The Online Coaching Tools Programme For Financial Professionals Terms and Conditions
Financial Coaching Practice Programme - Stage 2
These terms and conditions ("Terms”) apply to the delivery of the THE FINANCIAL COACHING TOOLS PROGRAMME (“the Programme”) by The Money Panel ( “the Provider”, “We”, “Us”, “Our”) a company registered in England and Wales under company number 10267198, whose registered office is at 123 Harvey Drive, John Wilson Industrial estate, Whitstable, CT5 3QY (“the Company”) to you, the person or entity purchasing the Programme (“the Client”, “You”).
By signing this Agreement, you are agreeing to abide by these Terms, as set out below.
Introduction
These Terms, along with our Privacy Notice and Website Terms of Use (which can be viewed at www.themoneypanel.co.uk) represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous course of dealings. These Terms shall take priority over any other documents in the event a conflict arises.
By purchasing the Programme and accepting these Terms you are agreeing that you are over 18. The Programme is not intended for use by anyone under the age of 18.
1. Definition and Interpretation
1.1. For the purposes of this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
Client means an individual who has purchased and/or is accessing the Programme;
Client Content means any comments, information, content, photographs or graphics provided to us by a Client;
Confidential Information means any ideas, know-how, business practices, customer/client details, personal data, materials, coaching tools, content, data, software, documents, resources, video and audio recordings, presentations, downloads, podcasts, workbooks, methods, concepts and techniques, systems, plans, trade secrets, and other confidential and/or proprietary information;
Content means any materials, information, tools, videos, resources, data and other content;
Programme Fee means the total cost of the Programme excluding any additional administration costs or reassessment costs.
Method means the Money Narratives Clearing ® method created, developed and owned by us which will be delivered as part of the Programme;
Private Group means any private online area, the membership area or private group including any private Facebook group and What’s app group, where applicable;
Programme means the Online Coaching Tools Programme which is a coaching, teaching and mentoring support programme;
Intellectual Property means any copyright, database right, design right, patent, registered design, service mark, trademark and any application for any of the above whether current or pending and whether in the UK or any other part of the world;
Personal Data means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679;
Services means the services which a Client purchasing the Programme will have access to, as set out in Schedule 1;
Sessions means any training session provided as part of the Services.
2. The Programme
2.1. The details of the Services included as part of the Programme are set out in Schedule 1 attached to these Terms.
2.2. When you purchase the Programme you may be offered complimentary additional services or bonus offers. All additional or bonus services are limited in number and availability and are offered at our discretion. We reserve our rights to change, amend or withdraw any additional or bonus services at any time, without notice. A full description of any applicable additional or bonus services will be provided to you via email. It is your responsibility to check the content of your email and ensure you are happy with any additional or bonus services offered.
2.3. The Programme will be delivered virtually using online platforms and systems and/or remote communication only and no alternative will be provided.
2.4. Any information, Content, support, materials or guidance we provide as part of the Services is intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise and it does not constitute legal, medical or financial advice. Should you require personal or one-to-one support, or feel that you require further contact or support from us which is over and above the support provided to you as part of the Programme, then a further agreement will need to be arranged and separate terms and payment agreed.
2.5 Should an unforeseen or unexpected event arise that limits or prevents delivery of the Programme, then we will notify you via email. We shall not be liable to you for any delivery failure or delay which is caused by circumstances beyond our reasonable control. In the event an unforeseen or unexpected event arises and continues for longer than 3 months, then either of us will be entitled to terminate our arrangement by providing the other with 14 days’ notice in writing. This does not affect any other right to terminate as set out within these Terms and any relevant pro-rated refund will be at our discretion having regard to the length of any delay and the extent of the Programme and Services already delivered.
2.6 As part of your access to the Programme, you will have access to a private area within our online learning platform and be required to set up an account. It shall be your responsibility to provide the correct information to create your account and to keep your password or any other access information private, safe and secure. You should not share your password or access details with anyone else and you are responsible for notifying us should you become aware of, or suspect that a third party is aware of your password or access details.
