Terms & Conditions

TERMS AND CONDITIONS

Last updated [15^th October 2020]

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Pursuit of Wisdom Coaching (“we,” “us” or “our”), concerning your access to and use of the www.pursuitofwisdomcoaching.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary.

(3) you have the legal capacity and you agree to comply with these Terms and Conditions;

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [posted on the Site]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

CONTRIBUTING AND INTERACTING

Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation. In addition, any contribution or interaction must not include any material which (without limitation):

§ is defamatory, obscene, offensive, hateful or inflammatory;

§ is, or refers to material which is, sexually explicit;

§ promotes violence, illegal activity or any form of discrimination;

§ infringes any other person’s copyright, database right or trade mark;

§ threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;

§ advocates, promotes or assists any illegal activity;

§ is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);

§ invades another’s privacy or cause inconvenience or anxiety to any person;

§ is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

§ gives the impression that the material emanates from us, if this is not the case.

Marketing communications

You will receive marketing communications from us if you have:

§ requested information from us or purchased goods or services from us; or

§ if you provided us with your details and ticked the box at the point of entry of your details for us to send you marketing communications; and

§ in each case, you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us if at any time. Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Pursuit of Wisdom Coaching

Dunadd, Pier Road, Rhu

Argyll and Bute

Scotland

G84 8LH

01436 821 872

lorna@pursuitofwisdomcoaching.com Jac@pursuitofwisdomcoaching.com

Copyright Notice

We are the owner of all intellectual property rights on our website, and in the material published on it. These works are protected by copyright laws and treaties around the world. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to view this website and the material on this website on a computer or mobile device via a web browser, to copy and store this website and the material on this website in your web browser cache memory and to print pages from this website for your own personal and non-commercial use.

You may not reproduce in any format (including on another website) any part of our website (including content, images, designs, look and feel) without our prior written consent.

Other than the above, we do not grant you any other rights in relation to this website or the material on this website and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

Terms and Conditions of Business

Please read these terms and conditions carefully before placing an order. By purchasing services and/or products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.

CHANGES TO TERMS

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes. Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase. If the revised terms apply to any existing provision of services, we will notify you of the changes.

PRIVACY POLICY AND ACCEPTABLE USE POLICY

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please refer to our Privacy Policy.

AGE RESTRICTION

You shall not purchase any services or products from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

ACCEPTANCE OF ORDER

These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email confirmation, or when we contact you to confirm that we can provide the services or products to you. We are not bound by the order unless we accept it in writing.

ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

PROVISION OF SERVICES

We will supply the services to you from the date set out in the order.

We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.

We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause, but this does not affect your obligation to pay for any invoices we have already sent you.

If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this.

IF THERE IS A PROBLEM WITH THE PRODUCT OR SERVICES

In the unlikely event that there is any defect with the services:

please contact us and tell us as soon as reasonably possible;

please give us a reasonable opportunity to repair or fix any defect; and

we will use every effort to repair or fix the defect within 28 days.

As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:

a) we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;

b) we go into liquidation or a receiver or an administrator is appointed over our assets;

c) we change these Terms to your material disadvantage;

d) we are affected by an Event Outside Our Control.

PROVISION OF PRODUCTS

10.1 Your legal right to cancel a Contract in relation to the purchase of products starts from the date of purchase.

You may cancel the Contract 14 days after the day on which you received the Product, you may cancel the Contract 14 days after the day on which you receive the first delivery of the products.

If you cancel your Contract we will:

a) refund you the price you paid for the products after deducting any reduction in the value of the products that has been caused by your handling them in an unacceptable manner.

b) refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you notify us that you intend to cancel the Contract.

10.3 If you have returned the product because it is faulty or mis-described, we will refund the price of the product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

10.4 Refunds will be made to you on the credit card or debit card used by you to pay.

10.5 If a product has been delivered to you prior to your decision to cancel your Contract:

a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the product from you, we will collect the product from the address to which it was delivered;

b) you will be responsible for the cost of returning the product to us except where the product is faulty or not as described. If the product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, you will be charged with the direct cost to us of collection.

As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

DELIVERY

11.1 We will let you know the estimated delivery date which will be within 30 days after the date of the purchase. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause XXXX below.

If no one is available at your address to take delivery, we will leave you a note to rearrange delivery or leave it in the safe place that you have indicated.

Delivery of an Order shall be deemed to be completed when:

(i) we deliver the product to the address given by you;

(ii) we deliver the product directly to you; or

(iii) a carrier organised by you to collect the product from us collects the product from us and you will be responsible for the product from that time.

Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the product.

If we fail to deliver the product within 30 days, then you may cancel your Order straight away if any of the following applies to you:

a) we have refused to deliver the product;

b) delivery within the delivery deadline was essential considering relevant circumstances; or

c) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so under clause XXXX, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.

12. DIGITAL PRODUCTS

12.1 In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into.

12.2 Notwithstanding clause 12.1, you 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 clause 12.1 and you acknowledge that you will lose your cancellation rights.

13. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

13.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:

a) we will promptly contact you to let you know;

b) if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;

c) where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.

13.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

13.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if: you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.

14. INTERNATIONAL DELIVERY

14.1 Delivery of products to International Delivery Destinations will be subject to applicable import duties and taxes payable by you. Prior to placing an order you should contact your local customs office for information on this.

14.2 You agree to comply by all applicable laws of country to which products are delivered and we shall not be liable for any such violations.

PRICE AND PAYMENT

Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

Delivery cost of any products is not included in the price specified for a product. It will be added to the due amount.

Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

Payment for services is to be made in advance by credit card, debit card or PayPal except where agreed otherwise in writing between us.

LIMITATION OF LIABILITY

We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

CIRCUMSTANCES BEYOND OUR CONTROL

If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms: you will be notified as soon as reasonably possible; and

the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date for any products ordered is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights.

NOTICE

Any notice to us should be in writing and sent to us by e-mail or by post to Dunadd, Pier Road Rhu, G84 8LH, lorna@pursuitofwisdomcoaching.com or jac@pursuitofwisdomcoaching.com