Terms of Service

Terms of Service and fullfillment policy

1. About my Terms

1.1. Thank you so much for visiting my website (the Site). These terms explain how you can use this site.

1.2. References in these terms to the Site include all associated web pages.

1.3. You should read these terms carefully before using the site.

1.4. By accessing or using the site or otherwise indicating your consent, you agree to be bound by these terms and the documents referred to in them.

1.5. If you do not agree with or accept any of these terms, you should stop using the site immediately.

1.6. If you have any questions about the site, please contact me by e-mail: helen@akashicprosperityacademy.com

1.7. Definitions

Content means any text, images, video, audio, or other multimedia content, software, or other information or material submitted to or on the Site;

Terms mean these terms and conditions of use as updated from time to time under clause 14;

Acceptable use policy means the policy set out at the end of these terms.

Cookie policy means the policy here which governs how I use cookies on the site;

I, me, or my online terms and conditions for the supply of goods or services mean Helen Morgan means any terms and conditions which will apply to you ordering goods or services using the site;

Privacy policy means the policy https://helenmorgan.kartra.com/page/PrivacyPolicy which governs how I process any personal data collected from you;

Submission means any text, images, video, audio, or other multimedia content, software, or other information or material submitted by you or other users to the site;

You or your means the person accessing or using the Site or its Content.

1.8. Your use of the Site means that you must also comply with my Acceptable Use policy, my Privacy policy, my Cookie policy, and my Online terms and conditions for the supply of goods or services, where applicable.

2. Using the Site

2.1. The site is for your personal use only.

2.2. You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the site.

2.3. I seek to make the site as accessible as possible. If you have any difficulties using the site, please contact me at helen@akashicprosperityacademy.com

2.4. I may prevent or suspend your access to the Site if you do not comply with any part of these terms, any terms or policies to which they refer, or any applicable law.

3. Ownership, use, and intellectual property rights

3.1. This site and all intellectual property rights in it, including but not limited to any content, are owned by me. Intellectual property rights mean rights such as copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind, whether or not they are registered or unregistered (anywhere in the world). I reserve all of my rights to any intellectual property in connection with these terms. This means, for example, that I remain owner of them and I’m free to use them as I see fit.

3.2. Nothing in these terms grants you any legal rights on the Site other than as necessary to enable you to access the Site.

4. Submitting information to the Site

4.1. While I try to make sure that the site is secure, I cannot guarantee the security of any information that you supply to me and, therefore, I cannot guarantee that it will be kept confidential. For that reason, you should not submit to the site any information that you regard as confidential, commercially sensitive, or valuable.

4.2. I may use any Submissions I see reasonably fit on a free-of-charge basis. I shall not be legally responsible to you or anybody else for any use of submissions.

5. Accuracy of information and availability of the Site

5.1. While I try to make sure that the site is accurate, up-to-date, and free from bugs, I cannot promise that it will be. Furthermore, I cannot promise that the site will be fit or suitable for any purpose. Any reliance that you may place on the information on this site is at your own risk.

5.2. I may suspend or terminate the operation of the site at any time I see fit.

5.3. Content is provided for your general information purposes only and to inform you about me and my products and news, features, services, and other websites that may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes.

5.4. While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise uninterrupted use by you of the Site.

6. Hyperlinks and third-party sites

The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. I have no control over third-party websites and accept no legal responsibility for any content, material, or information contained in them. The display of any hyperlink and reference to any third party website does not mean that I endorse that third party's website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

7. Acceptable Use Policy

7.1. As a condition of your use of the Site, you agree:

7.1.1. not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms

7.1.2. not to use the Site to commit any act of fraud;

7.1.3. not to use the Site to distribute viruses or malware or other similar harmful software code; 7.1.4. not to use the Site for purposes of promoting unsolicited advertising or sending spam;

7.1.5. not to use the Site to simulate communications from me or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

7.1.6. not to use the Site in any manner that disrupts the operation of my Site or business or the website or business of any other entity;

7.1.7. not to use the Site in any manner that harms minors;

7.1.8. not to promote any unlawful activity;

7.1.9. not to represent or suggest that I endorse any other business, product, or service unless I have separately agreed to do so in writing;

7.1.10. not to use the site to gain unauthorized access to or use of computers, data, systems, accounts, or networks; and

7.1.11. not to attempt to circumvent password or user authentication methods.

8. Interactive services

8.1. I may make interactive services available on the site, for example, areas where you can comment on content.

8.2. I am not obliged to monitor or moderate submissions to my interactive services. Where I do monitor or moderate submissions, I shall indicate how this is performed and who should be contacted in relation to any submission of concern to you.

