Trading terms and conditions of Emma Gaywood
At June 2019
These terms and conditions regulate the business relationship between you and I. When you buy from me, you agree to be bound by them.
No person under the age of 18 years may purchase Services. If you are under 18, please ask your parent or legal guardian for assistance.
I am: Emma Gaywood
My registered address is: PRIVATE
You are: a visitor to My Website / My client
The terms and conditions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“My Website” means the entire computing hardware and software installation that is or supports My Website.
“Services” means any of the services I offer for sale on My Website and include generally available updates and support services so far as specified for each service.
“Content” means any material in any form published on My Website by me or any third party with my consent.
“Material” means Content of any sort posted by you on My Website
2. My contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to My Website; and
2.2 in any event to you as a buyer or prospective buyer of My Services.
2.3 Once we have agreed a mutually convenient appointment, please proceed to you use the PayPal link to pay for the service you require.
2.4 I shall accept your payment and confirm your appointment by e-mail confirmation. That is when my contract is made.
2.5 I may change these terms from time to time. The terms that apply to you are those posted here on My Website on the day you order Services.
2.6 If in future, you buy Services from me under any arrangement which does not involve your payment via My Website, these terms still apply so far as they can be applied.
2.7 If a change I make in the provision of the Services, involves action on your part, and you do not take that action, I am entitled to terminate the Services to you without notice.
You may not share or allow others to use the Services in your name.
3. Payment and appointment confirmation
3.1 For 60 Minute Sessions, you will be taken to a third party website to complete your payment, booklikeaboss.com
3.2 For subscriptions to the Magic You Membership, you will be directed to PayPal to complete the subscription process.
3.3 For all other services and programmes, please contact me to arrange booking and payment. You can email me at email@example.com.
3.4 Payment for all other services are requested either via direct payment to a business for Emma Gaywood.
3.5 You will be sent a link for payment for the longer term programmes once dates are agreed between us.
3.6 Upon receipt of payment or subscriptions your appointment dates will be confirmed by email.
4. Cancellation, changing your appointment, refund policy
For 60 minute sessions (Soul Sessions):-
4.1 If you wish to cancel the appointment and receive a refund, please give at least 48 hours’ notice. A refund, less paypal fees, will be processed as soon as reasonably practicable but in any event no later than 7 working days from the date of a refund has been agreed.
4.2 Cancellation with less than 48 hours will result in no refund. You are however welcome to arrange for another appointment date and time.
4.3 No refunds are available once your session begins.
For 1:1 Spiritual Coaching and all Programmes:-
4.4 If you wish to cancel the programme before your first session and receive a refund, please give at least 7 days notice. A refund, less 25% to cover fees, administration and loss of business, will be processed as soon as practicably possible but, in any event, no later than 7 working days from the date of a refund has been agreed.
4.5 If you pay for the programme and it commences in less than 7 days, A refund, less 50% to cover fees, administration and loss of business, will be processed as soon as practicably possible but, in any event, no later than 7 working days from the date of a refund has been agreed.
4.6 Once the programme starts (the first date of our agreed first session), there will be no refund available for this service or programme.
4.7 Once the programme starts, it is preferable that our agreed appointment dates and times are maintained. However I appreciate that may not always be possible and therefore I offer a reasonable level of flexibility, to be extended both ways, with regards to any changes in appointment dates and times.
Please give me at least 24 hours notice if you need to re-arrange a session.
For Magic You Membership
4.8 For both the monthly and annual subscriptions, there are no refunds available for changing your mind
4.8.1 This term is subject to a goodwill gesture should you change your mind within 24 hours of first purchasing a subscription as long as you have not benefited from any of the membership material including accessing the Magic You private Facebook Group
4.8.2 Should you wish to receive a refund as outlined in 4.8.1 above, you will receive a refund within 7 working days, less any PayPal fees Emma Gaywood has incurred.