2.6 In some circumstances it may be necessary for us to make amendments, revisions or changes to the Programme, or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure that the Programme and Services still match the original description, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to the Programme or included Services.
3. Accessing Programme Services
3.1. All Content and materials will be available within our online learning platform. You will be provided with access details in your welcome email.
3.2. Where we offer any live interactive group sessions then details will be provided to you via email and within the training portal you will be responsible for attending at the date and time indicated. No replays or refunds will apply if you are unable to attend.
3.4 It is important to us to ensure that all Clients accessing the Programme feel safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when using and accessing the Programme and Services and not to act in a manner which may cause offence, distress or alarm to any other Client.
3.5. When you use or access the Programme or any Private Group you agree:
3.5.1. not to make any recording for your personal use or otherwise; and
3.5.2. not to share information, whether expressed to be confidential or not, that is shared by another Client; and
3.5.3. not to capture or share images of any other Client or that include any other Client without that Client’s express permission; and
3.5.4. not to use any Private Group or area for any unlawful purpose; and
3.5.5. that when accessing any Private Group that you will not upload, post, transmit or otherwise make available content that:
a)is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not; or
b) discloses personal and/or confidential or sensitive information about another person; or
c)is threatening or causes us or a Client to feel harassed or in fear; and/or
d)is classed as spam.
3.6. Should you become aware of any inappropriate behaviour, comments or content being shown or displayed within any of our Private Groups or during the delivery of any aspect of the Programme then you agree to notify us as soon as possible.
4. Your Obligations
4.1. When you purchase any of our Services, you are agreeing that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2. You accept that provision of the Programme is personal to you and should not be shared with anyone else and you agree that you will not transfer, or seek to transfer, your rights under these Terms to any other person without our prior written consent.
4.3 The Services provided as part of the Programme are designed to provide you with information, tools, materials and skills to support you in developing yourself and developing your business, they are not a substitute for psychological therapy, counselling or other therapy services and we are not medical or health practitioners. If you are currently seeking medical or other professional help concerning your mental health, or if you are unsure as to your mental capacity to participate in the Programme, then you should seek advice from a relevant medical professional and inform us if appropriate and relevant. You will, at all times, remain responsible for notifying us of any medical reason why you should not engage with this Programme.
4.4. During your use and access to the Programme you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Programme you are confirming that you are mentally well enough to do so and that you understand that you are personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your access to the Programme and we reserve the right to terminate your access to them where we have concerns as to your suitability to safely use them.
4.5. As part of your participation in the Programme, you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Programme.
6. Certificate of completion
6.1. As part of the Programme you will receive a CPD certificate at the end of the programme for your learning time
In order to receive this certificate, you will be required to undertake certain activities, and assessments to demonstrate your competency.
6.2. The certification assessment criteria is as follows:
6.2.1. Successful completion of all online module units and associated competency tasks; and
6.2.2. Attendance at 1 x Fast Track practical coaching Live session held on zoom.
7. Completion as ‘Certified Financial Coach ®’ (CeFC)
7.1. As part of the Programme you will be offered the opportunity to be certified as a Certified Financial Coach ® (“CeFC”). In order to become a CeFC you will be required to undertake certain activities and assessments to demonstrate your competency.
7.2. The method of assessment is a combination of evidence of vocational experience and a professional assessment interview.
7.3 The decision to certify you as a CeFC shall be at the discretion of The Money Coaching Panel. Certification as a CeFC is awarded to those coaches who can demonstrate that they have attained the knowledge and skills required by The Money Coaching Panel as detailed in their terms and conditions.
7.4 We make no guarantee that you will successfully achieve the certification of CeFC. Any appeals concerning our decision should be made in writing and emailed to hello@themoneypanel.co.uk
7.5. No refunds will be provided where a decision is made not to provide you with the CeFC certification, although The Money Coaching Panel may offer the opportunity to retake the assessment or certain elements of the Programme again at no extra cost if you have fully complied with the Programme, attended all relevant sessions and have completed all assessments, any such decision will be at their absolute discretion.
