Coaching Terms

 

I am so delighted you have decided to use my services or resources - please read the following important terms and conditions before you commit to using them and ask me any questions you may have.  Below these terms is useful information about the 'website terms of use' and the 'privacy policy'.

I cannot wait to start supporting you to make transformations to your life.

 

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.

This contract sets out:

       your legal rights and responsibilities;

       my legal rights and responsibilities; and

       certain key information required by law.

In this contract:

       ‘I’, ‘me’ or ‘my’ means Gemma Stow Coaching; 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 gemma@gemmastow.com

BACKGROUND

I provide coaching services.

I am a sole trader.

1                Introduction

1.1            If you buy or use any coaching services from me (and any reference to ‘services’ in this agreement is to coaching services) you agree to be legally bound by this contract.

1.2            If you use any of my free resources (for example 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.

1.3            When buying any services or using any resourcesyou also agree to be legally bound by:

1.3.1        my website terms of use and privacy policy;

1.3.2        extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;

1.3.3        specific terms which apply to my services, for example programme or service descriptions which may be set out on the webpage for that programme, in email correspondence between us or in a document called a services description which we shall agree between us. If you want to see these specific terms, please visit the relevant webpage for the programme, look at the services description which I have provided or request it from me.

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

2                Information I give you

2.1            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 relevant programme or service description we agree between us.

 

Information I shall give you

  • I shall give you information on:
  • the main characteristics of the services you want to buy
  • who I am, where I am based and how you can contact me
  • the total price of the services
  • the arrangements for payment, carrying out the services and the time by which I shall carry out the services
  • how to exercise your right to cancel the contract
  • my complaint handling policy

 

3                Ordering services from me

3.1            Below, I set out how a legally binding contract to buy services between you and me is made:

3.2            You place an order either on the site by clicking on the relevant paypal link or I shall send you the link by email. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to me.

3.2.1        When you place your order at the end of the online checkout process by clicking on the paypal link on my site, or by clicking on the paypal link I send to you by email, I shall acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.2.2        Any quotation given by me before you make an order for services is not a binding offer by me to supply such services.  Any prices set out in a quotation remain valid for 30 days.

3.2.3        When you decide to place an order for services with me, this is when you offer to buy such services from me.

3.2.4        I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services .

3.2.5        I shall only accept your order when I confirm this to you by sending you a confirmation email. At this point:

(a)             a legally binding contract will be in place between you and me, and

(b)             I shall start to carry out the services as set out in the programme description on this website or in a services description agreed between us.

4                Carrying out the services

4.1            Where you buy services from me you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.

4.2            I shall carry out the services within the time period which is set out in the programme description or in a services description.

4.3            All coaching sessions must be taken within the timeframe specified in the programme description or services description or they will expire.

4.4            You can rearrange any two coaching sessions during a coaching programme providing you give me at least 48 hours’ notice.  If you give me less than 48 hours’ notice or have already rearranged 2 sessions in a coaching programme, unless I agree otherwise with you in advance, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.

4.5            All sessions take place remotely via the means of communication agreed with you in advance.  There may be an additional charge for face to face meetings.

4.6            My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include internet failure or other IT problems, if I am ill or if you change the services you require from me and I have to do extra preparation.

5                Your responsibilities

5.1            You will pay the price for the services in accordance with the programme description or a services description.

5.2            You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.

5.3            Coaching is not therapy or counselling.  It may involve all areas of your life, including work, finances, relationships and education. You acknowledge that deciding how to handle these issues and the choices you make in relation to them is exclusively your responsibility.  For this reason, although I expect great things to come from our coaching sessions, coaching cannot guarantee any specific outcomes and the results are entirely dependent on your commitment and the effort you put in to the programme and the actions we agree.

5.4            My role is to offer you guidance and accountability and help you make positive lifestyle and business changes in order to make progress towards your goals.  The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.

