These terms (“Terms and Conditions”) apply to all services provided by The Oneness Coach (“Us” or “We”) whose business address is at 4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London, W1T 6EB to any individual or organisation (“You” or “Your”) and constitute the contract for the services to be provided by The Oneness Coach to the client.
1. Definitions and Interpretation
In these Terms and Conditions, the following expressions, unless the context otherwise requires, shall have the following meanings:
“Acceptance” “Agreement” |
means Our acceptance of Your Order; means the agreement between You and Us pursuant to which We shall provide the Services on the terms set out in these Terms & Conditions; |
“Commencement Date” “Order” |
means the date on which You enter into the Agreement with Us; means a booking made by You via Our website (www.theonenesscoach.com), social media or other platform for Our Services; |
“Fee” | means the fee payable for the Services as set out in Clause 5; |
“Services” |
means the Services provided by Us from time to time to paying clients via Our website, social media or other platform. |
2. Agreement and Term
2.1. In order to receive the Services, You will first need to submit an Order.
2.2. No part of Our website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase a Service. We may, at Our sole discretion, accept that offer. Our acceptance is indicated by Us sending You, by email, Our acceptance of Your booking. Only once We have sent Our Acceptance and You have paid the Fee will there be a legal, binding Agreement between You and Us.
2.3. We will provide the Services to You on the terms set out in these Terms & Conditions.
2.4. The Agreement shall come into force on the Commencement Date and shall continue until We have delivered the Services in full, or until the Agreement is terminated earlier in accordance with Clauses 6 (“Term”).
3. Services
3.1. The Services shall be delivered as agreed between the parties.
3.2. We shall have the right to make any changes to the Services which are necessary, or which We consider desirable or appropriate.
3.3. By placing an Order with Us You understand and agree that:
3.3.1. You are fully responsible for Your wellbeing during Your sessions including Your choices and decisions.
3.3.2. the Services You will be receiving from Us are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that We are not acting as a counsellor or a medical professional.
3.3.3. coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and You will not use it in place of any form of therapy.
3.3.4. all comments and ideas offered by Us are solely for the purpose of aiding You in achieving the defined goals You create with Us. You have the ability to give Your informed consent, and hereby give such consent to Us to assist You in achieving such goals and understand that results are not guaranteed.
3.3.5. no refunds will be given in respect of missed session(s).
4. Scheduling of Services
4.1. Bookings can be made via the appointment booking platform or via email to hello@theonenesscoach.com.
4.2. The dates and/or times booked by You through the booking platform may be subject to change, depending on the availability of the person delivering the Services and other matters which may be beyond Our control. In these instances We will endeavour to provide You with forty eight (48) hours’ notice where practical.
4.3. One-to-one Sessions will be held via Zoom unless otherwise agreed by the parties. The location of workshops and retreat days will be advised prior to booking.
4.4. The length of each session is set at the time of booking on the appointment booking platform and paid for accordingly at the time of booking.
4.5. For bespoke one-to-one package bookings, following Your initial session the date/s and time/s of any subsequent session/s will be booked via the appointment booking platform by Us.
4.6. One-to-one sessions may over-run by mutual agreement and paid for retrospectively, but only if the We have no commitments immediately following the session.
4.7. If You need to rearrange a one-to-one session, You must provide at least forty eight (48) hours’ notice. If less than forty eight (48) hours’ notice has been given Your Fee paid is non-refundable.
4.8. Where You have paid for a one-to-one session or sessions in advance You must have the session(s) that You have paid for within 6 months of the payment, or Your Fee is forfeited.
5. Fees
5.1. In consideration for Us providing the Services to You, You agree to pay the Fees in accordance with this Clause 5.
5.2. The Fees for the Services shall be the Fees displayed on Our website or marketing materials at the time of Our Acceptance. The Fees are inclusive of VAT.
5.3. The Fees shall be paid by via the payment gateway on appointment booking platform. You will be taken to the payment gateway automatically to make payment when placing Your Order.
5.4. Any Fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.
5.5. We make all reasonable efforts to ensure that the Fees shown on Our website and marketing materials are correct at the time of going online. We reserve the right to change the Fees and to add, alter or remove special offers from time to time and as necessary. Changes in the Fees will not affect the Fees payable by You for the Services if You have already entered into the Agreement.
5.6. Receipts and/or invoices are available, and where receipts are requested by the client, they will be sent by e-mail.
5.7. Fees are payable in advance of each session unless otherwise agreed. Where payment has not been received in advance of a session, We are not obliged to provide the session.
5.8. For sessions that over-run by mutual agreement, Fees will be charged by minute (example: 30 minutes will be charged at 50% of hourly Service fee as set out on the website).
6. Termination
6.1. In accordance with Consumer Rights Act 2015, if You enter into a contract online as a consumer, You generally have a legal right to cancel the contract within fourteen (14) days and receive a refund. However, You do not have the right to change Your mind and cancel the Agreement between Us relating to the Services:
6.1.1. after You have received the Services; or
6.1.2. if more than fourteen (14) days have elapsed since Our Acceptance.
6.2. If You have the right to cancel the Agreement during the cooling-off period under Clause 6.1, and wish to exercise that right, please contact Us at hello@theonenescoach.com. If We agree that You are entitled to cancel the Agreement under Clause 6.1, We will refund the Fees due to You as soon as possible, usually within fourteen (14) days.
6.3. You may terminate the Agreement for any booked packages immediately if We have committed a material breach of the Agreement, for example if You can show that the Service is not as described or agreed.
6.4. If You wish to terminate the Agreement in accordance with Clause 6.3 You must:
6.4.1. inform Us immediately by email at hello@theonenesscoach.com; and
6.4.2. provided You are able to demonstrate a material breach under Clause 6.3, We shall refund You for any remaining session Fees in respect of Services.