7. Compliance with ethical and professional standards
7.1. As part of your access to the Programme you will have the opportunity to learn, develop and experience powerful tools and techniques. When learning and using these tools you agree to use them responsibly and ethically.
7.2. Should we determine that, in our reasonable opinion, you have acted in a way which is in breach of any relevant ethical guidelines then we shall be entitled to revoke your certification and terminate your access to the Programme, without refund.
7.3. You shall be responsible for ensuring that you comply with all rules, regulations and codes of conduct that apply to your work as a coach or any services that you deliver or intend to deliver.
7.4. You shall be responsible for ensuring that you have in place adequate insurance to cover any and all services that you provide.
7.5. Following your successful completion of the Programme you will be provided with the opportunity to continue learning with us towards certification as a Certified Financial Coach ® (“CeFC”) in our Financial Coach Practice Programme for which an additional investment is required. Further details of this next stage are available from hello@themoneypanel.co.uk on request.
9. Fees and Charges
9.1 The cost for the Programme (“the Fee”) is as set out in Schedule 1. The Fee is inclusive of any value-added taxes and you will be responsible for payment of applicable VAT in addition to payment of the Fee.
9.2 The Fee shall be paid by you in GBP or in the currency of your chosen country by Stripe.
9.3 Where we agree to accept payment by instalments, then you must pay the instalments in accordance with the instalment plan agreed at the time of your purchase of the Programme. Each instalment received shall be credited to the outstanding amount of the Fee owed by you until we have received payment of the Fee in full. You agree and acknowledge that you are liable to provide full payment of the Fee notwithstanding any instalment plan that may be agreed between us and that you will remain responsible for payment of the entire Fee, despite any cancellation, lack of usage of the Programme or other circumstance arising, until the Fee has been paid in full or we agree otherwise. Your entitlement to continued access to the Programme arises only upon full payment of the Fee. Where any payment of the Fee or any instalment of the Fee is outstanding, then we reserve the right to terminate your access to the Programme in accordance with these Terms
9.4 Time for payment of the Fee or any instalment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment of the Fee, or the first instalment of the Fee, must be received by us before you are entitled to access the Programme.
9.5 Where you wish to make payment of the Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Programme then you agree to be responsible for payment of the Fee within 7 days from access to the Programme being provided.
Payment of the Fee and any deposit is non-refundable unless we cancel delivery of the Programme or your individual access to the Programme (as set out in clause 12.2), in which case you shall be entitled to a partial refund calculated on a pro-rata basis having regard to the proportion of the Programme which you have paid for but have not yet received or you cancel access to the Programme in accordance with your consumer rights, see further below.
In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Services then you agree to notify us in accordance with this Agreement. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
10. Late Payment
10.1If payment of the Fee or any instalment of the Fee is beyond 7 days overdue, then we shall be entitled to any or all of the following remedies:
10.2.1 to withhold delivery of the Programme or access to any Services including sessions, Group or resources until payment has been made in respect of the outstanding amount;
10.2.2 to apply a fixed sum charge in the sum of £99 to your account;
10.2.3 to apply interest to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. Interest will be calculated on the outstanding Fee at a rate of 8% over the Bank of England’s base rate from time to time.
10.2.4 to remove you from any groups, private areas, or similar resources which have been provided as part of the Programme.
10.3 In the event your account is beyond 30 days overdue we shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with any late payment fee and any accrued costs incurred in taking such action.
11. No Guarantee
11.1 You agree and understand that your use of and access to the Programme does not guarantee any particular benefit, results, or success whether financial or otherwise. During delivery of the Programme, we will provide you with access to information, resources and support all designed to benefit you, but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on individual factors which are personal to you such as your experience, dedication and effort, all of which are outside of our control and we are not able to guarantee that you will achieve any particular benefit, results or success.
