Terms of Service
Acceptance Of These Terms
Before you enrol for our Program, or otherwise engage with the Program or any other services we may offer including any ad hoc consultations (Services), please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Program or request our Services. By signing the Client Form, paying the Fees or otherwise enrolling in the Program, you agree to be bound by these term
DISCLAIMER
(a) (Purpose) The Purpose of our Programs are set out on our website
www.personalisedperformance.com (Website).
(b) (No Guaranteed Outcome) Whilst the Program provides information and resources, we
make no representation or guarantee that our Program will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Program you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to the Program or otherwise are done so at your own risk and should always be in consultation with your medical doctor.
(c) (Not Medical Advice) All information provided as part of our Program is not intended to
be medical advice of any kind and should not be relied on as such. The Program is not intended to diagnose or treat medical conditions. We will not be diagnosing or treating any medical conditions, and are not considering any potential contra-indications for certain lifestyle changes if you have other medical conditions or factors (whether or not you are diagnosed, or have informed us) which may affect you. This is why you should always undertake the Program in consultation with your regular doctor.
(d) (Consult your Doctor) You should obtain appropriate medical and other professional advice before relying on the information provided during our Program or implementing any recommended strategies. By not seeking appropriate medical advice, including but not limited to medical advice in respect of:(i) Any suggestions we make before implementing them;
(ii) symptoms, conditions or concerns you have or may have in respect to your reproductive health and fertility, whether or not diagnosed by a medical professional, regardless of whether you have disclosed this to us, you accept the risk that the information contained in, or supplied by us as part of our Program may not meet your specific needs, circumstances or goal.
(e) (Other Factors) Many factors will be important in determining whether you achieve any actual results and there is no guarantee that you will see any benefits or achieve any results from our Program within any timeframe or at all.THE PROGRAM
2.1 PROGRAM INCLUSIONS
(a) We will endeavour to ensure that the Program provided will be substantially the same as the Program as described on our Website.
(b) Once we have received payment of the Fees and the signed Client Form.
(c) The Program includes the inclusions as set out on our Website, and which may include a
combination of any of the following:(i) pre-recorded video format information including tutorials, written information, workbooks, questionnaires and other materials (Program Materials) for you to work through at your own pace during the Program Term, and to be viewed online through your Account only and not reproduced or republished by you in any way. You can download such Program Materials for personal use within the Program Term and solely for the purpose of benefitting from the Program; and
(ii) consultations sessions (Sessions) at times and dates agreed between us.
2.2 PROGRAM MATERIALS
(a) Any Program Materials are designed for you to work through at your own pace, and it is your responsibility to engage with the Program Materials during the Program Term.
(b) The Program Materials may require you to supply us with health-related information (being sensitive special category information under the UK GDPR) and will be processed
by us in accordance with clause 4.
2.3 BOOKING SESSIONS & CANCELLATION
(a) Where the Program includes Sessions, the amount and frequency of the Personal Sessions will be as set out on our Website.
(b) You may also, subject to our agreement, be able to book individual ad hoc Sessions.
(c) You can book in a Session via email with us, or using the booking functionality on the
Website.
(d) If you can’t make a Session at the scheduled time, you can reschedule by providing us no less than 48 hours’ written notice prior to the Session start time (Cancellation Notice). Notice can be either by email to hello@personalisedperformance.com or using the reschedule or cancel function for the Session on the Website.
(e) If you do not provide the Cancellation Notice, you will forfeit your Session including any
Fees paid for the Session.
(f) We may reschedule a Session at any time for any reason. We will do our best to give you
as much notice as possible.
2.4 YOUR OBLIGATIONS
(a) (Session Platform Issues) Any issues with the video conferencing software should be directed to the third-party provider (Session Platform) to troubleshoot the issue. We will not be liable for any loss or damage suffered as a result of or in connection with issues on the Session Platform.
(b) (No Recording Sessions) You must not make any audio or video recording of any part of any the Sessions, unless otherwise agreed by us in writing.
(c) Please ensure to be respectful and appropriate at all times.PAYMENT
3.1 FEES
(a) All Fees are:(i) as set out in the Client Form (Fees); and
(ii) in British Pounds.
(b) (VAT) Unless otherwise indicated, amounts stated on the Website include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice to you.
(c) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Program. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees. As at the date these terms were last updated, our Payment Provider is Stripe, and their terms and conditions can be accessed here www.stripe.com/gb/legal
(d) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Program Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Program at the correct Fees or cancelling your Program Enrolment. If you choose to cancel your Program Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
3.2 LATE PAYMENTS
We reserve the right to suspend all or part of the Program and/or Services indefinitely if you fail to pay any Fees in accordance with this clause 3.PRIVACY & DATA PROTECTION
4.1 PRIVACY COLLECTION
(a) We may collect personal information about you in the course of providing you with our Program or Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy here: link.
