TERMS AND CONDITIONS
Please read all these terms and conditions:
As I can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything just phone me on +447537144901.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). I am Cate Purdy of Woodland View, 22 White House Estate, Suffield Park, CROMER, Norfolk NR27 0EP with email address cate@catepurdy.com; telephone number +447537144901 ; (the Supplier or I or me).
2. These are the terms on which I sell all services to you. By ordering any of the services, you agree to be bound by these Terms and Conditions. You can only purchase the services and goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for a purpose which is wholly or mainly outside their trade, craft or profession.
4. Contract means the legally-binding agreement between you and me for the supply of services.
5. Delivery Location means the Suppliers premises or other locations where the services are to be supplied as set out in the order.
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purpose of the information and allows the unchanged reproduction of the information stored.
7. Goods means any goods that I supply to you with the services, of the number and description as set out in the order.
8. Order means the Customer’s order for the services from the Supplier as submitted following the step by step process set out on the website.
9. Privacy Policy means the terms which set out how I will deal with confidential and personal information received from you via the website.
10. Service means the service advertised on the Website, including any Goods, of the number and description set out in the order.
11. Website means my website https://www.catepurdy.com on which the services are advertised.
Services
12. The description of the Services and any Goods is set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purpose only and there may be small discrepancies in the size or colour of any goods supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All services which appear on the website are subject to availability.
15. I can make changes to the services which are necessary to comply with any applicable law or safety requirement. I will notify you of these changes.
16. The coaching schedule will be arranged between me and the client and can be booked up to 3 months in advance. I will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
17. The number and frequency of coaching sessions will be agreed at the start of any coaching agreement and confirmed by an email or written correspondence. Where no specific number is agreed, sessions will be provided on a session by session basis.
18. In return for the fees payable by the client (or by a third party on their behalf),I agree to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
19. The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact through email or writing to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.
Format of Sessions
20. Face to face (venue by mutual agreement), via online consultation (coach provides link at pre-agreed time); telephone coaching sessions (coach calls client at pre-agreed time); or other format where such is agreed. I will set up the online meeting and the client is responsible for logging into the session with the required passcode. The Client is also responsible for ensuring that they are available for consultation at agreed times. The length of each session is as agreed with the client before coaching sessions commence.
Session Fees
21. In accordance with the current per session fee or fee for a programme of sessions, or any other such fee as shall be agreed and notified to the client, the fee will be confirmed in writing, on the website at time of purchase from the website shop, unless an alternative course of sessions is agreed, in which case the fee will be confirmed by email. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.
Additional Sessions
22. There may be an agreement to provide additional coaching sessions after completion of the initial agreed session(s). Where this occurs these terms and conditions will apply to any additional sessions so provided and the Per Session Fee will remain the same as originally agreed except where there is notification to the client in writing by letter or e-mail of a change to the Fee or to any other term or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions”.
Date and Times of Session
23. The date and time of the first session and any subsequent session will be agreed with the client by phone or email and confirmed afterwards by email or letter.
24. Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.
Between Sessions
25. Where there has been assignment to the client of tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.
26. The client may contact me by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment) However if I am unavailable the call will be returned at the earliest opportunity. Additional coaching can also be provided between sessions but there will be an additional charge for this. Advice will be given to a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.
Rearranging Sessions
27. If a client needs to rearrange a coaching session, they should provide at least 48 hours’ notice. No refunds will be given to clients for unused coaching sessions unless 48 hours’ notice has been given. In exceptional circumstances where there is a need for the coach to rearrange a coaching session the client will receive 48 hours’ notice where practical.
28. Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.
Variation of Terms and Conditions
29. Where an Initial number of sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those initial number of sessions will only have effect if agreed and confirmed in writing by email or letter to the client. Where other changes may occur to any of these terms or conditions including the Per Session Fee, the client will receive one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt of email or letter.
Customer Responsibilities
30. During the Service I will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. There is no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.
31. Failure to comply with the above is a Customer default which entitles me to suspend performance of the Services until you remedy it or if you fault to remedy it following our request, I can terminate the Contract with immediate effect on written notice to you, by email or letter.
