TERMS AND CONDITIONS
Last Updated: 04/05/2023
11.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services: (a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service; (b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and (f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof. 12. General 12.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. 12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. 12.4 We may assign any or all of our rights and obligations to others at any time. 12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. 12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. 12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. 12.8 The following are trade marks of Kemkaran Consulting. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use. 12.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
- The Company agrees to maintain the ethics and standards of behaviour set by the International Coach Federation “(ICF)”. http://www.coachfederation.org/ethics
- You agree to attend the agreed and paid for number of coaching sessions. You will be ready at the set start time and for the agreed duration.
Coaching sessions cannot be extended due to the impact on other clients time. If you arrive to start your session late, you will lose that time.
- In the event that you cannot attend any of your scheduled sessions, you must give The Company one days notice of any cancellation of a scheduled meeting or the meeting time is forfeited in entirety. The recording for late/partial sessions will still be made available.
With one days notice of cancellation, you will add that week or month coaching onto the back of your agreed schedule unless alternative arrangements within the period can be made. This is based entirely on availability and is at the discretion of The Company.
- If you do not attend your session and have not given one days notice, this session will be considered used.
- Ongoing monthly sessions must be used within the calendar month otherwise they will be lost. Unused sessions cannot be rolled into the following month unless by specific prior agreement.
- The Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the The Client agrees that The Company is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the The Company. The Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- The Client understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters. If The Client is currently under the care of a mental health professional, The Company will recommend that The Client inform the mental health care provider.
- The Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
Privacy In order to resolve an issue relating to your personal data, please contact us by email at firstname.lastname@example.org or by post to: Kemkaran Consulting Ltd128 City RoadLONDON EC1V 2NX
Kemkaran Consulting Ltd is registered with the ICO: ZB510926
- Fees for our services are purchased online or may be submitted by invoice to you. Payment for services will be agreed in advance and confirmed on each invoice.
Invoices must be paid in full before services will be provided. Services may be withdrawn or cancelled in the event that payments are not kept up to date.
- Any fees paid by The Client to The Company are strictly non-refundable (with exception to statutory consumer rights and laws) unless otherwise stated.
- You agree to reimburse us within 7 days of receiving an invoice for all other reasonable expenses we incur in providing any requested services to you, including but not limited to the writing of emails, the building of funnels, purchase of domains, purchase of website hosting, purchase of website plugins etc.
Any of these costs will be agreed with you in advance.
- Payment Methods are detailed on the invoice you will receive and include bank transfer, card payment, or PayPal.
Tame Your Brain® Academy
- Subscription for the Tame Your Brain® Academy is paid monthly. The first payment is on your join date, and then monthly after that.
- Once you have signed up you have access to all the digital content, training and workbooks within the Academy. As such there are no refunds available. You may cancel immediately if you wish and only access the Academy for 1 month.
- The Academy is a spam and sales free space. We will not tolerate anyone soliciting within the Academy and your membership may be revoked if we see this happening.
- You may not encourage other Academy members to join your own community, or externally solicit or contact members found within the Academy.
- You may not create another membership group with the same name, or a name that could be misleading to users that it is created or endorsed by the Tame Your Brain® Academy or Kemkaran Consulting Ltd.
- FAQs for the Academy are available here.