Subscription Terms and Conditions – Business and Clubs

1. Introduction

Welcome to Coach Maker+! We start every new subscriber relationship with an agreement. The following terms and conditions (the “B2B Subscription Terms”) set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to business clients through this website. If You agree to what You read below, You should click “Agree” at the end of the B2B Subscription Terms to acknowledge that You have agreed. We intend this to be the legal equivalent of Your signature on a written contract, and equally binding. Only by clicking “Agree” will You be able to access and use the services available http://www.coachmakerplus.com/ (“Coach Maker+ Website”).

To assist You we have noted below a Definitions section containing defined expressions used in the B2B Subscription Terms to the extent not defined in this Introduction section.

Before You can purchase any Subscription, You will first have to set up an Account. You will not be able to open an Account, purchase a Subscription or access Paid Content through The Coach Maker+ Website unless, as part of the process of setting up an Account, You first accept and agree to comply with and be bound by these B2B Subscription Terms.

Revisions

We may revise or replace the whole or any part of these B2B Subscription Terms at any time by updating this posting. Any such revisions or replacements will take effect when posted on the Coach Maker + Website.

It is Your responsibility to check the Coach Maker + Website with each access and use activity, to review the then current B2B Subscription Terms. This is because the B2B Subscription Terms, as they are in force from time to time, are binding on You.

In any event, Your continued access and use will signify Your acceptance to be bound by the then latest version of the published on the Coach Maker + Website.

Notwithstanding the foregoing, the resolution of any dispute that arises between You and Us will be governed by the version of the B2B Subscription Terms effect at the time such dispute arose.

Definitions Used

“Account”	means the account, referred to in clause 7, that You must set up with Us to purchase any Subscription.
“Background Items”	means general resources (background and other information or material) relevant to the consultation, advice, tuition, instruction, teaching, coaching, training, or mentoring, guidance, or information to be provided to you, all of which resources are downloadable or viewable as text/graphics.
“Contract”	means a contract between Us and You for the purchase of a Subscription for You to access any Paid Content, as explained in clause 7.
“Data Protection Legislation”	means all legislation in force in the UK from time to time relating to data protection and privacy including, but not limited to, the Data Protection Act 2018, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any other directly applicable EU regulation relating to data protection and privacy (for as long as, and to the extent that, EU law has legal effect in the UK) and any successor legislation relating to data protection and privacy.
“Force Majeure Event”	In respect of an affected party claiming force majeure relief (the “FM Relief Claimer”), any of the following events or circumstances whether or not known or anticipated before entering into the Contract: (1) act of God, natural disaster or severe adverse whether conditions (to include, but not limited to, storms); (2) fires or floods; (3) riots, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism; (4) any outbreak, continuance or development of any epidemic or pandemic in its original or mutated/varied form; (5) any introduction of or change in any law or government sanction, prohibition, restriction or binding guidance or requirement; (6) any statement, act or omission of any person other than the FM Relief Claimer, a member of the same corporate group as the FM Relief Claimer, or their respective sub-contractors, employees or agents; (7) any event, occurrence or circumstance beyond the reasonable control of the FM Relief Claimer or its applicable sub-contractor(s); or (8) any combination of the above.
“Paid Content”	means any session of consultation, advice, guidance, or information, or any materials or other information related thereto, which We offer, comprised of any content (including text, graphics, images, audio, video and other content) sold by Us through the Coach Maker+ Website and made available by Us on or via the Coach Maker+ Website by means of: two way synchronous live stream audio and/or video technology; asynchronous live stream video and/or audio; recorded (whether or not downloadable) video and/or audio of one or more items provided on Our video/audio streaming platform accessed from or on the Coach Maker+ Website or hosted on a third party’s website via a link that We provide to You; downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Background Items; or any combination of the above. Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any Coach(es) presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Coach(es) who is/are deemed suitably qualified and experienced by Us.
“Subscription”	means a subscription to the Coach Maker+ Website purchased by You which provides You with access to Paid Content which comprises: (a) one or more specific single events or items; (b) one or more series or collections of two or more specific events or items; (c) one or more or all types of events or items available on or via the Coach Maker+ Website; (d) the Background Items; or (e) any combination of the above. We will give You information about the period of access to (a), (b) and (c) before You purchase the Subscription which will include the information described in clause 7. Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation.
“Subscription Confirmation”	means Our acceptance and confirmation of Your purchase of a Subscription.
“Subscription ID”	means the reference number for Your Subscription.
“VAT”	means value added tax or any replacement tax in the UK.
“Virus”	means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; or do any combination of the above.
“We/Us/Our”	means Lyons & Dean Limited, a company incorporated and registered in England under company number 13098022, whose registered address is at 16 Great Queen Street, Covent Garden, London, WC2B 5AH
“You”	means the business client which sets up an Account and purchases Subscriptions. and accesses and uses any Paid Content.

