Membership Terms and Conditions

Updated October 2021

1.    Application of terms and conditions

1.1.    These terms and conditions (“Terms”) apply to ‘Calm Mind, Vibrant Circle – the Inner Circle’ (“Membership”) operated by Linda Wood trading as Linda Wood Coaching and Consulting (“we” or “us”). By applying to be a member of our Membership, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to elsewhere or as implied by law, trade custom, practice or course of dealing. The agreement between us and you, the person or entity applying to be a member of our Membership (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you applying to be a member of our Membership and shall continue until terminated in accordance with these Terms.

 

1.2.    These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Terms of Use (all of which can be found on our website https://www.calmandconfident.uk (“site”)).

 

1.3.    Any content posted or submitted by you to our Facebook Group, or contributions to any in person sessions in the course of your Membership is subject at all times to the content standards set out below.

2. Membership

2.1. There is one level of Membership as follows:

Standard:

This gives you access to recorded masterclasses and modules, live meditation sessions, guest speakers and Question and Answer sessions via a secure online membership website.

Membership of an online community, 'Calm Mind, Vibrant Life - the Inner Circle' and access to content available there.

 

2.2.  We may, at our absolute discretion, refuse membership to any person or entity and we shall not be obliged to state our reasons for such refusal.

 

2.3. Memberships shall continue unless they are terminated by either of us in accordance with clause 6 below.

 

2.4. You agree to keep user details and your password for the secure membership site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorized use of your account.

 

2.5. The online materials of the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times but in the event that such content (or any content added by you or other participants in the Membership) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.

 

2.6. ​To access the digital materials included in the Membership you will require access to a reliable and secure internet connection through an internet browser such as Chrome, speakers or headphones and a printer to print hard copies of downloadable documents if you wish to. You will need access to a screen for reading documents, presentations and viewing videos, and ideally a printer to print off downloadable documents.

 

Online Sessions

2.7. The online sessions run within the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times whilst you remain a member of the Membership, but in the event that such content (or any content added by you or other participants) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.

 

2.8. The materials we deliver as part of your membership do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances. This includes during live events and in response to questions posted in the private membership group.

3. Payment

3.1.    The total monthly or annual price payable for the Membership is as set out on the order form at the point of sign up. You may make payment via the method specified on the order form. Payments will be taken on the date of registration and on the same date of subsequent months, so for example, if registration is on 28 May, the next payment will be on 28 June.

If you are paying in annual instalments, payments will be taken on the date of registration and the same date in subsequent years.

You agree that we may take these payments automatically without any further consent or notice from you.

 

3.2.    Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to suspend the Membership until such time as payment is made or the Contract is terminated.

 

3.3.    The total price payable as set out in the order form is inclusive of Value Added Tax.

 

3.4.    All payments are non-refundable other than as set out in paragraph 4.5 below.

4.    Our obligations

4.1.    We warrant to you that the Membership (and Membership Materials) provided is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.

 

4.2.    Other than as set out in paragraph 4.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of online, self-managed learning and coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.

 

4.3.    We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

 

4.4.    If you are buying as a consumer (as defined in the Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013 – namely you are buying the Membership as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, you may cancel the Contract within 14 days of the date of you registering for the membership by emailing us at linda@calmandconfident stating your clear intention to cancel or by using the form of cancellation annexed to this agreement at Annex 1. If we receive such email within 14 days of the date of you registering for the Membership, we shall provide you with a full refund of the amount paid by you up to such date, within 14 days of the day on which we received your valid notice of cancellation and usually by the method originally used by you to pay for your purchase.

 

4.5 You hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. For removal of doubt, this is at the point that you are given access to the membership Portal. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

 

4.6 Your Membership begins as soon as you enroll, so you thereby agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 4.4 above and you acknowledge that you will lose your cancellation rights in relation to such digital content.

 

4.7 You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Membership services to you in accordance with our Privacy Notice that you can view at https://calmandconfident.uk/privacy-policy/.

 

4.8 You acknowledge that in the course of your Membership, you may have access to other members’ confidential information,e.g. in posts shared by members in the Facebook community, or during discussions at group events, and you agree not to use or disclose to any third party such confidential information.

5. Intellectual Property

5.1.    We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials provided to you by us as part of the Membership (“Materials”) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials to you or to any other person.

 

5.2.    You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials contained in the Membership, or any of the ideas and concepts created by us and contained within the Membership.

 

5.3.    We grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to use all or any of the Materials, for the purposes for which the Membership was provided only.