We have made every effort to accurately represent the Programme and the included Services. Any testimonials and/or examples of results achieved or previous Clients’ experiences, including the potential to achieve specific financial results are not intended to represent or guarantee that you will achieve the same or similar results or experience. Any reference to earnings or income is an estimate only and not a guarantee that you will achieve any particular level of income or any financial results at all. Any examples of past achievements, including financial results, do not indicate, suggest or guarantee that the same is possible in the future. We make no guarantees as to the results you may achieve and your individual success, results and your experience will depend on many factors, including your background and experience, dedication and effort and your individual desire and motivation all of which are outside of our control and on this basis, we make no guarantee, representation or warranty with respect to the Programme or the Services provided.
Any information or content provided on our Website or provided to you during delivery of the Programme is not intended to constitute advice and should not be relied upon when making any decisions or taking any action.
You accept that starting, building and managing a business involves time, effort and resources and there are inherent risks which could affect your experience and your results. Your experience, your results and your earning potential is entirely dependent on you and whilst we can provide resources to support you, we are not responsible for any outcomes or results.
12.Cancellation and Termination
12.1 Our Agreement will begin once signed and will continue until the Programme and Services have been delivered or it is terminated in accordance with these Terms. You may end this Agreement by providing us with 14 days’ notice. Please note that as this is an instant access programme, no refunds apply and you will be liable for full payment of the Fee, despite any notice of cancellation. You can provide notice to us by email to hello@themoneypanel.co.uk
12.3 We shall be entitled to limit your access to the Programme or suspend, and/or terminate this Agreement with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that:
12.3.1. you have committed a material breach of any of your obligations under this Agreement; or
12.3.2. you have failed to provide payment of any sum due to us as and when it becomes due; or
12.3.3. you have become subject to a bankruptcy or similar financial order or proceedings; or
12.3.4. you enter into an insolvency arrangement or are otherwise unable to pay your debts; or
12.3.5. you cease trading or an administration or similar financial order is made; or
12.3.6. you have acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation or
12.3.7. you have failed to positively engage with the Programme or impaired the delivery of the Programme to you or a Client or
12.3.8. you have acted in a way which is abusive or is intended to cause offence to us or a Client and/or
12.3.9. you have failed to abide by any term of this Agreement or any other guidance we may provide whether such action constitutes a material breach or not.
12.4. Upon termination of this Agreement for any reason:
12.4.1. your access to the Programme and all Services, any private social media accounts, any Content, any Private Groups and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access; and
12.4.2. any Fee or other monies owed by you to us will become immediately due and payable; and
12.4.3. any provision of these Terms which either expressly or by their nature relate to the period of time after termination and/or the Programme has been delivered, shall remain in full force and effect; and
12.4.4. you shall cease to use, either directly or indirectly any Content, our Method or any Confidential Information belonging to us, or provided by us to you and shall immediately return to us or destroy any copies in your possession or control.
12.5 Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.
13.Complaints or Concerns
13.1. We want you to be entirely happy with your purchase. In the event you have any concerns, you agree to let us know by email to hello@themoneypanel.co.uk and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.
14. Confidentiality and Intellectual Property
14.1. The protection of confidentiality is very important to us that is why when you disclose or share any information it will be kept strictly confidential.
Where any information is disclosed to you, or where it is disclosed by a Client you agree that the information belongs solely and exclusively to the person disclosing it, and that you will keep it strictly confidential and not:
disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;
use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
The obligations above exclude any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.
14.4 When you purchase the Programme, you may be provided with access to our Content and our Method. You accept that we are the owner or licensee of all Intellectual Property Rights and any other rights existing in the Content and our Method and that it can only be used for your personal use in connection with your access to and use of the Programme and it should not be shared, copied, disclosed, reproduced, published or made available to a third party whether or not for commercial reasons without our express consent. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in any Content or our Method to you and you may not use any of our Intellectual Property Rights including but not limited to our trademarks, business names, domain names and any logos without our prior written consent.