Information About Us

The Coach Maker+ Website is owned and operated by Us.

Our Registered address is 16 Great Queen Street, Covent Garden, London, WC2B 5AH

Registered company number 13098022.

3. Contacting Us

If You wish to contact Us please use the following contact details.

*General Queries*	You may contact Us by telephone at +44(0)1604 341815 or by email at info@coachmakerplus.com or by post at Coachmaker Plus, PO Box 1690, Northampton, NN2 1JY
*Paid Content* *or Subscriptions*	Please contact Us by telephone at +44(0)1604 341815, by email at accounts@coachmakerplus.com or by post at Coachmaker Plus, PO Box 1690, Northampton, NN2 1JY
*Cancellations*	Please contact Us by email at accounts@coachmakerplus.com.
*Complaints*	Please see clause 15.

4. Access to and Use of The Coach Maker+ Website

These B2B Subscription Terms, as well as any and all Contracts, are in the English language only. If they are translated into any other language then the original English language text shall prevail and apply.

These B2B Subscription Terms apply only to the sale of Paid Content; the terms governing use of the Coach Maker+ Website are separate and are set out on the Coach Maker+ Website under the heading “ Privacy Policy”.

Access to The Coach Maker+ Website is free of charge.

It is Your responsibility to make any and all arrangements necessary to access the Coach Maker+ Website.

Access to the Coach Maker+ Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Coach Maker+ Website (or any part of it) at any time and without notice. We will not be liable to You in any way if the Coach Maker+ Website (or any part of it) is unavailable at any time and for any period.

Use of the Coach Maker+ Website is subject to the Privacy Policy.

Please ensure that You have read them carefully and that You understand them.

Your Assurances

With each access and use activity concerning Paid Content You represent and warrant that:

You are authorised to lawfully and properly carry out that that activity.
You are solvent.
You are legally capable of entering into binding contracts with Us in accordance with the laws of England & Wales.
You are able and willing to comply with and observe Your obligations and duties under and/or in relation to the B2B Subscription Terms.
You are able and willing to comply with all applicable laws in Your jurisdiction concerning the applicable activity.
You will not access, store, distribute, upload or transmit any Virus with, under or through any access or use activity.
You will not access, store, distribute, upload or transmit any material when accessing or using the Paid Content of any kind or any other aspect of the Coach Maker + Website that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
- is otherwise illegal or causes damage or injury to any person or property;
- infringes any user’s or other person’s statutory, contractual, common law, equitable or other rights of any kind; or
- amounts to any combination of the above.
You will not (except as expressly permitted in writing by Us or applicable laws) attempt to:
- copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform (or any software comprised in the Platform or its related services) in any form or media or by any means; or
- attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software comprised in the Platform.
You will not access all or any part of the Coach Maker + Website to build a product or service which competes with the Coach Maker + Website or any Paid Content.
You will not use the Coach Maker + Website to provide services to third parties that are not expressly approved in advance and in writing by Us.
You will not license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit (or make the Coach Maker + Website available to) any third party except other authorised users of the Coach Maker + Website.
You will not attempt to obtain, or assist third parties in obtaining, access to the Platform, other than as expressly permitted by Us in writing.
You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Coach Maker + Website (or software comprised in such Coach Maker + Website) and, in the event of any such unauthorised access or use, promptly notify Us in writing.
You will ensure that Your network and systems (or the network and systems of the party with the subscription license from Us or One of our authorised resellers) comply with the relevant specifications (if any) provided by Us from time to time.