 

5.4.    Except as set out in paragraph 5.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

 

5.5.    You may not, without our prior written consent, make any audio or visual recordings of any part of our Materials provided through the Membership.

 

5.6.    We may from time to time record any or all or any part of the Materials being delivered during your attendance at live events.  You authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.

 

5.7.    You acknowledge that certain information contained in the Materials is already in the public domain.

 

5.8.    You are not permitted to sell or promote products or services to other members of our Membership at any time without our prior written permission.

 

5.9.    The provisions of this paragraph 5 shall survive termination of the Contract.

6.    Term and termination

6.1.    The Contract shall continue until your membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract. For the avoidance of doubt, the Licence granted in paragraph 5.3 shall terminate automatically on termination or expiry of the Contract except for your sole personal use.

 

6.2.    You may terminate your Membership and the Contract at any time by emailing us at linda@calmandconfident.uk. Subject to paragraph 6.3 below, no refunds will be provided. Where you have set up recurring payments, it is your responsibility to terminate these payments.

 

6.3.    Notwithstanding the provisions of paragraph 6.1 or 6.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

6.3.1.    The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

6.3.2.    The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

6.3.3.    The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

 

6.4.    We may terminate the Contract without any liability to make any refund to you if your continued participation in the Membership is in our opinion causing disruption to the running of the Membership or to other participants.

 

6.5.    Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.

 

6.6.    Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

 

6.7.    Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.

 

6.8.    This paragraph 6 shall survive termination of the Contract.

 

6.9.    Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.

7. Liability 

7.1.    Nothing in this paragraph 7 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

7.2     We shall not be liable for any loss of earnings or profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Membership.

 

7.3.    Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Membership.

 

7.4.    If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

 

7.5.    We may make changes (and shall not be liable for additional costs incurred by you, or for any additional liability incurred by you as a result of changes) in (i) the Membership, (ii) any of the content or Materials, (iii) the time and date of sessions (iv) the delivery mode of sessions (for example changing an in-person session to and online or pre-recorded session) (v) trainers, instructors, guest speakers or coaches.

 

7.6.     The provisions of this paragraph 7 shall survive termination of the Contract.

 

7.7.    You acknowledge and agree that:

7.7.1.    The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);

7.7.2.    in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.

 

7.8.     Any claims to be brought under or arising out of the Contract must be brought within 6 months of the Materials being made available to you giving rise to the claim.

8. Content Standards

8.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

 

8.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

 

8.3 Contributions must:

  • Be accurate (where they state facts).

  • Be genuinely held (where they state opinions).

  • Comply with applicable law in the UK and in any country from which they are posted.

 

8.4 Contributions must not:

  • Contain any material which is defamatory of any person.

  • Contain any material which is obscene, offensive, hateful or inflammatory.

  • Promote sexually explicit material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Be likely to deceive any person.

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal activity.

  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  • Give the impression that they emanate from us, if this is not the case.

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

9.    General

9.1.    By applying for Membership you warrant that:

9.1.1.    You are legally capable of entering into binding contracts; and
9.1.2.    You are at least 18 years old; and
9.1.3.    
You are resident in England and Wales; and

9.1.4     That all information you provide us with is materially true and accurate at all times and not misleading in any way.

 

9.2     The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub license or deal in any other manner with all or any of your rights under the Contract. We can transfer all or any of our rights and obligations under these Terms at any time.

 

9.3      If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

9.4 If we do not insist on performance of your obligations under the Contract, or we delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

 

9.5  We may vary these Terms (other than the price payable by you for the Membership) as we see fit from time to time and if we do, we shall notify you of the change of terms via email or by announcement within the online group. Your continuation with the Membership will be deemed to be your acceptance of any new Terms. Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this we will refund to you a pro-rata amount of any sums paid by you for Programme.

 

9.6 You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

 

9.7 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

 

9.8 We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

 

 

 

ANNEX 1

CANCELLATION FORM


 

To:

Linda Wood of Linda Wood Coaching and Consulting

38 Brambledown Road, Wallington, SM6 0TF

linda@calmandconfident.uk

I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:

Membership of ‘Calm Mind, Vibrant Life – the inner circle’

Ordered on ………………………………………………………………………………………………………

Name of consumer ………………………………………………………………………………..…………

Address of consumer …………………………………………………………………………….…………

Signature of consumer ……………………………………………………………………….……………

Date ……………………………………………………………………………………………………………...…

Email: linda@calmandconfident.uk 

© Linda Wood. All Rights Reserved.