Terms of Service
Effective: May 25, 2018
LILY WOI COACHING – CLIENT AGREEMENT
We are Lily Woi Coaching, a sole trader trading from International House, 24 Holborn Viaduct, London, EC1A 2BN. You can contact us by sending an email to [email protected]
2 These terms
2.1 These terms apply to any purchases you make. Please read these terms carefully before you place an order, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before paying for an order.
2.2 For the purposes of these terms, you are a ‘consumer’ if you are buying services from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying services from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
2.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Lily Woi Coaching, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
2.4 You must be at least 16 years old to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
2.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
2.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
3.1 Please check your order carefully and correct any errors before you submit it to us.
3.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy services from us on these terms.
3.3 Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
3.4 If we do not accept your order, for example because we are unable to take payment, the services are unavailable, you are under 16 or there has been a mistake regarding the pricing or description of the services, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a pro rata refund of any advance payments made by you for any services that have not yet been provided.
5 Making changes to your order
If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order. Any changes are at our discretion.
6 Providing services
6.1 Descriptions of our services are set out in the invoice.
6.2 We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process.
6.3 For services provided over a period of time, any completion dates stated during the order process, or in your acknowledgment or confirmation emails, are estimates.
6.4 We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents, unpredictable traffic delays).
6.5 Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the services are delayed by more than one month we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a full refund. If the services are delayed in the middle of the training delivery we will provide you with a pro rata refund of any advanced payment made by you for any services that have not yet been provided.
6.6 If you are a consumer, the services are provided to you for your domestic and personal use only. You must not use our services for commercial or business purposes.
6.7 If you are a business customer, you confirm that you are purchasing the services for the purposes of your named business only and not for or on behalf of any third party.
6.8 If you are unable to attend a one-to-one call, you should give us at least 48 hours’ notice. If you fail to give sufficient notice, we may cancel all future appointments.
6.9 You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with us. As such, you agree that we are not, and will not be, liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by us.
7 Our Rights to End the Contract
7.1 We may end the contract for our service at any time by writing to you if you have become disruptive, difficult to work with and use any discriminatory language towards us or any participant on the course.
7.2 If we end the contract for any of the reasons in clause 7.1 full payment must still be made, and you will not be entitled to a refund.
8 Prices and Pay
The prices of the courses we provide are set out in the invoice. We take all reasonable care to ensure that the prices advised to you are correct.
We accept payment from all major credit cards and debit cards. You can also pay by Stripe. All credit card and debit card payments need to be authorised by the relevant card issuer.
10 Consumer cancellation rights
This clause 10 only applies to you if you are a consumer.
10.1 You have 14 days from the date of your order confirmation email to change your mind and cancel your order.
10.2 We will close the application deadline for some of our courses a week before the training commences. You acknowledge that the 14-day cooling off period may not be capable of applying to your order. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
10.3 If you are unable to attend your course, please contact us by email at least 14 days before the course starts. We may be able to offer an alternative date to carry out the training or provide you with a pro rata refund for any advance payments made by you for any services that have not yet been provided to you.
10.4 If you request for us to start providing services during the 14-day cancellation period and we agree to do so, this will impact your cancellation rights as follows:
10.4.1 you lose your right to cancel once the services are fully performed and will not be entitled to a refund even if the cancellation period has not expired;
10.4.2 if the services have not been fully performed, you will be required to pay for the services we provided up to the time that you told us that you want to cancel.
10.5 To cancel your order, please email us at [email protected] To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
10.6 We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel. If services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained in clause 10.4 above.
10.7 We will issue your refund to the same payment method you used when you placed your order.
11 Our Refund Policy
11.1 All refunds, other than those stated in clause 10, are at our discretion.
12 Faulty services—consumers
This clause 12 only applies to you if you are a consumer.
12.1 We must provide the services to you with reasonable care and skill.
12.2 If a service is not carried out with reasonable care and skill, you can ask us to repeat the service or get some money back if we cannot repeat it.
12.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 9 above. For more detailed information on your rights visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
12.4 If there is a problem with a service we have provided to you, please contact us as soon as reasonably possible.
13 Faulty services—business customers
This clause 13 only applies to you if you are a business customer.
13.1 We warrant that the services will be performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982.
13.1.1 As your sole and exclusive remedy, we will (at our option) remedy, re-perform or refund any services that do not comply with clause 13.1, provided that you notify us by email to [email protected] within 7 calendar days from the date that the services are completed.
13.2 Except as set out in this clause 13, we give no warranties and make no representations in relation to the services, and all warranties and conditions (including the conditions implied by sections 12–16 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
14 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
15 Our liability to consumers
This clause 15 only applies to you if you are a consumer.
15.1 Subject to 15.4, if we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
15.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
15.2.1 consequential, indirect or special losses; or
15.2.2 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.
15.3 Nothing in these terms will limit or exclude our liability for:
15.3.1 death or personal injury caused by negligence;
15.3.2 fraud or fraudulent misrepresentation; or
15.3.3 any other losses which cannot be excluded or limited by law.
15.4 Our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the services.
15.5 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
15.6 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
16 Our liability to business customers
This clause 16 only applies to you if you are a business customer.
16.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the services.
16.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
16.2.1 consequential, indirect or special losses; or
16.2.2 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.
16.3 Nothing in these terms will limit or exclude our liability for:
16.3.1 death or personal injury caused by negligence;
16.3.2 fraud or fraudulent misrepresentation; or
16.3.3 any other losses which cannot be excluded or limited by law.
17 Your information
17.2 We may transfer different kinds of personal data about you to other training providers which we have grouped together as follows:
17.2.1 Identity Data (First name, Last name, Company Name and Number).
17.2.2 Order Data (Duration of service and number of sessions).
17.2.3 Contact Data (Email Address and telephone numbers).
18.1 You undertake that you shall:
18.1.1 keep confidential the terms of this agreement and the digital content provided, and all confidential information;
18.1.2 not disclose any of the of the information referred to in 18.1 to any third party; and
18.1.3 not make any use of the information referred to in 18.1.1 other than to the extent necessary for the porpoise of exercising or performing its rights and obligations under this agreement.
18.2 We undertake that anything you share in the One-to-One calls, group calls and training workshops will remain strictly confidential and not be disclosed to any third party.
19 No third-party rights
No one other than us or you has any right to enforce any of these terms.
20.1 If you are unhappy with us or the services we have provided to you, please contact us at [email protected].
20.2 If you are a consumer and your complaint cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you can still bring court proceedings.
21 Governing law and jurisdiction
21.1 If you are a consumer, the laws of England apply to these terms, although if you are resident elsewhere in the UK you will retain the benefit of any mandatory protections given to you by the laws of the region of the UK in which you live. Any disputes will be subject to the exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of the part of the UK in which you live.
21.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
22.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
22.2 If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
22.3 You can submit your dispute to CEDR by going to https://www.cedr.com/link . CEDR is the ADR provider we use and is approved by the government to provide ADR services.
22.4 If you do not wish to use ADR, you can still bring court proceedings.
22.5 Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
23 General terms
23.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
23.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
23.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
23.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
23.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
23.6 You agree that you have assessed the potential risks, completed all due diligence on us and have taken any necessary independent advice necessary to become a client and this decision to become a client is solely yours.