The above assurances apply independently of, and without prejudice to, any of Our other rights and remedies under the other parts of these B2B Subscription Terms or any other of Our terms mentioned herein.

5. Business Clients

These B2B Subscription Terms apply to business clients only. These B2B Subscription Terms do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).

These B2B Subscription Terms constitute the entire agreement between Us and You with respect to Your purchase of Subscriptions and Paid Content from Us.

You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these B2B Subscription

Terms and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

6. Subscriptions, Paid Content, Pricing and Availability

We may from time to time change Our prices; however, changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription.

We will inform You of any change in price at least 30 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in clause 12.

Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.

In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 30 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in clause 12.

Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

We make all reasonable efforts to ensure that all prices shown on the Coach Maker+ Website are correct at the time of going online.

All pricing information is reviewed and (if so determined) updated during the fourth quarter of every calendar year.

Changes in price will not affect any order for a Subscription that You have already placed (however, please note the position below in clause 6 regarding VAT).

All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 5 working days, We will treat Your order as cancelled and notify You of this in writing.

If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to clause 12.

If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on the Coach Maker+ Website at the time of placing Your order. Subsequent Subscriptions and renewals will be charged at the new price.

Prices on the Coach Maker+ Website are shown exclusive of VAT or any other applicable taxes. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

If Your local jurisdiction requires any withholding or deduction for any local jurisdiction sales or other taxes or payments then We reserve the right to gross up the amount due to Us so that net amount actually received by Us is the amount that We should have received as if none of those taxes or payments were applicable.

7. Account & Subscription Purchase

The Coach Maker+ Website will guide You through the process of setting up an Account and purchasing a Subscription.

Account Setup

To purchase any Subscription and enable You to receive any Services, You will first need to setup and then maintain an Account with Us. The Coach Maker+ Website explains how to set up an Account.

Under these B2B Subscription Terms We only offer Paid Content to businesses.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You may be asked for additional information regarding Your Account, such as Your e-mail address.

Your responsibility for Your Account and its security

You must keep all access and login credentials secure and confidential and only allow Yourself to access and use the Paid Content.

You must not share Your Account or Your Account details with anyone except You or a member of Your personnel who has Your permission to do so and to receive and use those details on Your behalf. If You believe that Your Account is being used by anyone else, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up to date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

If You wish to close and delete Your Account, You may do so by emailing accounts@coachmakerplus.com.

Subscription Purchase

Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.

If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

No part of the Coach Maker+ Website constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.

Subscription Confirmations shall contain the following information:

Your Subscription ID;
Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
The duration of Your Subscription (including the start date, and the expiry and/or renewal date);
In relation to any recorded video event, item, series, collection or type/s of events or items constituting the Paid Content, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing on a stated date that is shorter than that whole period; and

In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.

Any refunds due under this clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

Refunds under this clause 7 will be made using the same payment method that You used when purchasing Your Subscription.

8. Payment for Subscriptions

Payment for Subscriptions must always be made in advance.

Your chosen payment method will be charged when We process Your order and on (or around) each renewal date.

All payments are to be made to Us in pounds Sterling, Euros or US Dollars.

All payments are to be made using the Our selected third party payment platform from time to time. Terms of that platform will apply to You and they can be found at https://stripe.com/legal.

If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to clause 9. If You do not make payment within 15 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

If You believe that We have charged You an incorrect amount, please contact Us at accounts@coachmakerplus.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.

9. Provision of Paid Content

We will make available to You on these B2B Subscription Terms the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.

Paid Content appropriate to Your Subscription will be available to You immediately from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until the Contract is otherwise ended, on and subject to the following:

An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-streamed item, the period within which it is or will be available for access.
If an item of Paid Content is a livestream item, We will use reasonable endeavours to make it available and start it at the time it is scheduled to start, but the start may be delayed either by overrun of a previous livestream item available to You and/or others or by other circumstances. We will not be liable for any such delay.

