KJM Harmony
TERMS OF SERVICE
IMPORTANT: By submitting a payment through KJM Harmony you are agreeing to these terms and conditions.
General Terms and Conditions
1. INTRODUCTION
1.1 These Terms and Conditions (“Terms”) along with our privacy notice, available at www.kirstyjmclean.com (the“Website”) set out the basis on which we provide access to our Website and the provision of any services or products to you through our Website and/or our associated social media channels or groups. When you access, visit or use our Website or purchase any of our services or products, as defined below, you agree to be bound by them. If you do not intend to be bound by them then you should not visit our Website or purchase any of our services or products.
1.2 If you purchase a particular programme or other service or product then you may be asked to agree to separate Terms and Conditions which are specific to that programme, product or service. Should a dispute or conflict arise then any separate terms that are agreed will take priority over these Terms.
2. OUR SERVICES AND PRODUCTS
2.1 We provide online and live events, courses, coaching and training for individuals and Small to Medium sized businesses (“the Services”) .
Further details of our Services and Products can be found on our Website.
3. YOUR PURCHASE OF OUR SERVICES OR PRODUCTS
3.1. When you place an order to purchase any of our Services or Products (“Order”), you are confirming 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.
3.2. Your purchase of any Service or Product is a contractual offer that we may choose to accept. Our legally binding agreement begins when we confirm acceptance of your Order by sending our confirmation email.
3.3. If your Order is not accepted, we will notify you by email and provide a full refund.
3.4. Details of our Services and Products can be found on our Website. The Service or Product you purchase shall be delivered in accordance with the details displayed on the relevant sales page at the time your purchase is made.
3.5. If your purchase includes digital content or other content available for immediate access or download, then when you place your Order you acknowledge that by receiving immediate access that you will lose any right you may have to cancel your Order other than as set out within these Terms. Please see our refund policy, below, for further details.
3.6. If we become aware that a Service or Product on our Website is incorrectly priced, where the correct price is lower than the price shown on our Website, we shall charge the lower amount. Where the item’s correct price is higher than the price shown on the Website, we shall contact you to ask whether you wish to proceed with your purchase at the correct, higher price, or we shall reject your Order and notify you that your Order has been rejected.
3.7. Where a pricing error exists and that error is obvious, unmistakable and could have been reasonably recognised by you then we shall have no liability or obligation to provide the Service or Product to you at the lower, incorrect price.
3.8. Where we offer a discount or other promotional offer or code then these will be subject to individual terms and conditions.
4. THAT YOU AGREE WHEN YOU PURCHASE ANY OF OUR SERVICES
4.1. You agree to keep your access to any Services private and not to share, disclose, assign, sell or license any part.
4.2. During your access to our Services, you may choose to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or 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 any Services purchased.
4.3. You acknowledge and accept that our Services are designed to provide you with information, materials and support to assist you in developing yourself and your business and that they are not a substitute for counseling or other therapy services. If you are currently seeking medical or other professional help concerning your mental health, or if you are in any way unsure as to your mental capacity to use the Services then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant.
5. ACCESS TO SESSIONS
5.1. If the Service you purchase includes group calls, meetings or one-to-one sessions ( together the “Sessions”), we will deliver the Sessions by way of online meeting facility or telephone and we will confirm the date and time by email or by posting in the relevant Facebook or similar online group (if applicable).
5.2. You will be responsible for attending any Session included with the Service that you purchase. We regret that no alternative or replacement dates or times will be offered for any group Sessions if you are unable to attend a Session for whatever reason.
5.3. If you need to cancel and reschedule a one-to-one Session, you agree to provide at least 24 hours’ notice, otherwise you will forfeit the right to that Session. Any rescheduled Sessions must take place within the same calendar month otherwise you will forfeit the right to that Session. Sessions will not be carried over to subsequent months.
5.4. If we are waiting for you to attend a Session for more than 15 minutes, we reserve the right to treat you as a no show and you will forfeit your right to that Session.
6. YOUR RESPONSIBILITY TO OTHERS
6.1 To ensure everyone accessing our Services, Website and any of our public or private online groups or forums(“Groups”) feels safe and comfortable, we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when accessing any of our Groups, Website or Services and not to act in a manner which may cause offense, distress or alarm to others.
6.2 When you access any of our Groups, our Website or our Services, you agree:
6.2.1 NOT to use your access for any unlawful purpose;
6.2.2 NOT to record any part for your personal use or otherwise;
6.2.3 NOT to capture or share images of any other person or that include any other person without that person’s express permission;
6.2.4 NOT to upload, post, transmit or otherwise make available content that:
is by its nature defamatory, libelous, obscene, demeaning or which causes offense to another individual whether intended or not;
discloses personal and/or confidential or sensitive information about another person;
is threatening or causes another individual to feel harassed or in fear; and/or is classed as spam.
