THESE LIVING ROSY TERMS AND CONDITIONS ARE ENTERED IN TO BETWEEN:
Mentor, RPTR (UK) Limited
a limited liability company incorporated and registered in England and Wales under company number 9017828 and having its registered office at 10th Floor, K&B Accountancy Group, 1 Canada Square, London, E14 5AA, operating / trading as Living Rosy (“we/our/us”);
Client, yourself (“you/your”).
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you. These terms shall apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, unless we agree otherwise in writing. Unless we expressly agree otherwise in writing to you, if there are any provisions on our website or in our other communications which conflict with these terms, these terms shall prevail.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are RPTR (UK) Limited, trading as Living Rosy, a company registered in England and Wales.
2.2 How to contact us.
(a) Before we accept your order in accordance with clause 3.1, you can contact us at email@example.com; or
(b) After we accept your order in accordance with clause 3.1:
(i) Any mentoring questions relating to the programme shall be made via the student group community (held within the private programme community referred to in clause 4.2 below); or
(ii) Any administrative or technical questions shall be made by contacting us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so via by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Upon acceptance of your order, you will be directed to create a log in and a password for access to the online membership website.
3.2 If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the programme.
4. PRIVATE COACHING PROGRAMME
4.1 Private Coaching Programme. We will provide you with an average of 4 sessions per month of 30 minutes duration, to a total of 11 sessions per quarter.
4.2 Attending the coaching calls under the Private Coaching Programme. We will try to arrange calls at regular times and dates each month. Your sessions are valid for 30 days from each month’s payment.
It is your responsibility to attend your appointment with us at the scheduled date and time. There will be no refund or rescheduling for sessions missed by you. If you arrive late to a call, we will still end the call at the scheduled times.
If we need to cancel or postpone any call we will use reasonable endeavours to notify you in advance of the meeting.
4.3 Mentoring relationship under the Private Coaching Programme. Throughout the programme, your mentor will engage in direct and personal conversations. Your mentor seeks to be honest and straightforward in asking questions and making requests. You understand that the success of the mentoring relationship is based on the information that you provide to the mentor. To help with having a successful mentoring relationship with your mentor, you agree to provide such information that is necessary to cultivate a successful relationship with your mentor.
4.6 We are not responsible for delays outside our control. If our supply of any service under the programme is delayed or affected by an event outside our control then we will use reasonable endeavours to contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay / problem. Provided we do this we will not be liable for delays caused by the event.
4.7 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services under the programme to:
(a) deal with technical problems or make minor technical changes;
(b) update the programme to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the programme (see clause 5).
4.8 Your rights if we suspend the supply of any services. We will use reasonable endeavours to contact you in advance to tell you that we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the programme for a significant period of time, we will use reasonable endeavours to come to some form of satisfactory resolution with you. If this isn’t possible then you may contact us to end the contract and we will refund any sums you have paid in advance for that part of the programme in respect of the period after you end the contract.
4.9 We may also suspend supply of the any service if you do not pay. If you do not pay us for the programme when you are supposed to (see clause 6.3) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the programme to you until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the programme. As well as suspending the programme we can also charge you interest on your overdue payments (see clause 6.4).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the programme. We may change the programme:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor adjustments and improvements to the programme. These changes will not affect your use of the programme.
5.2 More significant changes to the programme and these terms. In addition, we may have make more significant changes to the programme, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6. PRICE AND PAYMENT
6.1 The price for the programme. The price of the programme is $1,000 (USD) per month (exclusive of VAT).
6.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the programme, we will adjust the rate of VAT that you pay, unless you have already paid for the programme in full before the change in the rate of VAT takes effect.
6.3 When you must pay and how you must pay. We only accept payment via Stripe (unless we agree an alternative payment method with you in advance). You pay for the month’s coaching in full before your first session of the month. Your subscription renews automatically each c. 30 days. If you want to end the coaching, you may do so at any time by giving us 14 days’ notice. If your next payment falls within those 14 days of notice period, you will be charged for that month and we will complete that month of coaching.
6.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You may be able to end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the programme, how we are performing and when you decide to end the contract:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(b) If you have just changed your mind about the programme, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below, the contract will end by you giving us no less than 30 days’ prior notice in writing and we will refund you in full for any parts of the programme which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the programme or these terms which you do not agree to (see clause 5.2);
(b) we have told you that the supply of part of the programme may be significantly delayed because of events outside our control (in accordance with clause 4.6); or
(c) you have a legal right to end the contract because of something material that we have done wrong (which is not in dispute).