14.3. As part of your purchase of the Programme we will grant you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use our Content and our Method on the following terms only:
14.3.1. as part of any one-to-one or group private work that you undertake subject to you have in place strict terms and conditions to protect the use of our Content and Method from any infringement by your clients or other third parties;
14.3.2. as part of any private group work you undertake subject to you ensuring that you clearly reference us as authors and creators of the Content and/or our Method and on the basis, you have in place strict terms and conditions to protect the use of our Content and our Method from any infringement by your clients or other third parties;
14.3.3. for your private and personal use;
14.3.4. as part of your use of the Programme for the purposes as intended by these Terms. Your licence becomes valid upon full payment of all relevant Fees, payments and any other monies owing to us and we have the right to withdraw it at any time, without notice where we reasonably believe you are in breach of the terms of the licence or any provision of these Terms.
14.4. You shall not use our Content, our Method (where applicable), or any of our Confidential Information or Intellectual Property for any other purposes including but not limited to:
14.4.1. Teaching or presenting the Method to your clients or other third parties; or
14.4.2. as part of your own business or training courses or to create a system, method or training course; or
14.4.3. in any lectures, seminars, workshops, webinars, presentations or similar; or
14.4.4. as if the Method or Content was created or produced by you; or
14.4.5. for any other purpose without our express consent in writing;
14.5. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing within these Terms shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
14.6. When you purchase the Programme you agree and undertake that from the date of this Agreement that you SHALL NOT:
14.6.1. copy, reproduce, sell, license, share or distribute any of our Content or our Method, whether during the period of your access to the Programme, or at any time thereafter;
14.6.2. record any webinars, online or in-person events, videos, sessions or any Content or information relating to the Method;
14.6.3. infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights or any such rights belonging to a Client.
14.7. In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to the Content and the Method) then:
14.7.1. you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;
14.7.2. you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our Intellectual Property and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and
14.7.3. you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 14.
14.8. The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.
15. Your Personal Information
15.1. Any personal information you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your personal Information to the extent reasonably required to enable proper delivery of the Programme and shall retain it only for as long as reasonably necessary to allow us to complete and deliver the Programme and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal Information please refer to our privacy notice which can be found at www.themoneypanel.co.uk
15.3. As part of the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By purchasing the Programme and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at hello@themoneypanel.co.uk
15.4 Where you engage in any interactive Sessions these may be recorded for internal compliance and training purposes. Recorded Sessions may also be uploaded to our online training platforms and used or accessed by future Clients and users of our Programme or services. By purchasing this Programme and accepting these Terms you are providing your consent for your image and any recordings containing your voice and likeness to be used. If you wish to revoke or amend your consent, you can email us at hello@themoneypanel.co.uk.
15.4. Our obligations above and as set out in clause 14 , shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to this Agreement), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.
16. Consumer rights
16.1 This clause 16 only applies if:
16.1.1 you are purchasing the Programme as a consumer (which means acting for purposes that are wholly or mainly outside of your trade, business, craft or profession);
16.1.2 the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’) apply to the Agreement between you and us; and
16.1.3 this Agreement between us is a “distance contract” or an “off premises” contract (as defined in the Regulations).
16.2 This clause applies in addition to, and without prejudice to, your rights to end our arrangement pursuant to clauses 12.1. In accordance with the Regulations, you may cancel the Arrangement between you and us within the statutory cancellation period of 14 days that begins on the day after your purchase of the Programme is made. You will lose your statutory right to cancel after the expiry of this period but you may still end our arrangement in accordance with clause 12.1
16.3 To exercise your right to cancel pursuant to this clause 16 you must contact us in writing by email at hello@themoneypanel.co.uk before the 14 day period has expired.
16.4 Please note that our Programme contains digital content which is available for immediate access. On this basis should you wish to access the Programme materials immediately following the successful payment of the Fee then you will lose your right to cancel under this Clause 16. In order to access the Programme within the 14 days following payment of the Fee you must provide us with confirmation that you acknowledge your right to cancel will be lost and that you wish to proceed.
17.. Non-solicitation and non-competition
17.1. For the duration of your access to the Programme and for a period of 12 months afterwards you agree NOT to:
17.1.1. canvass, promote or advertise your products or services to any of our Clients, employees, contractors, or any individual who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Programme to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;
17.1.2. solicit or attempt to solicit any of our Clients or Prospective Clients without our express consent, such consent not to be unreasonably withheld;
17.1.3. employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.