6.3. In the event you are deemed by us to have acted or be acting in a way which is disruptive, or which causes offense, distress or alarm, to another person, then you will be excluded from the Group or Service. Following such removal and exclusion, we shall arrange a meeting with you to discuss the matter and to determine whether you will be removed and/or excluded permanently. Such a decision to be at our absolute discretion.
6.4. If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our Groups, on our Website, or during the delivery of any of our Services you agree to notify us as soon as possible.
7. PAYMENT AND CHARGES
7.1. The purchase price for your chosen Service or Product is as set out on the relevant sales page at the time of your purchase (“the Fee”).
7.2. Time for payment 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 we must receive cleared payment before you are entitled to access any Service or Product.
7.3. If you choose to pay the Fee by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to a Service or Product, you agree to provide full payment of the Fee within 7 days from access being provided.
7.4. If we agree to accept payment of the Fee by installments, then you agree to:
7.4.1. set up a direct debit or similar payment process to cover your installment payments; and
7.4.2. provide payment of the installments as and when they fall due in accordance with the installment plan agreed at the time of purchase.
You accept and understand that you will remain responsible for providing the installment payments until the Fee has been paid in full.
7.5. The Fee is based upon our knowledge and experience and the time, effort and availability of the Service and is not based on your actual usage and/or level of attendance. You agree and acknowledge:
7.5.1. That you shall not be entitled to any form of credit to or deduction from the Fee for any non-attendance of lack of usage of the Services on your part; and
7.5.2. That the Fee is non-refundable, unless separate terms apply please see our refund policy.
7.6. We reserve the right to change our Fee at any time. Any changes will not affect the price of Services or Products where payment has already been made and a confirmation email sent.
7.7. If you purchase Services on a monthly subscription basis then you will be liable to make payment every month until you cancel your subscription in accordance with these Terms. You authorise us to request payment of the monthly amount from your chosen payment method on a rolling monthly basis.
7.8. You may cancel your monthly membership at any time by emailing hello@kirstyjmclean.com giving 7 DAYS NOTICE to cancel your account.
For 6 or 12-month upfront subscription payments, you may cancel your membership at any time, meaning it will not renew after the initial 6 or 12 months. After the initial 6 or 12-month period your membership will move to rolling monthly payments and you can cancel this at any time giving 7 days’ notice. We do not offer refunds on membership subscriptions.
8. LATE PAYMENT
8.1. Without prejudice to any other right or remedy that we may be entitled to, where payment of the Fee is beyond 7 days overdue then:
8.1.1. we will be entitled to withhold delivery of Services until payment is up to date; and
8.1.2. We will add interest to your account on a daily basis from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 5% over the Bank of England’s base rate from time to time;
8.1.3. any discount or other agreed promotional price change to the Fee will cease to apply and you will be responsible for payment of the full Fee amount.
8.2. If your payment is beyond 30 days overdue, we shall be entitled to instruct a collection or legal agent to seek recovery of the outstanding amount along with our reasonable costs incurred in taking such action.
9. REFUND POLICY
9.1. No refund policy shall apply to your purchase of any of our Services or Products, including any deposit payment, save where a fault is found to exist or the circumstances in clause 11, below, apply.
9.2. 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 a Service or Product then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms 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. CANCELLATION AND TERMINATION
10.1. You shall have the right to cancel your access to any Service by providing notice to us by email to hello@kirstyjmclean.com. In accordance with Clause 10, despite cancellation, you will not be entitled to a refund.
10.2. Upon cancellation or termination pursuant to these Terms, all payments in respect of the Fee shall become immediately due and payable.
10.3. We reserve our right to terminate any agreement between us and your access to any Service, with immediate effect, if you:
10.3.1. commit a material breach of your obligations under these Terms; or
10.3.2. fail to provide payment of any sum due to us as and when it becomes due; or
10.3.3. act or behave in a way which we reasonably consider may have a detrimental effect on our business or reputation.
10.4. Upon termination for any reason:
10.4.1. all terms which either expressly or by their nature relate to the period after the Services have been delivered or terminated shall remain in full force and effect; and
10.4.2. you will no longer be entitled to access or use any Groups, Sessions, or Content (as defined below), unless we have expressly agreed in writing.
