I am so pleased you have decided to use my services or resources! Please read the following important terms and conditions before you commit to using them.

This contract sets out: your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.

The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things. Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

In this contract: ‘I’, ‘me’ or ‘my’ means C Mulkerrins trading as Born To Be Coaching; and ‘You’ or ‘your’ means the person buying or using my services and resources. 

If you would like to speak to me about any aspect of this contract, please contact me via the contact form on this website.

BACKGROUND

I am a sole trader and my trading address is Unit G, Courtyard Business Centre, Lonesome Lane, Reigate, RH2 7QT, UK trading as ‘Born To Be Coaching’.

I provide clairvoyant and intuitive coaching services (‘services’) and you and I wish to enter into this agreement to set out the terms and conditions that will apply in respect of the services to be provided by me to you. Our sessions may include: Coaching; Neuro Linguistic Programming (NLP); Hypnotherapy; Timeline Therapy; Conversational Change Techniques; Human Design; Card Reading; Mediumship; Astrology; Astrogeography; Energetic Healing and Chakra Work; Crystal Healing; Meditation Guidance and Breathwork;  Herbalism; Natural Health Guidance; and other Intuitive Services.

1 Introduction

If you sign up for or access my services you agree to be legally bound by this contract.

If you use any of my free resources that I may offer from time to time you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.

When signing up for my services or using any resources you also agree to be legally bound by:

• my website terms of use and privacy policy;
• extra terms which may add to, or replace, some of this contract, for example any specific written contract between me; 
• any specific terms which apply to my services, for example programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us (‘service description’).

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

2 Signing up for my services

Certain sections of this contract only apply to you and I if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015 say that I must give you certain key information before a legally binding contract between you and I is made (see the summary box below). I shall give you this information in a clear and understandable way in the main body of this contract together with the relevant services description, including any services description agreed between us in the future.

3 Summary of some of your key rights

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you will be charged for what you've used. See clause 6 below for full details.

The Consumer Rights Act 2015 says:

• you can ask me to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if I can't fix them
• if a price hasn't been agreed upfront, what you're asked to pay must be reasonable
• if a time hasn't been agreed upfront, they must be carried out within a reasonable time

I shall give you information on: 

• the main characteristics of the services you are buying
• who I am, where I am based and how you can contact me
• the price of the services
• the arrangements for payment, carrying out the services and the time by which I shall carry out the services
• how to exercise your right to cancel the contract in the cooling off period if you are a consumer (where appropriate)
• my complaint handling policy

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

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

You place your order by completing the booking form and by clicking on the payment link on my site, or by transferring payment to my bank account, or by using the payment link I send to you. Placing your order and making payment does not, however, mean that your order has been accepted. 

Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 7 days.

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

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

I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:

• a legally binding contract will be in place between you and me, and
• I shall start to carry out the services as set out in the relevant programme or services description.

The details of the services to be provided will be set out in the statement of services.

Each statement of services is a separate contract incorporating the terms of this agreement.

4 Carrying out the services

If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.

I shall use reasonable endeavours to carry out the services within the timescales specified in a statement of services but time of performance is not of the essence of this contract. This means where I miss a timescale agreed with you, as long as I have used reasonable endeavours to meet the timescale, this will not entitle you to terminate the contract with me or ask for a refund or any form of compensation. If I have not agreed a specific timeframe with you I shall supply the services within a reasonable period of time.

All sessions (including rearranged sessions) must be taken within the timeframe specified in the statement of services or they will expire.

You can rearrange one session during any course or programme providing you give me at least 24 hours’ notice. If you give me less than 24 hours’ notice, fail to turn up for a session or have already rearranged a session during a course, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.

In order to avoid confusion and the possibility of missed or delayed communications, my main form of communication is limited to email. Although I may respond to other forms of communication, I can only guarantee a timely response to this form of communication.

Sessions usually take place remotely via an online platform or any other means of communication agreed with you in advance. There may be an additional charge for face to face meetings.

Where a session or event is due to take place in person, I reserve the right to move that session or event online where circumstances make it necessary or preferable to do so.

Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.

My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances. I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, any law or action taken by a government or public authority, internet failure or other IT problems, or if you change the scope of the services you require from us.

To the maximum extent permitted by law, I exclude any and all implied warranties in respect of the services, except as expressly set out in this agreement.

5 Your responsibilities

You will pay the price for the services as set out in the relevant statement of services.

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

If you are in breach of this contract, I reserve the right to suspend or curtail the services as I see fit.

You agree:

• to obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the receipt by you of the services; and
• to ensure that you have the right to share any information or materials with me, including any Intellectual Property Rights.

If the performance of my obligations under these terms is prevented or delayed by any of your acts or omissions, or subcontractors, I shall not be liable for any costs or losses incurred by you that arise directly or indirectly from such prevention or delay.

You warrant that you have the right to disclose the confidential information and any materials to me and to authorise me to use them for the purpose of providing the services.

6 Prices and payment

All prices quoted are inclusive of VAT.

The price for the services is set out in the relevant statement of services.