4.9 Should you wish to leave the membership please cancel your direct debit and email to be informed of when your access to the group will be revoked
4.9.1 Please note, should you cancel your direct debit for any reason, and wish to re-join, you will only be able to re-subscribe at the current advertised price.
5. Your session – for all services
5.1 I will send you the link to connect via Zoom at the pre agreed time of your appointment
5.2 It is your responsibility to ensure that you have internet connection and are all set up ready to commence your appointment on time. I would suggest you log on a few minutes prior to your appointment to ensure you get the most from your session time.
5.3 If, when I contact you, we do not connect within 10 minutes I will take this to mean that you are not going to attend your session. You will not be entitled to a refund however I offer one opportunity to re-arrange a new appointment for a reduced time of 45 minutes.
5.4 If you are late for your session this will reduce the time available. Please therefore honour our agreed time slot
5.5 At my discretion I may decline some or all of my services in any circumstance; not limited to but including:-
5.5.1 Any misuse of my services in anyway
5.5.2 If a client is in any way unstable or abusive
5.5.3 If I feel the session is inappropriate for you in any way or I cannot help you. In this instance a refund may be honored at my discretion.
6. Recordings (1:1 coaching)
6.1 Where possible I ask that you record your session either by taking notes or using your own equipment
6.2 I do have the facility to record your session on Zoom and will offer this to you, as a compliment to the session
6.3 I am not liable should any recording software fail in any way
6.4 The fee you pay is for the session itself and not the recording
6.5 Recordings will be saved, for a short period of time, in a private folder in my Dropbox account. You will be emailed a link to access and download your recording.
6.6 I cannot provide support for replaying your recording on your computer/device or software
6.7 I cannot provide this recording in an alternative format and I do not provide recordings on a disc
6.8 Recordings are the copyright of Emma Gaywood and are for personal use only. Records must not be forwarded or shared in part or full within the public domain
6.9 To protect your privacy and confidentiality, once the link to your recording has been emailed to you, the recording in dropbox will be deleted by the end of the following month.
7. Website Maintenance
7.1 I will do my best to maintain My Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond my control is not a ground for repayment of money you have paid.
8.1 I may make improvements or changes to My Website, the Content, or to any of the Services, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable as we are only humans. I would be grateful if you bring to my immediate attention, any that you find.
8.3 I give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the sessions for your purpose;
8.3.2 the truth of any Content on My Website published by someone other than me;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
8.3.4 compatibility of My Website with your equipment, software or telecommunications connection.
8.4 My Website contains links to other Internet websites outside my power and control. You acknowledge and agree that I shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 I am not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of my Website or the purchase of Services.
8.6 In any event, including the event that any term or condition or obligation on my part (“Implied Term”) is implied into these conditions by law, then My liability is limited to the maximum extent permitted by law, to the value of the services you have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.
8.8 I am fully insured
9. System Security
9.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of My Website.
9.2 You may not use any software tool for the purpose of extracting data from my website.
9.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10. Confidential Information and Intellectual Property Rights
10.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
10.2 I will defend the intellectual property rights in connection with My Product and My Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.3 I also claim copyright in the designs and compilation of all Content of My Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. I will strongly protect those rights in all countries.
10.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.5 You may not use my name or logos or trade marks or any other Content on any website of yours or that of any other person.
10.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
11.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of My Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12. Miscellaneous provisions
12.1 When I communicate with you I do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
12.2 Where I provide services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon me in respect of those services.
12.3 Nothing in this agreement or on My Website shall confer on any third party or any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
12.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12.5 No waiver by me, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and me, then you agree to attempt to settle the dispute by engaging in good faith with me in a process of mediation before commencing arbitration or litigation.
12.7 I am not liable for any breach of my obligations resulting from causes beyond my reasonable control including strikes of my own employees.
12.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
The template for these terms and conditions are the copyright of Andrew Taylor and Net Lawman Ltd. These terms and conditions have been edited by Emma Gaywood.