Personal Information
32. I retain and use all information strictly under the Privacy Policy
33. I may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this
Basis of Sale
34. The description of the Services and any Goods on my website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, I can reject it for any reason, although I will try to tell you the reason without delay.
35. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
36. A Contract will be formed for the Services ordered only when you receive an email from me confirming the Order (Order Conformation). You must ensure that the Order Confirmation is complete and accurate and inform me immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to me your confirmation of the Contract. You will receive the Order Confirmation within in a reasonable time of making the contract, but in any event not later than any Goods supplied under the contract, and before performance begins of any services.
37. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless I expressly agree to any variation by the Customer in writing.
38. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.
39. I intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell me, so that I can provide you with a different contract with terms which are more appropriate for you and which might in some respects, be better for you, e.g. by giving you rights as a business.
Fees and Payment
40. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date I accept the Order or such other prices as I may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
41. Fees and changes include VAT at the rate applicable at the time of the Order
42. You must pay by submitting your credit or debit card details with your Order and I can take payment immediately or otherw7ise before delivery of the Services.
43. Fees are payable in advance of each coaching session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice).
44. Where payment has not been received in advance of a coaching session there is no obligation to provide the session.
45. Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.
Delivery
46. I will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
47. In the case of Services within a reasonable time: and
48. In the case of Goods, without undue delay and in, any event, not more than 30 days after the day on which the Contract is entered into.
49. In any case, regardless of events beyond our control, if I do not deliver the Services on time, you can require me to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
50. In any case, regardless of events beyond our control, if I do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract as at an end if:
51. I have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to me before the Contract was made that delivery on time was essential or:
52. After I have failed to deliver on time, you have specified a latter period which is appropriate to the circumstances and I have not delivered within that period.
53. If you treat the Contract as at an end, I will (in addition to other remedies) promptly return all payments made under the Contract.
54. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, I will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Good, If the Goods have been delivered, you must return them to me or allow me to collect them from you and I will pay the costs of this.
55. If any Goods form a commercial unit (a unit is commercial if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without cancelling or rejecting the Order for the rest of them.
56. I do not generally deliver to addresses outside England and Wales, Scotland, Northern Island, the Isle of Man and Channel Islands. If however I accept an Order for delivery outside that area, you may need to pay import duties or other taxes as I will not pay them.
57. You agree I may deliver Goods in instalments if I suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
58. If you or your nominee fail, through no fault of mine to take delivery of the Services at the Delivery Location, I may charge the reasonable cost of storage and redelivering them.
59. The Goods will become your responsibility from the completion of delivery or customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
60. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
61. You do not own the Goods until I have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy., I can chose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow me to collect them.
Withdrawal and cancellation
62. You can withdraw the Order by telling me before the Contract is made, if you simply wish to change your mind and without giving any reason and without incurring any liability.
63. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights however, do not apply to a contract for the following goods and services (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
Right to cancel
64. Subject as stated in these Terms and Conditions. You can cancel this contract within 14 days without giving any reason.
65. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscription), the rights to cancel will be 14 days after the first delivery.
66. To exercise the right to cancel you must inform me of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached cancellation form, but it is not obligatory. In any event you must be able to show clear evidence of when the cancellation was made, so you may decide to use the below cancellation form.
67. You can also electronically fill in and submit the cancellation form or any other clear statement of the Customer decision to cancel the Contract on our website https://www.catepurdy.com/contact. If you use this option I will communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (eg by email) without delay.
68. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of right to cancel before the cancellation period has expired. This can be sent to cate@catepurdy.com or use the form on the contact form https://www.catepurdy.com/contact
69. I must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made and express request for the service
Effects of cancellation in the cancellation period
70. Except as set out below, if you cancel this Contract, I will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by me).
Payment for Services commenced during the cancellation period
71. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when I am informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or; if the total price were to be excessive on the basis of the market value of the service which has been supplied, calculated by comparing prices for equivalent service supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for Goods supplied
72. I may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay me the amount of that loss.
Timing of reimbursement
73. If I have not offered to collect the Goods, I will make the reimbursement without undue delay, and not later than:
14 days after the day I receive back from you any Goods supplied, or (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
74. If I have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), I will make the reimbursement without undue delay, and not later than 14 days after the day on which I am informed about your decision to cancel this Contract.