In order to provide the services, I require payment as specified in the attached services description. If you fail to make any of the payments on the due dates as set out in the service description, I shall invoice you immediately for the whole of any outstanding balance and payment for that invoice will be due by return.

I shall send you an invoice in respect of my fees monthly on completion of the services and my invoices are payable within 7 days.

My refund policy is as follows (clause 6.5):

• if you are a consumer, you have the right to a refund during the ‘cooling off’ period, as described below;
• where I cancel a programme (other than under clause 11.3 below) you are entitled to a partial refund for services which you have paid for in advance and which you have not received.
• where you wish to cancel this contract and you give me one month’s notice in writing, I shall give you a partial refund for services which you have paid for in advance and which you have not received, but I shall deduct reasonable compensation for the net costs I shall incur as a result of your ending the contract.

In view of my clear refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, without you seeking repayment from me first: you shall be in breach of this contract;  you agree that you will owe me first the sum charged to me by my merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach; and I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

Payment is made via bank transfer. Where agreed, payment is made by cheque or cash.

If any of your payments are not paid on the due date I may suspend services until payment has been made in full and I may charge interest on any balance outstanding at the rate of 4 percentage points a year above my bank’s base rate.

I shall ensure that a record is kept of the amount of time spent on the services.

I shall give you written notice at least 28 days in advance of any increase in my fees. If the increase is not acceptable to you, you may, within 7 days of the date of the notice, terminate this contract by giving written notice to me. In these circumstances the services will cease 28 days after the original notice of the price increase.

I shall be entitled to charge to you any sums reasonably incurred by me in recovering outstanding sums from you including professional and collection agency fees.

7 Cooling off period for consumers

If you are a consumer, you have the right subject to 7.3 and 7.4 below to cancel this contract within 14 days of signing up without giving any reason. (clause 7.1)

The cancellation period will expire 14 days after the date of purchase.

However,  if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6.5 will apply and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay my reasonable costs of services provided within that time. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time: making a booking a with me for which the allocated date and time will then, also as a service, be reserved for you to the exclusion of all others; or opening, accessing or downloading any digital resources I make available to you; or joining any private social media or online group associated with my services; or accessing any other supporting materials made available to you. (clause 7.3)

If you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless I have expressly agreed otherwise. However, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 7.3 for which you will have to pay my reasonable costs. (clause 7.4)

8 Intellectual property

In this agreement, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

In this clause ‘Deliverables’ means any bespoke documents or other materials produced by me for you and to be supplied to you as part of the services as set out in a statement of services.

If I provide you with any materials other than the Deliverables during the services, whether digital or printed, any Intellectual Property Rights in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use to obtain the benefit of my services. You may not use such materials for any other purposes and you may not share them with third parties.

Provided I have received payment in full for my fees, I shall grant you a non-exclusive perpetual (save in the event of a breach by you of the terms of this contract) licence to use the Deliverables for your own personal use unless explicitly agreed otherwise in order to enjoy the benefit of my services under the terms of this agreement.

9 Confidential Information

All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime. Such circumstances may include suicide, animal or child sexual or general abuse or neglect, kidnapping, murder, rape, treason or terrorism. (clause 9.1)

Where you participate in any group sessions, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant. (clause 9.2)

The obligations in clauses 9.1 and 9.2 will not apply to information which:

• has ceased to be confidential through no fault of either party;
• was already in the possession of the recipient before being disclosed by the other party; or
• has been lawfully received from a third party who did not acquire it in confidence.

You will not use any Confidential Information for profit or for your own benefit in any way.

Your and my confidentiality obligations under this clause will continue after termination of this agreement.

10 Personal Data and Data Processing

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

• provide the services; 
• process your payment for the services; and 
• inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me). 

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

See my privacy policy for full details of how I use your information.

11 Resolving problems and faulty services

In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.

A summary of your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. For more detailed information on your rights and what you should expect from suppliers of services, you can find out more from Citizens Advice on their website www.citizensadvice.uk or call them on 03454 04 05 06.

Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights under common law. (clause 11.3)

Please contact me using the contact details at the top of this contract if the services I supply are faulty and you wish to discuss with me the options open to you.

The terms of this agreement will apply to any re-performed services.

12 End of the contract

If a services description specifies a length of time for services to be provided then subject to clause 12.3 below, the services will terminate at the end of that timeframe.

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

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

• the other party commits any material breach of the terms of this contract or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so.  The written request must expressly refer to this clause and state that the services and this contract will be terminated if the breach is not resolved; or
• the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
• For the purposes of this clause, any breach by you of the rules governing your participation in my Groups hosted by me on any social media platform, constitutes a material of this contract which is not capable of being resolved.

If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.

If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

13 Limit on my responsibility to you

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

losses that:

• were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry;
• were not caused by any breach of these terms on my part; and

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

My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability. If you would like me to assume a greater degree of potential liability, please contact me for a revised price for my services.

14 Disputes

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

If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.

The laws of England and Wales will apply to this contract.

In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.

15 General

This is my entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Amending the agreement. No variation of this agreement shall be valid or effective unless it is in writing and is agreed to by us.

Third party rights. No one other than a party to this contract has any right to enforce any term of this contract.