Subscription Terms and Conditions – Coaches and Consumers
1. Introduction
Welcome to Coach Maker+! We start every new subscriber relationship with an agreement. The following terms and conditions (the “B2C Subscription Terms”) set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to consumer clients through this website. If You agree to what You read below, You should click “Agree” at the end of the B2C 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 on www.coachmakerplus.com (“Coach Maker+ Website”).
To assist You we have noted below a Definitions section containing defined expressions used in the B2C 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 B2C Subscription Terms.
Revisions
We may revise or replace the whole or any part of these B2C 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 B2C Subscription Terms. This is because the B2C 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 B2C Subscription Terms effect at the time such dispute arose.
Definitions Used
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“Account” |
means the account, referred to in clause 7, that You must set up with Us to purchase any Subscription. |
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“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. |
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“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. |
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“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. |
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“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:
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. |
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“Subscription” |
means a subscription to the Coach Maker+ Website purchased by You which provides You with the entitlement and access to Paid Content which comprises: |
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“Subscription Confirmation” |
means Our acceptance and confirmation of Your purchase of a Subscription. |
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“Subscription ID” |
means the reference number for Your Subscription. |
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“VAT” |
means value added tax or any replacement tax in the UK.means value added tax or any replacement tax in the UK. |
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“Virus” |
means any thing or device (including any software, code, file or programme) which may:
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“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 |
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“You” |
means an individual customer/consumer who sets up an Account and purchases Subscriptions and accesses and uses any Paid Content – in each case to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession). |
2. Information About Us
The Coach Maker+ Website is owned and operated by Us.
Our registered address is16 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.
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General Queries |
You may contact Us by email at info@coachmakerplus.com |
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Paid Content or Subscriptions |
Please contact Us by email at accounts@coachmakerplus.com |
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Cancellations |
Please contact Us by email at accounts@coachmakerplus.com |
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Complaints |
Please see Clause 15 |
4. Access to and Use of The Coach Maker+ Website
These B2C 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 B2C 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 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 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 B2C 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 B2C Subscription Terms or any other of Our terms mentioned herein.
5. Consumer Clients
These B2C Subscription Terms apply to consumer clients only. These B2C Subscription Terms do not apply to individual customers purchasing Paid Content for in connection with, or for use in, their trade, business, craft, or profession.
Age Restriction
Only if a person is aged at least 18 years of age and intending to access and use the Paid Content and the Coach Maker + Website as a consumer (that is, for personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession) may they set up an Account or purchase a Subscription through The Coach Maker + Website and access Paid Content.
6. Subscriptions, Paid Content, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive.
Please note that the above paragraph of clause 6 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to clause 11 if Your Subscription or the Paid Content is incorrect.
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 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 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 inclusive of VAT and any other applicable taxes. If the VAT rate or any other applicable taxes change between Your order being placed and Us taking payment, the amount payable will be automatically adjusted when taking payment.
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 will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.
You may not create an Account if You are under 18 years of age.
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. If You believe that Your Account is being used without Your permission, 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);
- Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in clause 12; and
- In relation to any video event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed.
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 as soon as possible and in any event within 14 days.
Any refunds 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 each renewal date.
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 B2C 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.
All Paid Content within the scope of Your Subscription will be available to You in accordance with clause 7 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, 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 livestreamed item or Background Item, the period within which it is or will be available for access.
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;
- To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
- 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 10 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.
Any refunds under this clause 9 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 9 will be made using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method.
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 microphone and/or 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 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 any technology or other thing except if Your device or Your content is damaged in circumstances where We are liable in respect of that damage under clause 14.
We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):
- 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.
Scope of Our Content
Content offered: We offer Paid Content.
Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any preparation or other tasks or work done or activity engaged in by You set or suggested by the Coach, and Your aptitude.
Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about (including, where relevant, passing any examination) as a result of You taking part in or viewing any session(s).
Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions but We cannot provide such materials or items for You.