6.5. With the exception of the cancellation rights set out in Clause 6.1 and the termination rights set out in Clause 6.2 above:
6.5.1. You shall not be entitled to terminate the Agreement; and
6.5.2. You shall not be entitled to a refund of the Fees (or any part thereof).
6.6. We shall have the right to terminate the Agreement immediately if:
6.6.1. You breach any of the terms of the Agreement; and
6.6.2. You have in our reasonable opinion acted in such a way as might affect Our goodwill or reputation.
6.7. If We terminate the Agreement under Clause 6.6:
6.7.1. all outstanding Fees (including any unpaid instalments) shall immediately become due and payable by You; and
6.7.2. You shall not be entitled to any refund of the Fees (in whole or in part).
6.8. We shall have the right to terminate the Agreement if an event outside Our control occurs that continues for more than sixty (60) days, or if We are unable to provide or continue to provide the Services (or part of them) due to the non-availability of the necessary personnel and/ or materials or for technical reasons.
6.9. We shall have the right to terminate the Agreement, at any time and for any reason, on fourteen (14) days written notice.
6.10. If We terminate the Agreement under Clause 6.8 or 6.9, You shall only be required to pay the Fees for the Services that We have already provided as at the date of termination.
7. Liability
7.1. If We breach the terms of the Agreement, We may be responsible for any loss or damage You suffer that is a foreseeable result of that breach. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement is made, both You and We knew it might happen, for example if You discussed it with Us during the sales process.
7.2. We make reasonable efforts to ensure that the materials and information used are accurate, complete and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the materials and information are accurate, complete or up to date.
7.3. We shall not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any inaccuracy or misleading information provided in the course of delivering the Services, or for any reliance by You on any such information; any loss or corruption of data or hardware; any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any other indirect, special or consequential loss or damages.
7.4. Subject to Clause 7.6:
7.4.1. You agree that You are taking part in the Services voluntarily and at Your own risk and that neither We nor Joanna Sfakiotakis shall be held responsible or liable for any injury or harm You may sustain as a result of taking part; and
7.4.2. You hereby agree to release and discharge Joanna Sfakiotakis and Us from any and all claims or causes of action, known or unknown, related to Your participation in the Services.
7.4.3. Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees paid by You to Us under the Order.
7.5. Nothing in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law.
7.6. This Clause 7 shall survive the termination of the Agreement.
8. Events outside Our control
8.1. We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control. For the purpose of these Terms and Conditions, such causes or events may include, but are not limited to: Our sickness or ill health, power failure, internet service provider failure, service interruptions, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster or any other event that is beyond Our reasonable control.
8.2. We shall not be liable to You as a result of any delay or failure to perform our obligations under the Agreement as a result of an event outside of Our control.
9. Data Protection
9.1. All personal information that You and We may use shall be collected, processed and held in
accordance with the provisions of the Data Protection Legislation and the data subjects’ rights (including the rights of the parties to the Agreement) under the Data Protection Legislation.
9.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable) please refer to the Privacy & Cookie Policy on Our website.
9.3. You hereby consent to Us holding, processing and accessing Your personal data for all purposes relating to provision of the Services under the Agreement, in accordance with Our Privacy & Cookie Policy, the Data Protection Legislation and this Clause 9.
10. Confidentiality
10.1. Personal information or business information supplied by You in coaching sessions will be treated as confidential. It will not be disclosed to a third party without Your prior permission, save where required by law or where action might be necessary to prevent harm to You or someone else.
10.2. You undertake that You will, at all times during the continuance of the Agreement and after its termination:
10.2.1. keep secret and confidential all confidential information;
10.2.2. not use any confidential information other than for the purpose of Your participation in the Services and subject to these Terms & Conditions; and
10.2.3. not make any copies of, record in any way or part with possession of any confidential information or any information (irrespective of whether that information is secret, sensitive or confidential in nature) relating to Us.
11. Intellectual property
11.1. All Intellectual Property Rights (as defined below) in or arising out of or in connection with the Services and any materials is owned by Us and nothing in the Agreement shall grant You any Intellectual Property Rights.
11.2. For the purposes of this Clause 11, Intellectual Property Rights mean:
11.2.1. any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, materials, rights in designs and inventions;
11.2.2. rights in or in relation to Our confidential information;
11.2.3. rights of the same or similar effect or nature as or to those in Clause 11.2 which now or in the future may subsist; and
11.2.4. the right to sue for past infringements of any of the preceding rights.
11.3. Where We provide You with access to materials during delivery of the Services, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the materials.
11.4. You may not, for the term of the Agreement and at any time after its termination:
11.4.1. copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the materials (or any part of them) or make the materials (or any part of them) available to any other person; or
11.4.2. use the materials in the provision of any other course, training or coaching.
12. General
12.1. If You wish to contact Us about any aspect of Our Services or the Agreement, You may do so by email to hello@theonenesscoach.com.
12.2. You agree that if You have any complaints or issues with the Services provided by Us, You will contact Us as soon as possible and work collaboratively with Us to attempt to resolve those issues in a constructive way. We will endeavour to resolve any issues You may have quickly and effectively.
12.3. We may revise these Terms and Conditions from time to time. If the changes to these Terms and Conditions materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect.
12.4. No failure or delay by You or Us in exercising any of our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by You or Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
12.5. We may transfer (assign) Our rights under the Agreement 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.
12.6. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.
12.7. We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors or third parties.
12.8. The Agreement is between You and Us. No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
12.9. In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.
12.10. The Agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes all previous agreements, assurances, warranties, representations and understandings between You and Us with respect to its subject matter.
12.11. The Agreement shall be governed by and construed in accordance with the laws of England and Wales.