Terms of Supply

 

By entering this website or purchasing or using the programs and/or services, you accept these terms of supply.

This page (together with the documents referred to on it) tells you the terms on which we supply any of the digital downloads and other programs and products (collectively, Products), courses, workshops, talks and seminars (collectively, Services) listed on this website (our site) to you, whether we conclude the contract for such supply electronically or by telephone. Please read these terms of supply carefully before ordering any Products or Services from us. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms of supply as they appear, whether you have read them or not. Please understand that if you do not wish to accept these terms of supply, you will not be able to order any Products or Services from us.

 

  1. Information about the business

This site is operated by Kezia Thomas.

My office is at 8 The Holloway, Warwick. CV38 4SJ.

 

  1. Your status
    By placing an order with us, you warrant that:
    a. you are legally capable of entering into binding contracts; and
    b. you are at least 18 years old; and
  2. you give consent to waive the 14-day ‘cooling off’ period required by UK Law for any digital downloads (and so enable immediate download of the Product purchased); and you acknowledge that once a download for a Product starts you will lose your right to cancel; and
  3. you understand that your coaching results are dependent on your actions. You enter coaching with the full understanding that you are wholly responsible for creating your own results; and
  4. You understand and agree that the Products and Services provided by us is in no way to be construed as psychological counselling.

 

  1. Our obligations
  2. We shall endeavour to provide theProducts andServices in accordance with these Terms.
    2. In the event that we cancel a Serviceor a Session, as applicable, for any reason, we shall offer you a new date for the Services or the Session and no additional Fee shall be payable by you.
    3. We acknowledge that anything you share with us is completely confidential. We undertake not to disclose any information you share with us in any session in any way whatsoever (unless in the unlikely event we are required to do so by law).

 

  1. Your obligations
    1.
    You shall: (i) co-operate with us as reasonably necessary in order to enable us to provide the Services; and (ii) notify us of if you have any special requirements relating to the Services prior to us providing the Services.

2.You understand that for our work to be effective it’s important for you to be as honest, open and at ease as possible.
3.You shall notify us if and when: (i) you say or do anything in a Session that you don’t feel comfortable with; and (ii) you have any concern at all with the way we are working.

 

 

  1. Consumer rights and cancellation
    1. Digital downloads do not fall within the ‘cooling off’ 14 day period required under UK Law and you cannot cancel once you have downloaded a digital product. If you have an issue with a Product you have purchased, please email kezia@keziathomas.com and we will respond within 48 working hours.
  2. You can cancel your order for non-digital Products and Services up to 14 days after your order is delivered.
  3. In the event you decide to cancel a Product or Service and no longer wish to use them, a payment equivalent to one third of the value of the Product or Service will still be payable (to cover administration charges, digitally downloaded materials and any coaching sessions taken). This amount is not refundable. You will still be liable for any remainder payments to this value if you purchased Services through instalment payments.
  4. In the event that you notify us that you wish to postpone or change a booked coaching session prior to the time of commencement of the same, you shall do so 48 hours (2 business days) or more in advance of the next scheduled session. If you notify us less than 48 hours (2 business days) in advance of the next scheduled session, you waive your right to that session.
  5. In the event that you notify us that you wish to postpone a coaching session, you acknowledge and agree that we cannot guarantee to reschedule the same for your preferred date and time.

 

  1. Risk and title in Products
    1. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the  Products, including delivery charges.
    2. Ownership of the Products cannot be shared or bought as a consortium or group. Purchases are on an individual basis and links and logins relate to the purchaser only. In the event that we receive evidence of links or logins being shared or Products being purchased on a group basis, with a view to sharing logins or links we will cancel all access to all products with immediate effect for the individuals concerned, with NO refund.