In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

To fix technical problems or to make necessary minor technical changes as described above in clause 6;
To update the Paid Content to comply with relevant changes in the law or other regulatory requirements as described above in clause 6;
To make more significant changes to the Paid Content, as described above in clause 6; or
any combination of the above applying.

If We need to suspend availability of the Paid Content for any of the reasons set out in the above paragraph of clause 9, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended, and Your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 3 days). If the suspension lasts (or We tell You that it is going to last) for more than 30 days, You may end the Contract as described below in clause 12.

We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 15 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

Particular communication or other requirements

You acknowledge and agree that when You purchase a Subscription and at least 48 hours before You participate in any session, You must tell Us of any special communication or other requirement, problem or circumstances of which You are aware which might be relevant to You participating in that session. We will discuss with You any such matter that You tell Us about, and inform You if We are unable to accept Your order for a Subscription because of the particular requirement, problem or circumstances in question. If We do accept Your order, You will need to act in accordance with any instructions provided by Us relating to the matter.

Our Technology

We will subscribe to the applicable third-party communication platform and will pay any necessary fees to that platform to maintain that subscription. It will enable Us to act as “host” for any live two-way communication and to provide the Paid Content to You over the internet via that platform.

We will from time to time decide which third party communication platform we use.

We do not provide any PC, laptop, tablet, mobile phone or other hardware device or any communication application or other software for use on or with any such devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use the platform or the Paid Content.

We do not supply or make available the communication platform that You use to access any Paid Content. We do not act as agent or otherwise on behalf of any such communication platform or any other third-party platform provider. We are not a party to Your download and use of that platform. We will have no responsibility or liability to You in any respect in relation to platform actually used by You or any other third party platform provider.

Paid Content consisting of Background Items is not provided via the communication platform but is instead downloadable directly from the Coach Maker+ Website.

Your Technology

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Paid Content via the applicable communication platform.

You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

An appropriate functioning PC, laptop, tablet, mobile phone or other hardware device which is adequately charged;
An up-to-date applicable commination platform application where applicable. It will need to be downloaded to Your device, and installed and working fully and correctly on Your device, so that You can receive the Paid Content;
Stable, reliable, internet access with adequate speed;
A location at Your premises with a suitable environment in which to watch, listen, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the Coach except for any colleague(s) or associate(s) or other person(s) participating at Your request and by arrangement with the Coach;
Where the device on its own does not provide an adequate loudspeakers for the purpose of the Paid Content, external speakers as reasonably necessary; and
A camera and/or document sharing facility and/or a screen sharing facility that is part of or connected to the device which is adequate for You and the Coach to share or view remotely any written material/photos/videos or other items that either of You wish to make available to the other for the purposes of and during the course of a consultation.

Scope of what We make available to access

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Paid Content. However, We may, if You request it, either before or during any session of the Paid Content, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to Your device, Your digital content or any other technology or other thing.

Without in any way limiting anything in clause 14 of the B2B Subscription Terms, for the purposes of clause 14, causes beyond Our reasonable control may include any of the following:

Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
Failure of or defect in the communication platform used by Us or You to make the Paid Content available to You; or
Lack of an appropriate functioning Device or any failure of or defect in a device; or
Your inability to access the Paid Content due to failure of or defects in the Coach Maker+ Website etc.

Your Brief to Us

When We plan what We will intend to cover in any live consultation session(s) with You, We will work from Your initial outline statement of Your project, plan, problem, circumstances, and nature of Your requirements (“Brief”), and for that purpose We will ask You to give Us such a statement in advance of the first consultation session. The Brief may be subsequently revised and developed by Us and/or You while conducting any session(s). In addition to changes which You or We choose to make, there may be changes to the Brief that are necessary to comply with laws, standards, codes of conduct or other rules.

How We Work with You

Through discussion, explanation, information or advice, Our online consultation sessions can cover:

Examination, clarification and elaboration of the Brief
Your ideas relating to the Brief
Reviewing any information in addition to the Brief that You have sent or shared
Further information that We will need from You
Other professionals or advisers who We consider will need to be involved
Other steps to be taken by You to facilitate achieving the Brief
How to work with Us after the session, whether online or in person
Next step/s
Fixed fee proposal (if any) for the Brief
Reporting back to You: After each of Our consultation sessions, We can report back to You by producing a written report for You to download from Our website using a password that We provide which We will email to You. It will comprise a preliminary summary of what was covered in the previous sessions and preliminary suggestions or advice.

