Terms & Conditions – All services

Please read all the terms of service below, they are relevant for all the services provided.

I am excited and pleased you’ve decided to join a programme, course, workshop or personal coaching with me (Sarah Matyjasik).Congratulations on making the decision to take charge and put your health, fitness and wellbeing at the heart of your business and family life.

• Sarah Matyjasik provides wellbeing coaching services, and my qualifications are; Personal Trainer, Nutrition Advisor, NLP Practitioner, Life Coach and Solution Focussed Hypnotherapist and whilst I use all my knowledge and skills from these qualifications within the services I provide, this is for educational and informational purposes only and not intended to substitute informed medical advice. You should not use this information to diagnose or treat a health problem or condition. Always check with your doctor and get confirmation before making any changes to health regime, diet, sleep or fitness.
• If for any reason you decide you aren’t able to make the programme, course, workshop or other services provided that you have purchased, as a consumer you have a 14 day cooling off period in which to cancel however if you have started using the services during this time then you lose the right to cancel. It may be possible to move to another date for the same service being provided

  Group Coaching information highlighted for ‘Cheerleading Life’ (6 week course)

  Thank you so much for deciding to join Sarah Matyjasik of SMpower for the ‘Cheerleading Life’ group coaching course.

  In order to bring the best of ourselves to this coaching programme and relationship, it is important we share an understanding about how we will work together.

   Programme:

  We will work together with a commitment to enable you to get best results:

  Group Coaching sessions

  • Weekly, (6 in total) there will be a 1 hour group coaching session via zoom on a module from the programme. If you cannot make the session, it will be recorded and made available for you to watch via a link which will be sent out to all courses attendees.

  Facebook group

  • You will be added to a private Facebook group for the duration of the programme so that you have access to others who are going through the same programme as you. This is a great way to engage in a positive and fun community of women all starting on their health journey.

  One to One Coaching – VIP Package

  • There is the option to book one to one sessions with Sarah when purchasing the VIP option. They will need to be booked on commencement to ensure the dates are at the beginning, middle and end of the 6 weeks to enable you to gain maximum benefit from a more personalised approach with Sarah.
  •  All other questions/contact will be in the Facebook group or on the live sessions.

  I will always bring my best self, free from distractions to every group coaching session and will always do my best to accommodate questions so you’re able to take action the next day. I respectfully ask that you’re also able to bring your best self free from any distractions to the session as this will hugely benefit you in the long run.

  PAYMENT

  Payment will be made as a one-off payment via stripe.

  • The payments are non-refundable once commenced and can be cancelled as per you statutory rights within 14 days of purchase  if not commenced. An additional date may be available to move to.

   RELATIONSHIP

  • We are entering into a group coaching relationship and there is not, or ever will be, any kind of psychological counselling. The relationship is one of a group coach and mentor sharing knowledge, skills and lived experience. (As per disclaimer)

   MISUNDERSTANDINGS

  • An important part of the group coaching relationship is the coach’s role in finding challenges and encouraging the attendees to move forward. If I do or say anything that upsets you, please do let me know. I want to provide you with the support you need and believe that honesty and trust is critical for our relationship to flourish. I want this to be an open and safe place for you to come with confidence. Please do email me if you have anything you wish to discuss privately and not in front of the group.

  GUARANTEES

  You recognize that I will always have your best interests at heart and that with an open mind and a willingness to learn new things, put plans in place and carry out homework recommended, you can make life-changing strides in your goals. However, as with anything in life, there are no guarantees, your success is dependent upon the effort you put in outside of our sessions together, so no guarantees are made.

  CONFIDENTIALITY

  • You recognize that the programme is based around group coaching sessions which will be recorded for attendees to catch up on. Anything you say or contribute in these sessions will be heard by the group of ladies on the programme.
  • All materials are for your use only please do not share with anyone – if found to be in breach of this requirement by misuse of the content, legal remedy will be taken.

  DISCLAIMER

  By using any part of this website smpoweronline.com, blogs, emails, newsletters, webinars, workshops, presentations or any other services or products, you signify your agreement to the below disclaimer points.

  All the information on the site smpoweronline.com and any/all workshops, presentations, webinars, newsletters, programmes and products are for educational and informational purposes only and not intended to substitute informed medical advice. You should not use this information to diagnose or treat a health problem or condition.

  Always check with your doctor and get confirmation before making any changes to health regime, diet, sleep or fitness.