 

  1. Price and payment
  2. The price of the Services, Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
    2. Prices stated on our site are in pounds sterling and include VAT.
  3. Payment of all sums shall be made in pounds sterling via Paypal.
    4. Event prices, Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
    5. It is always possible that, despite our best efforts, some of the Products and/or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures. If the correct price of a Product or Event is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.
    6. We are under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been
    recognised by you as an error.
    7. If we agree with you that you may pay for a Product or Event in instalments, then each instalment must be paid by its due date (as notified by us to you).
    8. If you fail to make any payment owed to us by the due date for payment then, without limiting our other remedies, you understand and agree that, we reserve the right to:
  4. charge interest on any late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, on the amount unpaid at the rate of 8% per annum above the Bank of England base rate from time to time, from (and including) the date on which payment was due until (and excluding) the date on which payment in full is made, whether before or after judgment. You shall pay the interest immediately on demand; and
    b. charge any reasonable debt collection costs incurred in pursuing the debt, should any action be undertaken to obtain settlement of the account. Such costs to be payable by you on demand; and
    c. refuse you entry to any event (whether or not your booking on any such event was a free bonus place for which you did not pay a specific fee); and
    d. refuse to provide you with any Service materials; and/or
    e. refuse to provide you with any Products that you have ordered from us, whether or not you have paid for them.
  5. Our refunds policy
    1. All digital downloads are non-refundable purchases. Please carefully read Product descriptions and understand what is included in each Product and Service before you buy to avoid disappointment.
  6. If you change your mind after purchase, you are not entitled to a refund. We look at all cases on an individual basis – please notify us within 48 hours of purchase (email kezia@keziathomas.com) and we will reply to you within 48 working hours.
  7. We may close Facebook groups, remove individuals from Facebook groups and refuse membership to Facebook groups at our discretion and without notice. Facebook groups are free bonuses and do not constitute a paid element of a Product or Service.

 

  1. Intellectual Property
    1. All intellectual property rights (including but not limited to copyright) in all Products, Services and Service materials at all times belong to and shall remain vested in us and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.
    2. If you purchase a Service for which we provide you Service materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Service and for your own educational, non-commercial purposes.
    3. You shall ensure that such course materials are only made available to and accessed by you in accordance with clause 10.2 and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.

 

  1. Warranty
    1. We warrant to you that:
    a. any Product purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied; and
    b. we will perform our obligations under the Contract with reasonable care and skill.
    2. All other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by applicable law.

 

  1. Data Protection
    1. In relation to any personal data provided to us by you or on your behalf, you agree that we may use such personal data to perform our obligations and enforce our rights under any Contract.
    2. Furthermore, you agree that any such personal data will be processed in accordance with our Privacy Policy (as amended by us from time to time).

 

  1. Our liability
    1. Nothing in these terms of supply excludes or limits our liability for:
    a. fraud or fraudulent misrepresentation; or
    b. any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
    2. Our maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid, if any, for the particular Product and/or Service giving rise to the claim.
    3. We will not be liable to you for any loss or damage including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, and whether in tort (including without limitation negligence, breach of statutory duty, contract or otherwise), that may result in connection with the Services.
    4. We shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party.
    5. You assume sole responsibility for the selection, suitability and use of any Products or Services.

 

  1. Import duty
    1. If you order Products from us they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
    2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

  1. Written communications
    Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us may be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, 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.

 

  1. Notices
    All notices given by you to us must be given to us at kezia@keziathomas.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13  above. Notice will be deemed received by you and properly served 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.

 

  1. Transfer of rights and obligations
    1. The contract between you and us is binding on you and us and on our respective successors and assignees.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. In particular, you may not transfer to anyone else your place on an event.
    3. 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.
  2. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    a. strikes, lock-outs or other industrial action;
    b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    e. impossibility of the use of public or private telecommunications networks; and
    f. the acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
  3. Waiver
    No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. For any waiver to be effective it must be expressly termed as a waiver and submitted in writing.
  4. Severability
    If any of these Terms or any provisions of a Contract  is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
  5. Entire agreement
    1. These Terms together with Program Agreement forms and any other documents expressly referred to in them constitute the whole agreement between the parties and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the parties relating to the Products and Services.
    2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms of supply.
    3. Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of supply (whether made innocently or negligently) will be for breach of contract.
    4. Nothing in this clause limits or excludes any liability for fraud.
  6. Our right to vary these terms of supply
    1. We have the right to revise and amend these terms of supply from time to time.
    2. You will be subject to the policies and terms supply in force at the time that you order Products or Services from us.
  7. Law and jurisdiction
    Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed and construed in accordance with English law. By purchasing from us, you agree that the statutes, laws, and regulations of England, without regard to conflicts of law principles, will apply to all matters relating to your purchases, and you agree that any litigation shall be governed by and construed in accordance with English law, without reference to its conflict of law provisions, and with the same force and effect as if fully executed and performed therein. Each Party hereby consents to the exclusive jurisdiction of the courts of England and Wales.