Other items materials etc: We may make suggestions as to any other materials, or other items or resources available on or via Our website that We think would be helpful or necessary for You to read or view or acquire to assist in facilitating the Brief.

Where You or We consider it necessary to involve any third party(ies) in any session, either You or We may propose who that person is to be and why they are needed for or relevant to the matter[s] on which You wish to consult Us. We will agree with You in each case whether that person will be physically in attendance with You or Us to join in the session, or whether instead they will participate in the session from other premises as an additional party via the web-conferencing platform that We and You use. Unless otherwise agreed with You, there will be no additional charge to You for that person’s participation in the session concerned.

Result of a live consultation

Whilst We will use Our reasonable endeavours to provide appropriate advice and information using reasonable care and skill, the nature of an online consultation means that there are limitations on how far or effectively any Brief can be progressed or advice given in connection with the Brief by that means. The result of any one or more sessions will be different in each case depending on various factors.

We will tell You before, during or after a consultation if and when We will need to see in person either You or any of Your personnel to be able to progress any matter. If Our view is that We need to see You or any of Your personnel for that purpose, We will discuss the situation with You and endeavour to arrange an appointment to see You or Your personnel either at Our office or at Your premises. Any such meeting in person at Our office or Your premises, and any work carried out or services provided to You (other than provision under these B2B Subscription Terms of any Paid Content) will be subject to Our standard terms and conditions applicable to in person appointments and to other work and services.

We make no warranty or representation and give no undertaking that:

any, or any result will be brought about as a result of You taking part in any session(s) or receiving or using any other Paid Content; or
We will carry out any work or provide any services for You other than or additional to providing Paid Content within Your Subscription, save as We may expressly agree under a separate agreement.

Miscellaneous

We agree to provide any session(s) that We agree to arrange with You in relation to any Brief. It is not possible to determine at the outset or subsequently how many sessions will be required in relation to any Brief. Unless We agree otherwise, to assist with Your Brief, it will be necessary for Us to provide services to you under an agreement separate from the contract for Your Subscription (i.e. provision of Paid Content alone will not be sufficient to enable Us to assist with Your Brief.

We expect You to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time.

If You are not available for a session for any reason it is solely Your responsibility to ensure that You purchase an additional session if necessary.

Outcomes

The outcome of any use of Paid Content (live or otherwise) depends to an extent on the efforts put in by You, and the use that You make of the information acquired.

10. Licence

We or out licensors/suppliers will own (and retain) all intellectual property rights (at all times throughout the world) in all Paid Content and the related system but when You purchase a Subscription to access Paid Content We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid Content for the purposes of and in the course of Your business, subject to the permissions and restrictions contained in clause 10 below. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties).

The licence granted under clause 10 above is subject to the following usage restrictions:

You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and
You may not use any two way livestream facility which is or is part of a Paid Content item or event to communicate or make accessible to any other person accessing or participating in that item or event anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of that item or event;
You may not reproduce any sequence of messages from the Coach Maker+ Website, either electronically or in print, without our permission; and
you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the Coach Maker + Website or the Paid Content or related system that We or Our suppliers own.

Your Uploads

By posting messages, uploading files, inputting data, or engaging in any form of communication on the Coach Maker+ Website, You are hereby granting to Us and the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which You may possess proprietary rights, including but not limited to copyright rights. All users of the Coach Maker + Website and

Paid Content are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against Us as the provider of the Coach Maker+ Website for any alleged or actual infringement of any proprietary rights to which You may claim ownership.

11. Ending Your Subscription

You may cancel Your Subscription at any time. However, subject to 11 below and clause 12, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

If You wish to exercise Your right to cancel under this clause 11, You may inform Us of Your cancellation by emailing accounts@coachmakerplus.com. Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the cancellation details in clause 3, in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

Refunds under this clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.