7.3 Exercising your right to change your mind. You may change your mind within 14 days after the day we email you to confirm that we accept your order to start your first month of coaching. You may change your mind in respect of any calls that have not yet started under the Private Coaching Programme. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.4 When you don’t have the right to change your mind. Subject to clause 7.1, you do not have a right to change your mind after the 14 days after the day we email you to confirm that we accept your order, nor do you have a right to change your mind in respect of any calls (or any other service relating to the Programme), once these have been started, even if the cancellation period is still running.
7.5 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com (or such other email address that we notify to you from time to time). Please provide your name, details of which programme you ordered and, where available, your phone number and email address.
7.6 How we will refund you. Any refund will be made by the method you used for payment.
7.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund:
(a) an amount for the supply of the programme for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract; and
(b) any reasonable costs incurred by us in submitting you, or introducing you, to the programme.
7.8 When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then your refund will be made within 15 business days of your telling us you have changed your mind.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the programme;
(c) you commit any serious or repeated breach or non-observance of any of these terms or any additional terms of the programme;
(d) you act in a manner which, in our reasonable opinion:
(i) affects our ability to work with you;
(ii) has or may bring the programme or us into disrepute or is materially adverse to our interests or the interests of the programme;
(iii) is offensive, threatening, defamatory, harassing, discriminatory, or otherwise inappropriate.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for the programme we have not provided but we may deduct or charge you reasonable compensation for the reasonable costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the programme. We may write to you to let you know that we are going to stop providing the programme earlier. We will use our reasonable endeavours to let you know at least 14 days in advance of our stopping the supply of the programme and will refund any sums you have paid in advance for any part of the programme which will not be provided.
9. IF THERE IS A PROBLEM WITH THE PROGRAMME
9.1 How to tell us about problems. If you have any questions or complaints about the programme, please contact us. You can contact us via email on firstname.lastname@example.org.
9.2 Dispute resolution. If you have any complaints, you agree to the following dispute resolution procedure:
(a) you must tell us in writing the nature of the dispute (in accordance with clause 9.1), what outcome you want and what action you think will settle the dispute. Each party shall try in good faith to resolve the dispute by mutual agreement; and
(b) if the parties cannot agree how to resolve the dispute, either party may refer the matter to an appropriate mediator under English Law. The mediator will decide the time for mediation and in which form the mediation should take place (which can be in any form of direct communication taking into account the jurisdiction of both parties; including by way of internet, telephone, audio visual link or some other form of telecommunication). Both parties must attend the mediation recommended by the mediator, and in good faith, seek to resolve the dispute through mediation or other alternative dispute resolution processes.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. Subject to clause 10.5, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss of damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. Our liability shall at all times be limited to an aggregate amount equal to the price that you have paid for the programme at the date of any such claim for your reasonable losses.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the programme.
10.3 We are not liable for business losses. We only supply the programme for domestic and private use. If you use the programme for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or in respect of any other costs or losses incurred by you in setting up or running your business.
10.4 Educational and coaching services only. The programme to be provided is educational and coaching services only. By entering into these terms, you acknowledge that
(a) neither we, our coaches nor our mentors are professional psychologists, psychiatrists, nutritionists or otherwise medically or clinically trained nor are we or they professional financial or legal advisors. None of our work constitutes legal, medical, financial or investment advice. We or they are not medically qualified to assess your physical or mental condition nor are we or they trained to give you legal or financial advice. If you are in any doubt, please seek expert medical, legal, investment or financial advice before using the programme;
(b) the mentoring within the programme is not counselling, psychotherapy or psychoanalysis;
(c) the mentoring within the programme does not deal with the diagnosis or treatment of health and emotional problems;
(d) we do not guarantee or warrant any specific result or benefit to you from the mentoring or the programme, including, but not limited to, leaving any existing employment to start a new career, or breaking any terms of your existing employment contract; and
(e) as the mentoring within the programme does not constitute medical consultation or treatment, health insurance will generally not apply.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the programme to you;
(b) to process your payment for the programme; and
(c) to give you information about similar products or programmes that we provide, but you may stop receiving this at any time by contacting us.
11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
12. OTHER IMPORTANT TERMS
12.1 Confidential information. You acknowledge that these terms are confidential and agree not to disclose to any person any confidential information concerning our business, affairs, customers, clients or suppliers, except as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority or to perform your obligations under these terms.
12.2 Intellectual property rights.
All Intellectual Property Rights (defined below) in or arising out of or in connection with the programme (including, but not limited to, all video tutorials and workbooks) shall be owned by us and shall remain our exclusive property. You agree that nothing in these terms constitutes a transfer in ownership of any Intellectual Property Rights to you.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
12.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.5 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the programme, we can still require you to make the payment at a later date.
12.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the programme in the English courts.