shall in all circumstances be limited to the price paid by you for the Programme.
9.4. Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.
9.5. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity or that of any member of the team involved in providing the Programme), 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.
9.6. We may make changes (and shall not be liable for any additional costs incurred by you or for any other liability incurred by you as a result of changes) in (i) the Programme, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) the delivery mode of the sessions (for example changing an in person session to an online session) (vi) trainers, instructors or coaches.
9.7. The provisions of this paragraph 9 shall survive termination of the Contract.
9.8. You acknowledge and agree that:
9.8.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);
9.8.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.
10. General
10.1. By registering for our Programme you warrant that:
10.1.1. You are legally capable of entering into binding contracts; and
10.1.2. You are at least 18 years old; and
10.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
10.2. 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.
10.3. We may vary these Terms (other than the price payable by you for the Programme) 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 Programme will be deemed to be your acceptance of any new Terms. [Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this within 7 days of our email to you setting out the changes to the terms, the Contract will terminate immediately without further notice and we will refund to you a pro rata amount of any sums paid by you for the Programme in advance, for sessions that you are no longer able to take due to such termination.]
10.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
10.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
10.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
10.10. The Contract 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.
10.11. We each 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 the Contract or its subject matter or formation (including non-contractual disputes or claims).
10.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
CANCELLATION FORM
To Fiona Mckechnie
Unit 122991, PO Box 7169, Poole, BH15 9EL
info@mindfulnessforfatigue.org
I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:
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Ordered on ………………………………………………………………………………………………………
Name of consumer ………………………………………………………………………………………………………
Address of consumer ………………………………………………………………………………………………………
Signature of consumer ………………………………………………………………………………………………………
Date ………………………………………………………………………………………………………
[* delete as appropriate]