  Every effort is made to ensure the accuracy of information published on or through our website, emails, blogs, programmes, presentations, workshops and webinars however due to the nature of the health, fitness, nutrition and mindset industry and research, which is constantly evolving over time, we cannot be held responsible for the accuracy of our content on smpoweronline.com or in blogs, emails, newsletters, webinars, workshops, presentations or any other services, products or programmes.

 

TERMS OF SALE OF ONLINE TUITION ETC BY TUTOR, TEACHER, TRAINER, INSTRUCTOR, COACH, MENTOR FOR ADULTS

BACKGROUND:

• These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via email or subscription, is sold by Us to Consumers through this website, https://smpoweronline.com (“Our Site”).
• Terms and information that are specific to accessing sessions of Paid Content presented by a Tutor (as defined below) from or via Our Site using the [Zoom cloud-based web conferencing] [or] [any other form of online delivery] platform are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms of Sale.
• Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a course, programme, workshop or any other form of product or service. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When buying a product, service or subscription before purchasing, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a product, service or subscription and access Paid Content through Our Site.
• All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
• are required by law to give to You before You order a product, service or subscription; or
• voluntarily give to You and You rely on it either when deciding to order a product, service or subscription or when, subsequently, You make any decision about the product, service or subscription.

We give You some of that information before You order a product, service or subscription and some it is set out in these Terms of Sale and the attachment.

• Paid Content is intended for access and use only by a person who is aged 18 or over, and only a person of that age can purchase a product, service or subscription.
• These Terms of Sale, as well as any and all Contracts, are in the English language only.
• These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

1. Definitions and Interpretation
   • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;
“Background Items”	means background and other information or materials relating to or forming part of the tuition, instruction, teaching, coaching, training, or mentoring to be provided, all of which information or materials is downloadable or viewable as text/graphics;
“Consumer”	means an individual customer who purchases any product, service or Subscription to Our services comprising any Paid Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract”	means a contract between Us and You for the purchase of a Product, Service or Subscription for You to access any Paid Content, as explained in Clause 7;
“Paid Content”	means any content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any Background Items or other materials or information, which We offer. The sessions, Background Items and other information or materials are sold by Us through Our Site and made available by Us [[on] [or] [via] Our Site] by means of: [two-way synchronous livestream audio and/or video technology, e.g. Zoom, GoToMeeting, Skype for Business (part of Teams), WebEx;] [asynchronous livestream video and/or audio;] [recorded streamed non downloadable video and/or audio;] and downloadable (or other viewable) text, graphics or other video, audio, or other items or information, including Background Items. Paid Content will be more fully described in other information that We give or make available to You before You order a Product, Service or Subscription. That information may include the name of any Tutor presenting any  content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Tutor(s) who is suitably qualified and experienced;
“Subscription”	means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either: (a)       one or more specific single events or items; and/or (b)      one or more series or collections of two or more specific events or items; and/or (c)       one or more or all types of events or items available on or via Our Site; and (d)      the Background Items. We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription as to which, see sub-Clause 7.4.6). Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;
“Subscription Confirmation”	means Our acceptance and confirmation of Your purchase of a Subscription;
“Subscription ID”	means the reference number for Your Subscription;
“Tutor”	means the tutor, instructor, teacher, coach, mentor, or other individual who presents the Paid Content and/or who interacts with You online during any session of Paid Content;
“We/Us/Our”	means Sarah Matyjasik – SMpower: address is 61 Bridge Street, Kington, HR5 3DJ, United Kingdom.
“You”	means the Consumer who either sets up an Account and/or purchases a Product, Service or Subscription and accesses and uses any Paid Content.

2. Information About Us
   • Our Site, https://smpoweronline.com, is [owned and] operated by Sarah Matyjasik – SMpower address is 61 Bridge Street, Kington, HR53DJ
3. Contacting Us
   • If You wish to contact Us with general questions, You may contact Us by email at sarah@smpoweronline.com.
   • For matters relating to Paid Content or Your Subscription or Account, please contact Us by email at sarah@smpoweronline.com.
   • For matters relating to cancellations, please contact Us by email at sarah@smpoweronline.com, or refer to the relevant Clauses above.
   • To make a complaint, see Clause 15.
4. Age Restriction and Consumers only

Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Subscription through Our Site and access Paid Content.

5. Business Customers

These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or professioncarried on by either them or any other person/organisation.