Refunds under this clause 11 will be made using the same payment method that You used when purchasing Your Subscription.

12. Ending the Contract Because of Something We Have Done (or Will Do)

You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content or these B2B Subscription Terms that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a credit or a refund to the card for the duration unused of the Subscription on a pro-rata basis. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.

If We have suspended availability of the Paid Content for more than 30 days, or We have informed You that We are going to suspend availability for more than 30 days, You may end the Contract immediately, as described in clause 9. If You end the Contract for this reason, We will issue You with a credit or a refund to the card for the duration unused of the Subscription on a pro-rata basis.

If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with credit or a refund to the card for the duration unused of the Subscription on a pro-rata basis.

You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.

If You wish to exercise Your right to cancel under this clause 12, You may inform Us of Your cancellation by emailing accounts@coachmakerplus.com.

Refunds under this clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.

Refunds under this clause 12 will be made using the same payment method that You used when purchasing Your Subscription.

13. Liability

Our Liability

Nothing in these B2B Subscription Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot be excluded or restricted by law. All other terms of the B2B Subscription Terms apply subject to this paragraph of clause 13.

We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (a) any loss of profit, loss of business, interruption to business, or for any loss of business opportunity, (b) any indirect or consequential loss arising out of or in connection with any contract between You and Us or (c) any loss or other liability to the extent caused by, contributed to by or arising from any statement, act or omission of any person other than Us or our employees and agents.

Our total liability to You per annum for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either 100% of the total sums paid by You under the contract in question or the total loss suffered by You in relation to any breach, whichever is the lower sum.

You will notify to Us any concerns, complaints, claims or disputes by emailing concerns@coachmakerplus.com promptly and fully co-operate with Us and act in good faith to seek to discuss and resolve the same in a reasonably time and cost efficient manner.

Indemnity

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable lawyer fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

14. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from a Force Majeure Event.

If any event described under this clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these B2B Subscription Terms:

We will inform You as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that We cannot minimise the delay, Our affected obligations under these B2B Subscription Terms (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform You when the Force Majeure Event is over and provide details of any new dates, times or availability of Paid Content as necessary;
If the Force Majeure Event continues for more than 30 days We may cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that You used when ordering Your Subscription;
If the Force Majeure Event and continues for more than 30 days and You wish to cancel the Contract as a result, You may do so in any way You wish, however for Your convenience We offer a Cancellation Form or you may also cancel by emailing us at accounts@coachmakerplus.com. If You would prefer to contact Us directly to cancel, please use the contact details in clause 3, in each case providing Us with Your name, address, email address, telephone number, and Order Number. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably practicable and in any event within XXX days of the date on which the Contract is cancelled and will be made using the same payment method that You used when ordering Your Subscription.

15. Complaints and Feedback

We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

All complaints are handled in accordance with Our Complaints Handling Policy .

If You wish to give Us feedback about any aspect of Your dealings with Us, please contact Us in one of the following ways:

In writing by post, addressed to Coachmaker Plus, PO Box 1690, Northampton, NN2 1JY
By email, addressed to addressed to concerns@coachmakerplus.com
Using Our complaints form, following the instructions included with the form;
By contacting Us by telephone on +44(0)1604 341815

16. Data Protection & Privacy

All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy

17. Other Important Terms

We may transfer (assign) Our obligations and rights under these B2B Subscription Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these B2B Subscription Terms (and the Contract) will not be affected and Our obligations under these B2B Subscription Terms (and the Contract) will be transferred to the third party who will remain bound by them.

You may not transfer (assign) Your obligations and rights under these B2B Subscription Terms (and under the Contract, as applicable) without Our express written permission.

The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these B2B Subscription Terms.

If any of the provisions of these B2B Subscription Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these B2B Subscription Terms. The remainder of these B2B Subscription Terms shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these B2B Subscription Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these B2B Subscription Terms means that We will waive any subsequent breach of the same or any other provision.

We may revise these B2B Subscription Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these B2B Subscription Terms as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-clause 12 above).

18. Law and Jurisdiction

These B2B Subscription Terms, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

Any disputes concerning these B2B Subscription Terms, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.