5.5            Coaching does not treat mental disorders and is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or medical treatment of any kind.  By entering into this agreement you confirm that you will not use it in place of any form of therapy. 

5.6            If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant programme or services description.

5.7            You will keep me informed of any changes to your medical health or personal circumstances.

6                Charges and payment

6.1            The price for the services is a fixed price which is set out in the programme or services description.

6.2            The fees are non-refundable except for:

6.2.1        where I cancel a programme other than under 12.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received; and 

6.2.2         if you are a consumer, your right to a ‘cooling off’ period as described below.

6.3            Payment is via the ‘pay now’ button on this website or as agreed between us.

6.4            Usually I require payment in full in advance but in certain circumstances I may agree to payment by instalments, in which case a supplementary fee may be chargeable.  If I agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.

6.5            If your full payment is not received by me under clause 6.4, or any instalments due are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above Lloyds TSB Bank plc's base rate.

7                Right to cancel this contract for consumers

7.1            If you are a consumer and you buy services from me 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.

7.2            The cancellation period will expire 14 days after the commencement of the contract.

7.3            However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel.

7.4            Following confirmation from you under 7.3, if you start a programme during the cancellation period and subsequently decide that you do not wish to proceed with the sessions, I am not able to refund to you any of the payments you have made as payment is for the programme as a whole and not for individual sessions.  This is a reflection of the of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together.  This policy also helps you with your own accountability and commitment to improving your life and your business through the services.

8                Effects of cancellation

8.1            If you are a consumer and 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 except where I am allowed to keep such payments such as where I have started carrying out the services within the 14–day cancellation period.

8.2            I shall make the reimbursement promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.

9                Intellectual property

If I provide you with any materials during the services, 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.

10             How I may use your personal information

10.1         I shall use the personal information you give to me to:

10.1.1     provide the services;

10.1.2     process your payment for the services; and

10.1.3     inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.

10.2         All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

10.3         I shall not give your personal information to any third party unless you agree to it.

11             Resolving problems

11.1         In the unlikely event that there is a problem with the services, 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.

11.2         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.

11.3         If you are buying services from me 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.

12             End of the contract

12.1         If a programme or services description specifies a length of time for services to be provided, then subject to clause 12.2 below, the services will terminate at the end of that timeframe.

12.2         If I provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.

12.3         Either you or I may terminate the services and this contract immediately if:

12.3.1     the other party commits any material breach of the terms of this contract or a statement of work and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so.  The written request must expressly refer to this clause and state that the statement of work or this contract will be terminated if the breach is not resolved; or

12.3.2     the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

12.4         If this contract is ended it will not affect my right to receive any money which you owe to me under this contract.

13             Limit on my responsibility to you

13.1         Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

13.1.1     losses that:

(a)             were not foreseeable to you and me when the contract was formed

(b)             that were not caused by any breach of these terms on my part

13.1.2     business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.

13.2         My total liability to you is limited to the amount of fees, if any, paid by you for the services.

14             Disputes

14.1         I shall try to resolve any disputes with you quickly and efficiently.

14.2         If you and I cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

14.3         Relevant United Kingdom law will apply to this contract.

15             Third party rights

15.1         No one other than a party to this contract has any right to enforce any term of this contract

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Website Terms of Use

1                About my Terms

1.1            Thank you so much for visiting my website (the Site).These Terms explain how you may use this Site.

1.2            References in these Terms to the Site includes all associated web pages.

1.3            You should read these Terms carefully before using the Site.

1.4            By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.5            If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

1.6            If you have any questions about the Site, please contact me by e-mail: gemma@gemmastow.com

1.7            Definitions

Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Terms means these terms and conditions of use as updated from time to time under clause 11;

Acceptable use policy means the policy set out at the end of these Terms

Cookie policy means the policy which governs how I use cookies in the Site;

I, me or my  means Gemma Stow (sole trader)

Online coaching terms means the terms and conditions which will apply to you ordering coaching services using the Site;

Privacy policy means the policy that is written out below this policy, which governs how I process any personal data collected from you;

Submission means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;

You or your means the person accessing or using the Site or its Content.