6. Subscriptions, Paid Content, Pricing and Availability
   • [We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive. [Please note, however, that due to occasional human error, slight differences may occur.]
   • [Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.]
   • We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least one week before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.
   • Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
   • In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You of the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.
   • Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
   • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. [All pricing information is reviewed and updated regularly.] Changes in price will not affect any order for a Subscription that You have already placed.
   • All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Product, Service or Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 48 hours, We will treat Your order as cancelled and notify You of this in writing.
   • If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.
   • If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
7. Orders – How Contracts Are Formed
   • Our Site will guide You through the process of setting up an Account and/or purchasing a Product, Service or Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Product, Service or Subscription, You will be given the opportunity to review Your order for the Product, Service or Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
   • If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
   • No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Product, Service or Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of Your order does not mean that We have accepted it.] Our acceptance is indicated by Us sending You a Product, Service or Subscription Confirmation by email. Only once We have sent You a Product, Service or Subscription Confirmation will there be a legally binding Contract between Us and You.
   • Product, Service or Subscription Confirmations shall contain the following information:
     • Your Subscription ID;
     • Confirmation of the Product, Service or Subscription ordered including full details of the main characteristics of the Product, Service or Subscription and Paid Content available as part of it;
     • Fully itemised pricing for Your Product, Service or Subscription including, where appropriate, taxes, and other additional charges;
     • The duration of Your Product, Service or Subscription (including the start date, and the [expiry] [and][or] [renewal date]);
     • Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;
     • In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed; and
   • In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within one week.
   • Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
   • Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription [unless You specifically request that We make a refund using a different method].
8. Payment for Subscriptions
   • Payment for each Product, Service or Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Product, Service or Subscription Confirmation [(this usually occurs immediately, and You will be shown a message confirming Your payment)].
   • We accept the following methods of payment on Our Site:
     • Stripe payments
   • If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 48 hours of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
   • If You believe that We have charged You an incorrect amount, please contact Us at sarah@smpoweronline.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.
9. Provision of Paid Content
   • We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.
   • All Paid Content within the scope of Your Subscription will be available to You in accordance with sub-Clause 7.4.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

9.2.1     An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.

• If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available by Us to You and/or to others) or by other circumstances. Any such delay will not normally exceed 15 mins.
• When You place an order for a Product, Service or Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You to access immediately or prior the start of the course or event. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”).  Please see sub-Clause 12.1 for more information.
• In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
  • To fix technical problems or to make necessary minor technical changes;
  • To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
  • To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.
• If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). [You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension [(unless the period of suspension is less than 48 hours
• We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 48 hours of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.
• Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
• Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription [unless You specifically request that We make a refund using a different method].

10. Licence
    • When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
    • The licence granted under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
      • You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]

10.2.2    When You use a two-way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it; [and]

11. Problems with the Paid Content
    • We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
      • If the Paid Content has faults, You will be entitled to a repair or a replacement.
      • If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
    • [Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.]
    • If there is a problem with any Paid Content, please contact Us at sarah@smpoweronline.com or visit the contact page on Our Site https://smpoweronline.com/contact-me/
    • Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
    • Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription [unless You specifically request that We make a refund using a different method].
    • For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling Your Subscription
    • If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Product, Service or Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
    • After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
    • If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
    • If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish. Cancellation by email is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:
      • Email: sarah@smpoweronline.com

in each case, providing Us with Your name, address, email address, telephone number and Subscription ID.

• [We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.]
• Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
• Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription [unless You specifically request that We make a refund using a different method].

13. Your Other Rights to End the Contract
    • You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a appropriate partial/full refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.
    • If We have suspended availability of the Paid Content for more than 72 hrs or We have informed You that We are going to suspend availability for more than 72 hrs, You may end the Contract immediately, as described in sub-Clause 9.5.
    • If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately.
    • If We inform You of an error in the price or description of Your Subscription or the Paid Content prior to use and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a partial/full refund depending on circumstances.
    • You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund.
    • Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription [unless You specifically request that We make a refund using a different method].
    • If You wish to exercise Your right to cancel under this Clause 13, You may do so in any way You wish, however for Your convenience contact Us directly to cancel, please use the following details:
      • Email: sarah@smpoweronline.com

in each case, providing Us with Your name, address, email address, telephone number and Subscription ID.

• [We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.]

