In this Agreement “we”, “our”, or “us” shall mean Sarah Wilde trading as Beyond Insomnia.
Please read the Terms and Conditions carefully before you start using our Website or engaging our services because by using our Website or engaging our services you must be over 18 years of age and agree to these Terms and Conditions.
2. Changes to Terms and Conditions and Website
We reserve the right to update the Website and these Terms and Conditions from time to time at our discretion. Your continued use of the Website or engagement of our services following the publishing of updated Terms and Conditions means that you agree to all such changes.
3. Accessing the Website, Security and Privacy
We cannot guarantee that the Website will be accessible or functional at all times. We shall not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
It is a condition of your use of the Website or any coaching services provided by us that all the information you provide is correct, current and complete.
4. Intellectual Property Rights
The Website and its original Content, look and feel, features and functionality are owned by us and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself.
For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms and Conditions, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing licence grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms and Conditions. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and can lead to termination of our services.
5. User Contributions
Our Website contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
• Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
• Not be likely to deceive any person.
• Not promote any illegal activity, or advocate, promote or assist any unlawful act.
• Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
• Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Not give the impression that they emanate from us or any other person or entity, if this is not the case.
6. Copyright Infringement
We do not review any material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold us harmless from any claims resulting from any action taken by us during or as a result of its investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.
7. Warranties, Limitations of Liability and Indemnification
Your use of our Website is at your sole risk. The service is provided “as is” and “as available”. We make no warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
8. We Do Not Provide Medical Advice
The content of this Website and any product or service offered on this website is provided for informational and educational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, disorder, or medical condition. It should never replace any advice given to you by your doctor or physician or any other licensed healthcare provider. We offer coaching services only and do not provide therapy, counselling, medical advice, or medical treatment.
9. Coaching Agreement
If you choose to undertake coaching with us you agree to the following terms:
a. You understand that coaching is a broadly inclusive process that may include different areas of your life including and not limited to health, professional or family relationships and work. You acknowledge that it is your decision, choice, and responsibility to determine how to utilize information in these areas in coaching sessions.
b. You understand and agree that you are responsible for your physical, mental and emotional well-being during your coaching sessions and any interaction in conjunction with them however delivered. Any choices you make or injuries that you incur from recommendations made during your coaching sessions are fully your responsibility.
c. TAKING BREAKS, TERMINATION and CANCELLATION: You agree and understand we or you can terminate or discontinue coaching at any time. If you need to cancel or change the time of a coaching session you must give a minimum of 48 hours’ notice in order to not to be charged for the session. With advance notice of more than 48 hours you will not be charged and you will make every effort to reschedule.
d. CONFIDENTIALITY: You agree that you consent to use emails to sometimes transmit sensitive information. You acknowledge the risks involved and waive any rights against us for errors made in these transmissions.
e. NON-DISCLOSURE and INTELLECTUAL PROPERTY: You understand that the methodology, coaching techniques and strategies used, as well as assignments, documents or emails are proprietary and you understand that and agree that they may not be used for any other purposes other than your coaching sessions without written consent from us. You understand that information is held as confidential to fulfil your coaching obligations and as required by law.
f. COACHING: You understand that coaching is intended for individuals who want to take action and make behaviour changes in the service of their goals for life, health, well-being or work. Coaching does not involve the diagnosis or treatment of physical or mental disorders and you will not use it in place of any other diagnosis, therapy or treatment for other advice given you by medical or other qualified professionals. It is clear that coaching may not be appropriate for all people.
g. LIABILITY: Total liability under this coaching agreement shall be limited to the total amount actually paid by you to us. In no event shall we be liable for any consequential or indirect damages alleged to result from our performance or obligations under this agreement. You understand, acknowledge and agree that limited liability is a fundamental part of this agreement. The fees charged in this coaching agreement reflect the risk agreed upon by both client and us.
10. Refund Policy
No refunds shall be due to the client for coaching sessions undertaken.
Any refund due shall be limited to the price paid less any cancellation charge (see clause 9(c) above). No additional refund will be made for transaction fees including but not limited to currency conversion fees interest payments or any other fees that may have been incurred when purchasing from us.
11. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Us and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
12. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.