1.8            Your use of the Site means that you must also comply with my Acceptable Use policy, my Privacy policy, my Cookie policy and my Online coaching terms, where applicable.

2                Using the Site

2.1            The Site is for your personal use only.

2.2            You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.

2.3            I seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact me at gemma@gemmastow.com.

2.4            I may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3                Ownership, use and intellectual property rights

3.1            This Site and all intellectual property rights in it including but not limited to any Content are owned by me. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). I reserve all of my rights in any intellectual property in connection with these Terms. This means, for example, that I remain owner of them and free to use them as I see fit.

3.2            Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.

4                Submitting information to the Site

4.1            While I try to make sure that the Site is secure, I cannot guarantee the security of any information that you supply to me and therefore I cannot guarantee that it will be kept confidential. For that reason, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable.

4.2            I may use any Submissions as I see reasonably fit on a free-of-charge basis.  I shall not be legally responsible to you or anybody else for any use of Submissions.

5                Accuracy of information and availability of the Site

5.1            While I try to make sure that the Site is accurate, up-to-date and free from bugs, I cannot promise that it will be. Furthermore, I cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

5.2            I may suspend or terminate operation of the Site at any time as I see fit.

5.3            Content is provided for your general information purposes only and to inform you about me and my products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

5.4            While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise the uninterrupted use by you of the Site.

6                Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. I have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that I endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Acceptable Use Policy

7                Acceptable use

7.1            As a condition of your use of the Site, you agree:

7.1.1        not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms

7.1.2        not to use the Site to commit any act of fraud;

7.1.3        not to use the Site to distribute viruses or malware or other similar harmful software code;

7.1.4        not to use the Site for purposes of promoting unsolicited advertising or sending spam;

7.1.5        not to use the Site to simulate communications from me or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

7.1.6        not to use the Site in any manner that disrupts the operation of my Site or business or the website or business of any other entity;

7.1.7        not to use the Site in any manner that harms minors;

7.1.8        not to promote any unlawful activity;

7.1.9        not to represent or suggest that I endorse any other business, product or service unless I have separately agreed to do so in writing;

7.1.10     not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and

7.1.11     not to attempt to circumvent password or user authentication methods.

8                Interactive services

8.1            I may make interactive services available on the Site, for example areas where you can comment on Content.

8.2            I am not obliged to monitor or moderate Submissions to my interactive services. Where I do monitor or moderate Submissions I shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

8.3            I may remove or edit any Submissions to any of my interactive services whether they are moderated or not.

8.4            Any Submission you make must comply with my Submission standards set out below.

9                Submission standards

9.1            Any Submission or communication to users of my Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in my discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

9.1.1        your own original work and lawfully submitted;

9.1.2        factually accurate or your own genuinely held belief;

9.1.3        provided with the necessary consent of any third party;

9.1.4        not defamatory or likely to give rise to an allegation of defamation;

9.1.5        not offensive, obscene, sexually explicit, discriminatory or deceptive; and

9.1.6        unlikely to cause offence, embarrassment or annoyance to others.

10             Linking and framing

10.1         You may create a link to my Site from another website without my prior written consent provided no such link:

10.1.1     creates a frame or any other browser or border environment around the content of my Site;

10.1.2     implies that I endorse your products or services or any of the products or services of, or available through, the website on which you place a link to my Site;

10.1.3     displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or

10.1.4     is placed on a website that itself does not meet the acceptable use requirements of this Policy.

10.2         I reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by me to remove any such link.

11             Using my name and logo

11.1         You may not use my trademarks, logos or trade names except in accordance with these Terms.

12             Breach

12.1         I shall apply these Terms in my absolute discretion. In the event of your breach of the Terms I may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action I consider necessary to remedy the breach.

