Shine Squad Coaching Terms & Conditions

Shine Squad Coaching Terms & Conditions

Emma Colsey-Nicholls

Shine Squad Coaching Terms and Conditions

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;
  • my 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 so that we can get on with the good stuff! 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 Emma Colsey-Nicholls trading as Metabolic Makeover LTD  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 by e-mail at  info@emmacolseynicholls.com

BACKGROUND

I provide health and lifestyle mindset coaching.

I am a limited company with company number 08201369 and with its registered office at 161 Preston Road, Lytham St Annes, FY8 5AY .

    1. .
      1. programme or look at the services description I have sent you in an email or request it from me.

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

    • between us.
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 my complaint handling policy
  • me
    • 3.2            You place an order either on the site by clicking on the relevant payment link or I shall send you the link by email. Please read and check your order carefully before submitting it.
      •   Any prices set out in a quotation remain valid for 14 days.
      • sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
        • as set out in the programme description on this website or in a services description agreed between us.
    • is set out in the relevant programme or services description.
    • All coaching sessions including additionally purchased sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire.
    • [make sure you are very clear about your re-scheduling policy; this will save you hassle further down the line] You can rearrange any  coaching sessions during a coaching 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, 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.
    • All sessions take place remotely via the means of communication agreed with you in advance.  There may be an additional charge for face to face meetings.
    • 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.
    • I agree to payment by instalments, in which case a supplementary fee will be chargeable.  The relevant programme or services description will state payment instalment options.
    • The fees are non-refundable except for:
      • if you are a consumer, your right to a ‘cooling off’ period as described below; and
      • where I cancel a programme other than under 12.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.

In all other circumstances I am not able to refund to you any of the payments you have made, even where you do not complete your sessions with me, as payment is for the programme as a whole, not individual sessions.  This is a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together.  This policy also helps you with your own accountability and commitment to improving your life through my coaching programme.

In view of my clear no-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, or after the end of the cooling off period if you are a consumer, 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.

  • My refund policy is as follows:
    •  if you are a consumer, you have the right to a refund during the ‘cooling off’ period, as described below;
    • where you wish to cancel this contract and you give me one month’s notice in writing.
    • Payment is via the payment button on this website or as agreed between us.
    • any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Bank plc’s base rate.
  • Cooling off period for consumers
    • You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
    • However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel.  At this point my refund policy set out in clause 6.3 will apply. 
    • 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 we have expressly agreed otherwise.
  • Intellectual property

If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

  • How I may use your personal information
    • 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.
    • All information shared by you 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.
    • I shall not give your personal information to any third party unless you agree to it.
  • Confidential information
    • All information shared by you 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.
    • Where you participate in any group sessions, for example as part of a group coaching programme, 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.
    • The obligations in clauses 10.1 and 10.2 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.
    • Your and my confidentiality obligations under this clause will continue after termination of this agreement.
  • Resolving problems
  1. and it will not operate to affect any provisions that expressly or by implication survive termination.
      1. , including loss of business, loss of profits, loss of management time and loss of business opportunity.
    1. My total liability to you is limited to the amount of fees, if any, paid by you for the services.
    1. and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
    1. .
    1. 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.

 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.

    1. .

Check out our special countdown to Christmas event

X