75. I will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
76. if, you have received goods in connection with the Contract which you have cancelled you must send back the Goods or hand them over to me at Woodland View, 22 White House Estate, Suffield Park, CROMER. Norfolk NR27 0EP without delay and in any event not later than 14 days from the day on which you communicate to me your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
77. For the purpose of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or services-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded:
b. Sales Contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as it object.
Conformity
78. I have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligations.
79. Upon delivery, the Goods will:
a. be of satisfactory quality:
b. be reasonably fit for any particular purpose for which you buy the Goods which before the Contract is made, you made known to me (unless you do not actually rely, or it is unreasonable for you to rely, on my skill and judgement) and be fit for any purpose held out by me or set out in the Contract and
c. conform to their description
c. It is not a failure to conform if the failure has its origin in your materials
80. I will supply the Services with reasonable skill and care.
81. In relation to the Services, anything I say or write to you, or anything someone else says or writes to you on our behalf, about me or about the Services is a term of the Contract (which I must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you, by me or on behalf of me on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
82. The Contract continues as long as it takes me to perform the Services.
83. Either you or I may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice: or
b. is subject to any step towards its bankruptcy or liquidation or
c. In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, a decision to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client maybe taken. In such a circumstance the client will be given reasonable notice of termination where practicable and will be refunded any advance payments made for coaching sessions not yet provided
84. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected
Circumstances beyond the control of either party
85. In the event of any failure by a party because of something beyond its reasonable control:
a. The party will advise the other party as soon as reasonably practicable; and
b. The parties obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customers above rights to delivery (and the right to cancel below).
Privacy
86. Your privacy is critical to us. I respect your privacy and comply with the General Data Protection Regulations with regard to your personal information.
87. These Terms and Conditions should be read alongside, and in addition to our polices, including our privacy policy (https://www.catepurdy.com/privacy-policy/)
88. For the purpose of these Terms and Conditions
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to GDPR
b. ‘GDPR’ means the UK General Data Protection Regulations.
c. ‘Data Controller’, ’Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
d. I am a Data Controller of the Personal Data I Process in providing Services and Goods to you.
89. Where you supply Personal Data to me so I can provide Services and Goods to you, and I Process that Personal Data in the course of providing the Services and Goods to you, I will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, I will identify the purpose for which information is being collected;
b. I will only Process Personal Data for the purpose identified;
c. I will respect your rights in relation to your Personal Data; and
d. I will implement technical and organisational measures to ensure your Personal Data is secure
90. Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.
91. For any enquiries or complaints regarding data privacy you can email: cate@catepurdy.com
Liability
92. The supplier does not exclude liability for: (i) any fraudulent act or omission or (ii) death or personal injury caused by negligence or breach of the suppliers other legal obligations. Subject to this, I am not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (eg loss of profits) to your business, trade, craft or profession which would not be suffered by a Consumer – because I believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, Jurisdiction and complaints
93. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
94. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
95. I try to avoid any dispute, so I deal with complaints as follows:
If a dispute occurs customers should contact me to find a solution. I will aim to respond with an appropriate solution within 5 days.
Feedback
96. Feedback about the service is welcomed and can be given during a coaching session or by writing to cate@catepurdy.com
Disclaimer
1. I understand that the coaching services I will be receiving from my Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my Coach is not acting as a mental health counsellor or a medical professional.
2. For legal purposes, I understand that coaching is currently an unregulated industry and that my Coach is not “licensed “ by any UK body even though the sessions may take place in the UK.
3. I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions.
4 I understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.
5. I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the defined goals I create with my Coach. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed.
6. I understand that to the extent our work together involves career or business, my Coach is not promising outcomes included but not limited to increased clientele, profitability and or business success.
7. I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.
8. I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.
9. I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
10. I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
Signed
Dated
Cancellation Form
To
Cate Purdy
Woodland View
22 White House Estate
Suffield Park
CROMER
Norfolk
NR27 0EP
Email address: cate@catepurdy.com
Telephone: +447537144901
I/We (*) herby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*]. Ordered on [*]
Name of consumer(s):
Address of consumer(s):
______________________________________
Signature of consumer(s) (only if this form is notified on paper)
______________________________________
Date
[*] Delete as appropriate
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