17.2. You acknowledge and agree that nothing in these Terms shall prohibit you from providing coaching services to third parties or otherwise engaging in your normal business activities, but you agree that you will not, for a period of 24 months starting from the date of this Agreement, without our written consent, be in any way directly or indirectly engaged or concerned in any business or undertaking where it is or is likely to be in conflict with our business interests or the Services we provide.
17.3. For the purposes of this Clause 17, a conflict of interest is deemed to include, without limitation, the creation of or development of a business providing the same or similar Services, or being engaged in any way with a business delivering services which are the same as or similar to the services that we provide.
18. Reviews and Testimonials
18.1. If you choose to share Client Content with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
18.2. When sharing Client Content, you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
18.3. If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
18.4. These provisions shall survive termination.
19. Liability
When you purchase the Programme, you acknowledge and agree that:
these Terms do not constitute or imply any business relationship other than as set out within; and
any information, support and guidance provided will not be personal to you and should not be taken or relied upon as advice, guidance or information personal to you; and
you have not relied on any statement, promise, warranty or representation made or given by or on our behalf.
19.2 We do not warrant or guarantee that your access to the Programme will be:
19.2.1 accessible via your particular hardware or software;
19.2.2 free from interruptions or errors;
19.2.3 free from defects;
19.2.4 suitable for your particular business situation or circumstances.
19.3 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
19.3.1 any indirect, consequential or special damages, losses or costs;
19.3.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
19.3.3 any failure to deliver the Programme where we are prevented due to a reason beyond our reasonable control; or
19.3.4 any losses arising from your choice to purchase the Programme or your use of the Programme once delivered.
19.4 In the event you incur damages as a result of our default or breach of these Terms, our entire liability is limited to the amount of the Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 17.4 is fair and reasonable given the nature of this Agreement and the provision of the Programme.
19.5 Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
19.6 During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
19.7 In the event a dispute arises in connection with these Terms and the provision of the Programme which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either Party shall be at liberty to commence legal action.
20. General
20.1 The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).
20.2 In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
20.3 We shall be entitled to transfer any of our rights and obligations under these Terms at any time without notice to you.
20.4 Where we deem it necessary to vary or modify these Terms (other than the Fee) then we shall notify you of any changes by email and your continued use of the Programme and/or the Services will be deemed as your acceptance of any changes.
20.5 These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
20.6 Save as provided for in clause 19.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply.
20.7. You confirm that your signature, and/or electronic signature indicates your full understanding and agreement with the information outlined above.
Schedule 1 :
The Online Coaching Tools Programme For Financial Professionals - stage 2
1. Programme Services:
The Programme is designed to help you help your clients to change their financial behaviours and develop a healthy relationship with money. Subject to the payment terms being met, the Programme shall be delivered as follows:
5 hour LIVE practice group session to develop your confidence and provide feedback on your skills.
Facilitated online using Zoom, you will be assigned to a group of 3 other financial professionals to practice all the tools acquired in stage 1 with other students and some of our graduate coaches who have completed their certification.
You will then complete our graduation process to gain your certification as a Certified Financial Coach (CeFC).
This Certification is CPD accredited by the CISI.
Access to the Portal members area with lifetime access to recordings. Lifetime being the lifetime of the business.
Access to email support 9am – 5pm Monday to Friday for the period of the Programme
For the purposes of this Agreement, lifetime access shall mean the period during which the Programme are available for purchase through our Website and the lifetime of the business.
2. The Online Coaching Tools Programme Fee - Stage 2
The Programme Fee payable by you to us for access to the Programme is £1997 + VAT upfront or £732 + VAT on the payment plan over 3 consecutive monthly payments .
Payment must be made via Stripe. You are responsible for checking any terms and conditions relating to the way Stripe will process your payment and any personal data you provide to them.
In accordance with these Terms, when you purchase the Programme you are agreeing to provide full payment of the Programme Fee and if you choose to provide payment of the Programme Fee by instalments you will remain responsible for payment of the Programme Fee until it is paid in full.