14. Our Liability to Consumers
    • Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • All our content whether Paid Content or Free content is intended for informational use only. We make no warranty or representation that the Paid Content or Free content is fit for any person specifically it is general information. We will not be liable to You for any loss, ill health, injury, or loss of profit, loss of business, interruption to business, or for any loss of business opportunity. You should NOT use any of the information to diagnose or treat a health problem or condition. Always check with your doctor and get confirmation before making any changes to your health regime, diet, sleep or fitness.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence; or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
    • Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
    • We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).

• Complaints and Feedback
  • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
  • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

15.3.2   [By email, addressed to Sarah Matyjasik – Business Owner at sarah@smpoweronline.com

• How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Policy available from https://smpoweronline.com/privacy-policy/ [and Cookie Policy https://smpoweronline.com/cookie-policy/].

17        Other Important Terms

17.1      We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) 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. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

17.2      [You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.

17.3      The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

17.4      If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

17.5      If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

17.6      We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

• Law and Jurisdiction

18.1      These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of [England & Wales] [Northern Ireland] [Scotland].

18.2     As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

18.3      As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Attachment

 

1. Use of [the Zoom web-conferencing platform] OR [an alternative online conferencing platform]to access tuition, instruction, teaching, coaching, training or mentoring (“the Content”) online

We [only] offer the Content online [as an alternative that You can choose when You and/or the Tutor cannot attend a tuition session in-person for (at Our premises or at Your home) for any reason].

We use technology which allows Us to provide the Content provided that You have the appropriate technology (see below) to receive the Content. For this purpose, We use [the Zoom cloud-based web conferencing platform (“Zoom”)] OR [an alternative online conferencing platform

Where We are to make any of the Content available for You by means of [Zoom] OR [an alternative online conferencing platform] rather than any other platform, it will be on the following basis.

2. The technology that We will be responsible for providing

We will subscribe to [Zoom] or [an alternative online conferencing platform] and will pay any necessary fees to [Zoom] or [an alternative online conferencing platform] to maintain that subscription. It will enable Us to act as “host” and to provide the Content to You over the internet via the [Zoom] or [an alternative online conferencing platform] facility.

To receive or participate in any of the Content via [Zoom] or [an alternative online conferencing platform], You will need to join an online session which is within the scope of Your Subscription. You will not need to pay any fee or charge to use the [Zoom] or [an alternative online conferencing platform] facility or join that session: You will only need to pay for the Content made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any [Zoom] or [an alternative online conferencing platform] App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use [Zoom].

3. The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Content via [Zoom] or [an alternative online conferencing platform].

You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

• An appropriate functioning Device which is adequately charged;
• An up to date [Zoom] or [an alternative online conferencing platform] App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Content;
• Stable, reliable, internet access with adequate speed;
• A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the Tutor;
• Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose, external microphone and/or speakers as reasonably necessary; and
• Exercise/note books, pens, pencils, and any books, materials or equipment that You will need, as advised by Us before You place Your order for a Subscription.

We do not supply or make available the [Zoom] or [an alternative online conferencing platform] platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to You in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of [Zoom] or [an alternative online conferencing platform] as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the [Zoom] or [an alternative online conferencing platform] platform but is instead downloadable directly from a location we make known to you.

4. Scope of what We make available to access

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Content. However, We may, if You request it, either before or during any session of the Content, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable in respect of that damage under sub-Clause 14.3.

We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):

• Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
• Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
• Failure of or defect in the [Zoom] or [an alternative online conferencing platform] platform used by Us or You to make the Content available to You; or
• Your inability to access the Content due to failure of or defects in Our Site etc.
  5. Account setup needed for a subscription

In order to purchase any Subscription and enable You to receive Content in the subscription, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK. If you decide to purchase residing outside the UK any Paid Content or use Free content, you understand that it is at your own risk and that it is intended for UK use and may not be accurate or relevant in other countries.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You [will][may] be asked for additional information regarding Your Account, such as Your e-mail address.

6. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

If You wish to close and delete Your Account, You may do so via the section in the Subscription Site.

7. Your privacy and security on each occasion when Content is accessed

EITHER

[Note that all sessions that You purchase will be accessible only to You as an individual private session.]

OR

[Where any session that You access is two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion You accessing it, it will also be made simultaneously accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to You as an individual private session.

Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:

• When You sign in to [Zoom] or [an alternative online conferencing platform], You should indicate Your first name only since Your name will be visible to Our other customers taking part;
• You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the [Zoom] or [an alternative online conferencing platform] App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
• The space that You use should be free of others and it should be difficult to see or hear via the [Zoom] or [an alternative online conferencing platform] App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
• There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
• We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Our other customers as well as You;
• In any event, it will be Your responsibility to ensure that You have a suitable space to use when participating in any two-way session in order to protect Your privacy and that of others in or near that space.

We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.]

8. Health and Safety

You acknowledge and agree that:

• When You purchase a Subscription, Course or Programme and [at least 48 hours] before You participate in any session,

[We advise You to tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session.]

OR

[You must tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session. We will [discuss with You any such matter that You tell Us, and] inform You if We decide not to accept Your order for a Subscription, Course or Programme because of the particular requirement, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter]; and

(b)       Due to the remote nature of online sessions, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session You fall ill, have an accident or experience any other problem.

9         Tutors, [and professional references]

Please note that:

• We will in Our discretion decide which Tutor to assign to each session. Where a Subscription comprises more than one session, We

EITHER

[may assign different Tutors to different sessions but will endeavour to minimize the changes of Tutor from one session to the next in relation to each Subscription, Course or Programme.]

OR

[will ensure as far as we reasonably able to do so, that We assign the same Tutor to those sessions, and will in any event try to minimize changes of Tutor from one session to the next in relation to each Subscription, Course or Programme.]

• In any event, the Tutor who We assign to any session will be appropriately qualified and/or experienced at the appropriate level for that session and will be competent to conduct that session.
• Details of actual or minimum qualifications or experience of the Tutors who We may or will assign to any session will be available to see on our Site. [Where We are able to and consider it appropriate or helpful to our customers to do so, We include on our Site brief details of Our Tutors current and former relevant roles with other organisations.]

(d)  [If before You purchase any Subscription, Course or Programme, You request Us to provide You with [a] reference[s] for the Tutors who We may or will assign to present the sessions comprised in that Subscription, Course or Programme, We will provide You with [at least] [one] professional reference as to their knowledge of, and ability and experience of the subject [and evidence of their qualifications.]

10        Scope of Our Content

Content offered: We offer tuition, coaching, mentoring in General health and wellbeing including; Nutrition, Fitness, Mindset, Solution Focussed Hypnotherapy, Mental Health and NLP.

Period of sessions: Where a session is a live two-way interactive session, We will provide individual tuition for You for a period of 60 minutes (or any other period that We agree with You when You purchase a Subscription, Course or Programme).

[Trial session: Where You have not previously received any live two-way interactive tuition from Us for the relevant subject, We may agree to provide a single live two-way interactive session as a trial for a period of up to 30 minutes so that You can decide whether to continue with further sessions with Us in that subject.]

Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any preparation or other tasks or work done or activity engaged in by You set or suggested by the Tutor, and Your aptitude.

Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about as a result of You taking part in or viewing any session(s).

Attendance: If You are not available for a session for any reason it is solely Your responsibility to ensure that You make up for that missed session by purchasing an additional session if necessary.

Punctuality: We expect You to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time.

Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions, but We cannot provide such materials or items for You.

Practise/Homework/Tasks/Assignments: We [may] give You at the end of a session a [practise] or [homework] assignment or tasks to carry out, and You should complete it/them prior to Your next session. [It is best if You have a quiet place to [practice][study][carry out tasks][work on any assignment] without interruption.]

Our commitment, amount of tuition needed: We agree to teach You at the agreed times and days. It is not possible to determine at the outset how much tuition, coaching or mentoring Youwill require. [We may recommend additional opportunities to help with Your [learning] and [development] such as relevant workshops run by third parties where We are aware of such opportunities.]

• Your Commitment

Preparation for each session: You should attend each session prepared by completing any assignment, work, tasks set for You at the previous session. Adequate preparation for sessions is more likely to result in satisfactory progress. [If you require guidance with an assignment or tasks between sessions, We are [usually] contactable by email/phone and [may be] able to provide some help remotely.]

[Records: You should provide and maintain your programme workbook in which You can make notes, setting out any information useful or necessary to You when studying, practising or carrying out any tasks or assignments.

Provision of items by You

We are not responsible for obtaining or providing any equipment, materials items for You but We [may] recommend to You equipment, materials or items that You might need, and You should adopt any recommendation that We make to You as to equipment, materials or items that You should obtain/use.

• Attribution

These Terms of Sale have been created using a document template from www.simply-docs.co.uk.