(b) Our Privacy Policy and this clause 4 contain more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
4.2 THIRD PARTY DATA
(a) You warrant that, in relation to the personal information and all other data that you provide to Personalised Performance in connection with this agreement (Third Party Data), that:(i) You have all necessary rights in relation to Third Party Data, such that the Services can be performed in respect of that data;
(ii) You are not breaching any Law by providing Personalised Performance with Third Party Data
(iii) Personalised Performance will not breach any Law by performing the Services in relation to any Third Party Data;
(iv) There are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, you have notified Personalised Performance of this, and Personalised Performance has agreed to perform the Services in respect of that data being under no obligation to do so); and
(v) Personalised Performance will not breach any Third Party Terms by performing the Services in relation to any Third Party Data.
(b) You agree at all times to indemnify and hold harmless Personalised Performance and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 4.2.INTELLECTUAL PROPERTY
5.1 OUR IP
Intellectual Property Rights in the Program and our Services and any other related information or materials (Material) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent. You will not under these terms acquire Intellectual Property Rights in any of Our IP.
5.2 DEFINITIONS
For the purposes of this clause 5:
(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials, including but not limited to the Program Material and the Program including ideas, concepts, structure, and content contained therein.(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
CHANGES TO YOUR PROGRAM ENROLMENT
6.1 CANCELLATION
Subject to clause 6.3, once we confirm your Program Enrolment, your Program Enrolment is binding and cannot be changed by you.
6.2 REFUNDS
(a) Due to the nature of the Program, we do not offer change of mind refunds.(b) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable consumer law.
6.3 COOLING-OFF PERIOD
As a consumer, you have the right to cancel this agreement and receive a refund for any Fees paid if you cancel within 14 days of entering into this agreement. To cancel this agreement, you can contact us via the Website.PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
Subject to your agreement of non-disparagement of us and the Program, you may publish general information about your experience with the Program, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Program. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Program will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
9.1 THIRD PARTY GOODS AND SERVICES
(a) The Program may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Program is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
(b) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Program or any issues experienced in Program Enrolment.
9.2 THIRD PARTY CONTENT
The Program may contain text, images, data and other content provided by a third party and displayed in the information provided through the Program (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
9.3 LINKS TO OTHER WEBSITES
(a) The Program may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.(b) Inclusion of any linked website on the Program does not imply our approval or endorsement of the linked website.
SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other
electronic devices arising in connection with use of the Program. You should take your own precautions to ensure that the process that you employ for accessing the Program does not expose you to risk of viruses, malicious computer code or other forms of interference.REPORTING MISUSE
If you become aware of misuse of the Program by any person, any errors in the material in the Program or any difficulty in accessing or using the Program, please contact us immediately using the contact details or form provided on our Website.SERVICE LIMITATIONS
The Program is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:(a) the Program will be free from errors or defects;
(b) the Program will be accessible at all times;
(c) information you receive or supply through the Program will be secure or confidential; or
(d) any information provided through the Program is accurate or true.
NOTICES
(a) A notice or other communication to a party under these terms must be:(i) in writing and in English; and
(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.(b) Unless the party sending the notice knows or reasonably ought to suspect that the email
was not delivered to the other party’s Email Address, notice will be taken to be given:(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,whichever is earlier.
LIABILITY
(a) Nothing in these terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(b) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Program, the Website, the Services, these terms or any other goods or services provided by us to the value of the Fees (if any) paid for the Program. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
(c) All express or implied representations and warranties in relation to the Program, the Website, the Services, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
(d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:(i) breach of any of these terms;
(ii) use of the Program, the Website, the Services or any other goods or services
provided by us; or
(iii) use of any other goods or services provided by us.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Program, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under applicable law.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
SUSPENSION
We reserve the right to indefinitely suspend all or part of your access to the Program or Services
where you are in default or breach of these terms.TERMINATION
17.1 WE MAY TERMINATE
We may, in our sole discretion, terminate these terms for convenience at any time by providing 7
days’ written notice to you.
17.2 TERMINATION FOR CAUSE
Either party may immediately terminate these terms by written notice to the other party if:(a) the other party is in default or breach of these terms;
(b) the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
(c) the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
(d) the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
17.3 EFFECT OF TERMINATION
Upon termination of these terms:(a) your Account will be terminated, and you will no longer have access to the Program;
(b) any Fees paid are non-refundable (except in accordance with clause 6.3) however if we have terminated this agreement in accordance with clause 17.1, we will refund you the Fees on pro-rata basis for any unused part of the Coaching Term; and
(c) you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 5.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
17.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination
or expiry of these terms will survive and be enforceable after such termination or expiry.GENERAL
18.1 GOVERNING LAW AND JURISDICTION
These terms are governed by the law applying in England and Wales. Each party irrevocably
submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from
them in respect of any proceedings arising out of or in connection with these terms. Each party
irrevocably waives any objection to the venue of any legal process on the basis that the process
has been brought in an inconvenient forum.
18.2 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this agreement.
18.3 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any
right unless the waiver is in writing and signed by the party granting the waiver.
18.4 SEVERANCE
Any term of these terms which is wholly of partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
18.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
18.6 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms
without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
18.7 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
18.8 ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
18.9 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
and(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a
party because that party was responsible for the preparation of these terms or that
provision.