11. COMPLAINTS OR CONCERNS
11.1. If you have any concerns about our Website or our Services or Products, you agree to let us know by email to hello@kirstyjmclean.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this clause further action includes stopping payment or making any chargeback or similar claim.
12. CONFIDENTIALITY
12.1. For the purposes of these Terms, Confidential Information shall mean ideas, know-how, business practices (where applicable), customer/client details, concepts and techniques, plans, trade secrets, personal information and other confidential and/or proprietary information (“Confidential Information”). It excludes 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.
12.2. It is important to us to create a safe and secure space for everyone accessing our Website, our Groups and our Services and that is why we agree that when you disclose Confidential Information to us, we will not communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
12.3. If we disclose Confidential Information to you, or where it is disclosed by another individual accessing our Website, our Groups or our Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it and that you will not share it or use it in any way other than as part of your use of the Services as intended by these Terms.
12.4. Where we provide you with Content you agree to only use it in connection with your use of the Website, Group, Service or Product as intended by these Terms and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.
12.5. Our obligations set out above and in clauses 15 and 16 below, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, 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 we reasonably believe you are at risk of danger to yourself or others.
12.6. The provisions above shall continue in force notwithstanding termination for any reason.
13. OUR INTELLECTUAL PROPERTY
13.1. For the purposes of these Terms, Intellectual property shall mean any copyright, database right, design right, moral right, patent, invention right, registered design, trading name, service mark, domain name, trademark whether registered or unregistered and any application or right relating to any of the above whether current, pending, or in the future and whether in the UK or any other part of the world.
13.2.We take the protection of our Intellectual Property Rights in relation to our Website, Content, Services and Products very seriously. When you purchase any Service or Product, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable license to access, view and use any Content provided as part of the purchase solely for the purposes as intended by these Terms. All other uses are strictly prohibited.
13.3. When you purchase a Service or Product you agree and undertake that from the date of purchase that you WILL NOT:
13.3.1. copy, reproduce, sell, license, share or distribute any of our Content, whether during the period of provision of the Services, or at any time thereafter;
13.3.2. record any webinars, online or in-person events, videos, Sessions, Groups or any Content;
13.3.3. infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights or any such rights belonging to another individual accessing the Services.
13.4. All content displayed on our Website or within our Groups, which includes, but is not limited to, website design and layout, text, images, logos and graphics, video, data, code, audio, document files, software and any other resources and information (“Materials”) belongs to us and all copyright, moral ownership and any other Intellectual Property rights that arise and/or exist within those Materials (and any and all derivatives of it) is owned exclusively by or licensed to us and is protected by intellectual property laws applicable to the United Kingdom. When you access or use our Website or Groups you agree not to copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of our Materials or assist others in carrying out any such activities without our express written permission.
13.5. In the event of your breach of these obligations then damages, loss, or irreparable harm may arise and in such circumstances, we shall be entitled to seek relief, including injunctive relief, against you.
13.6. The provisions above shall continue in force notwithstanding termination for any reason.
14. REVIEWS AND TESTIMONIALS
14.1. If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission 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, that Client Content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.
14.2. When sharing Client Content you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.
14.3. These provisions shall survive termination.
15. NO GUARANTEE
15.1. When purchasing the Services you will have access to Content and support designed to benefit you but it is your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
15.2. We have made every effort to accurately represent the Services and Products. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results and we make no guarantee, representation or warranty with respect to the Services or Products we may provide.
15.3. All information provided on our Website is provided for general information purposes only. Nothing on our Website constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure and check that any Content, Services or Products available on or through our Website satisfy your specific expectations or requirements.
15.4. We make no warranty, guarantee or representation that the Website or any Content is:
15.4.1. accurate, up to date or free from any errors or inaccuracies;
15.4.2. accessible and/or compatible with your hardware and software;
15.4.3. not capable of infringing any third-party rights; or
15.4.4. suitable to meet your required expectations or needs
16. UPDATES OR CHANGES TO OUR SERVICES, PRODUCTS OR TERMS AND CONDITIONS
16.1. We reserve to make changes to these Terms at any time and we will display a notice of any changes on our Website. It shall be your responsibility to check for any updates. Your first use of our Website after the date of any alterations or amendments will constitute acceptance of such changes therefore, we recommend you review these Terms regularly to keep informed of any changes.
16.2. We reserve the right to make changes to our Services and our Products, in whole or part, as we reasonably require without notice to you. If we make changes after you have purchased a Service, we will ensure that the Service still matches the original description or we will offer a reasonable alternative, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Services.
KJM Harmony
Kirsty McLean, CPsychol
Chartered Counselling Psychologist