13             Limitation on my liability

13.1         Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

13.1.1     losses that:

(a)             were not foreseeable to you and me when these Terms were formed; or

(b)             that were not caused by any breach on my part

13.1.2     business losses.

14             Variation

These Terms are dated 8 September 2016. No changes to these Terms are valid or have any effect unless agreed by me in writing. I reserve the right to vary these Terms from time to time. My updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by me. It is your responsibility to check these Terms from time to time to verify such variations.

15             Disputes

15.1         I shall try to resolve any disputes with you quickly and efficiently.

15.2         If you are unhappy with me please contact me as soon as possible to let me know.

15.3         If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

15.4         Relevant United Kingdom law will apply to these Terms.

 

Website Privacy Policy

This website is brought to you by Gemma Stow. I take the privacy of my website users very seriously. I ask that you read this privacy policy (Policy) carefully as it contains important information about how I shall use your personal data.

For the purposes of the Data Protection Act 1998, Gemma Stow ('I' or 'me') is the 'data controller' (ie the individual who is responsible for, and controls the processing of, your personal data).

Personal data I may collect about you

I shall obtain personal data about you (such as your name and email address) whenever you complete an online form.  For example, I shall obtain your personal data when you sign up to join my email list or buy my services.

I may monitor your use of this website through the use of cookies and similar tracking devices. For example, I may monitor how many times you visit, which pages you go to, traffic data, location data and the originating domain name of a user's internet service provider. This information helps me to build a profile of my users. Some of this data will be aggregated or statistical, which means that I shall not be able to identify you individually. For further information on my use of cookies, please see my cookie policy.

How I use your personal data

I shall use your personal data for the purposes described in the data protection notice that was given to you at the time your data were obtained. These purposes include:

       to help me identify you and any accounts you hold with me;

       administration;

       customer profiling and analysing your purchasing preferences;

       marketing—see 'Marketing and opting out', below;

       fraud prevention and detection;

       billing and order fulfilment;

       customising this website and its content to your particular preferences;

       to notify you of any changes to this website or to my services that may affect you;

       security vetting; and

       improving my services; and

Marketing and opting out

If you have given permission, I may contact you by email about my services, promotions and special offers, that may be of interest to you. If you prefer not to receive any direct marketing communications from me, you can opt out at any time. See 'Your rights', below for further information.

Disclosure of your personal data

I may disclose your personal data to:

       credit reference agents—see 'Credit checking', below; and

       law enforcement agencies in connection with any investigation to help prevent unlawful activity

Keeping your data secure

I shall use technical and organisational measures to safeguard your personal data, for example I restrict access to your data and payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when I use this technology).

While I shall use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason I cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.

Credit checking

To enable me to make credit decisions about you I may search the files of credit reference and fraud prevention agencies (who will record the search). I may disclose information about how you conduct your account to such agencies and your information may be linked to records relating to other people living at the same address with whom you are financially linked.

Your rights

You have the right, subject to the payment of a small fee to request access to personal data that I may process about you. If you wish to exercise this right, you should:

       put your request in writing;

       include proof of your identity and address (eg a copy of your driving licence or passport, and a recent utility or credit card bill); and

       specify the personal data you want access to.

You have the right to require me to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should:

       put your request in writing;

       provide me with enough information to identify you; and

       specify the information that is incorrect and what it should be replaced with.

You also have the right to ask me to stop processing your personal data for direct marketing purposes. If you wish to exercise this right, you should:

       put your request in writing (an email sent to gemma@gemmastow.com with a header that says 'Unsubscribe' is acceptable);

       provide me with enough information to identify you (eg your full name); and

       if your objection is not to direct marketing in general, but to direct marketing by a particular channel (eg email), please specify the channel you are objecting to.

My contact details:

I welcome your feedback and questions. If you wish to contact me, please send an email to gemma@gemmastow.com.

I may change this privacy policy from time to time. You should check this policy occasionally to ensure you are aware of the most recent version that will apply each time you access this website.