Practise/Homework/Tasks/Assignments: We may give You at the end of a session a practise homework assignment or tasks to carry out, and You should complete it/them prior to Your next session. It is best if You have a quiet place to [practice][study][carry out tasks][work on any assignment] without interruption.
Our commitment, amount of tuition needed: We agree to teach You at the agreed times and days. It is not possible to determine at the outset how much tuition You will require. Where We decide that We are able to do so, We may recommend to You, as and when appropriate, when We consider that You are ready for any relevant examination. We may recommend additional opportunities to help with Your [study][training] such as relevant workshops run by third parties where We are aware of such opportunities.
Your Commitment
Preparation for each session: You should attend each session prepared by completing any assignment, work, tasks set for You at the previous session. Adequate preparation for sessions is more likely to result in satisfactory progress. If you require guidance with an assignment or tasks between sessions, We are usually contactable by email/phone and may be able to provide some help remotely.
Records: You should provide and maintain a diary and this can be in the form of a paper or digital notebook in which You can make notes, setting out any information useful or necessary to You when studying, practising or carrying out any task or assignment or to prepare for an examination.
Provision of items by You
We are not responsible for obtaining or providing any equipment, materials items for You but We may recommend to You equipment, materials or items that You will or might need, and You should adopt any recommendation that We do choose to make to You as to equipment, materials or items that You should obtain/use.
Health & Safety
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 requirement, problem or condition 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, and] inform You if We decide not to
accept Your order for a Subscription because of the particular
requirement, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter; and •
Due to the remote nature of online sessions, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session You fall ill, have an accident or experience any other problem.
10. Licence
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 Your personal, non-commercial purposes. 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 the above paragraph of clause 10 is subject to the following: 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’).
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.Problems with the Paid Content
We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
- If the Paid Content has faults, You will be entitled to a repair or a replacement.
- If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
- If You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to clause 14 for more information.
- Please note that We will not be liable under this clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage. •
- If there is a problem with any Paid Content, please contact Us at support@coachmakerplus.com.
- Refunds (whether full or partial, including reductions in price) under this clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
- Refunds under this clause 11 will be made using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method.
- For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling Your Subscription
If You are a consumer in the UK or European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
After the cooling-off period, You may cancel Your Subscription at any time. However, subject to the next paragraph in clause 12 and clause 13, 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 12, You may inform Us of Your cancellation in any way You wish, however for Your convenience We offer a Cancellation Form or you may also cancel 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 contact 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 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 unless You specifically request that We make a refund using a different method.
13. Your Other Rights to End the Contract
You may end the Contract at any time if We have informed You of a forthcoming change to
Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these B2C 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 3 days, or We have informed You that We are going to suspend availability for more than 3 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a full refund.
If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. 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 a 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. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription unless You specifically request that We make a refund using a different method.
If You wish to exercise Your right to cancel under this Clause 13, You may do by emailing accounts@coachmakerplus.com.
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.
14. Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these B2C Subscription Terms (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from the Coach Maker + Website damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
- We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
- The damage has been caused by Your own failure to follow Our instructions; or
- Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
Nothing in these B2C 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); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
Nothing in these B2C Subscription Terms seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).
15. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer 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 complain 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 ; 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
We will only use Your personal data as set out in our Privacy Policy
Privacy
Note that all sessions that You purchase will be accessible only to You as an individual private session if the session setting is selected as such.
17. Other Important Terms
We may transfer (assign) Our obligations and rights under these B2C 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 B2C Subscription Terms (and the Contract) will not be affected and Our obligations under these B2C 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 B2C Subscription Terms (and under the Contract) without Our express written permission.
The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
If a court or other authority finds that any part(s) of these B2C Subscription Terms are unlawful, the remaining parts will remain in full force and effect.
If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these B2C Subscription Terms, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
We may revise these B2C Subscription Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these B2C 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 13.1 above).
18. Law and Jurisdiction
These B2C Subscription Terms, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in clause 18 above takes away or reduces Your rights as a consumer to rely on those provisions.
As a consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.