8.3. I may remove or edit any Submissions to any of my interactive services, whether they are moderated or not.

8.4. Any Submission you make must comply with my Submission standards set out below.

9. Submission standards

9.1. Any submission or communication to users of my site must conform to standards of accuracy, decency, and lawfulness, which shall be applied at my discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

9.1.1. your own original work and lawfully submitted;

9.1.2. factually accurate or your own genuinely held belief;

9.1.3. provided with the necessary consent of any third party;

9.1.4. not defamatory or likely to give rise to an allegation of defamation;

9.1.5. not offensive, obscene, sexually explicit, discriminatory, or deceptive; and

9.1.6. unlikely to cause offense, embarrassment, or annoyance to others.

10. Linking and framing

10.1. You may create a link to my site from another website without my prior written consent provided no such link:

10.1.1. Create a frame or any other browser or border environment around the content of my site;

10.1.2. implies that I endorse your products or services or any of the products or services of, or available through, the website on which you place a link to my Site;

10.1.3. displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or

10.1.4. is placed on a website that itself does not meet the acceptable use requirements of this policy.

10.2. I reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by me to remove any such link.

11. Using my name and logo

11.1. You may not use my trademarks, logos, or trade names except in accordance with these terms.

12. Breach

12.1. I shall apply these terms at my absolute discretion. In the event of your breach of the Terms, I may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities, or take any action I consider necessary to remedy the breach.

13. Limitation on my liability

13.1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

13.1.1. losses that:

(a) were not foreseeable to you and me when these terms were formed; or

(b) that were not caused by any breach on my part

13.1.2. business losses.

14. Variation

No changes to these terms are valid or have any effect unless agreed by me in writing. I reserve the right to vary these terms from time to time. My updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by me. It is your responsibility to check these terms from time to time to verify such variations.

15. Disputes

15.1. I shall try to resolve any disputes with you quickly and efficiently.

15.2. If you are unhappy with me, please contact me as soon as possible to let me know.

15.3. If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to these terms.

15.4. The laws of England and Wales will apply to these terms.

16. Fullfillment policy for online sign ups

Coaching and services Agreement

I am so pleased you have decided to use my services or resources - please read the following important terms and conditions before you commit to using them.

These set out :

your legal rights and responsibilities;

my legal rights and responsibilities; and

certain key information required by law.

The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

[As I care about and have high standards regarding the level of service I provide, I place a strict limit on the number of places available in my programme and course .. Once those places have been filled, I stop marketing the course and do not permit anyone else to join. When you agree to these terms and conditions, you confirm your commitment to the entire course and you will be responsible for payment in full of the price for my services and you will not be entitled to any refunds.]

In this contract:

‘I’, ‘me’ or ‘my’ means Helen Morgan

‘You’ or ‘your’ means the person buying or using my services and resources.

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at akashicprosperitycoach@gmail.com

BACKGROUND

Our sessions will include one or more of the following :

• coaching

And all of these elements make up my ‘services’.

Introduction
1. If you buy services from me (‘services’) you agree to be legally bound by this contract.
2. If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
3. When buying any services or using any resources you also agree to be legally bound by:
  1. my website terms of use and privacy policy;
  2. extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
  3. specific terms which apply to my services, for example programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us

All these documents form part of this contract as though set out in full here.

Information I give you
1. Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract or the relevant programme or service description.

I shall give you information on:

the main characteristics of the services you are buying

who I am, where I am based and how you can contact me

the price of the services

the arrangements for payment, carrying out the services and the time by which I shall carry out the services

how to exercise your right to cancel the contract in the cooling off period if you are a consumer

my complaint handling policy

Signing up for my services
1. Below, I set out how a legally binding contract to buy services between you and me is made:
  1. Placing your order and making payment does not, however, mean that your order has been accepted. Payment is via stripe
  2. Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services.
  3. When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
  4. I may contact you to say that I do not accept your order, for example if I do not think my services are a right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services .
  5. I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
    1. a legally binding contract will be in place between you and me, and
    2. I shall start to carry out the services as set out in the relevant programme or services description.
Carrying out the services
1. If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
2. I shall carry out the services within the time period which is set out in the relevant services description.
3. ] Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.
4. My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority or if you change the services you require from me and I have to do extra preparation.
5. Where a session or event is due to take place in person, I reserve the right to move that session or event online where circumstances make it necessary or preferable to do so.
Your responsibilities
1. You will pay the price for the services in accordance with the relevant services description.
2. It is very important that I have a full understanding of your state of health. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
3. You and I shall agree a method of communicating with each other between sessions and adhere to that method.
4. My services do not include counselling They may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put in to the programme and the actions we agree.
5. My role is to offer you guidance and accountability and help you make positive health and lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
6. My services do not treat mental disorders and are not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use my services in place of any form of counselling or medical treatment.
7. If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with me and that this person is aware of and supports your decision to proceed with the programme described in the relevant services description.
8. You will keep me informed of any changes to your medical health or personal circumstances.
Charges and payment
1. All prices quoted are [inclusive of VAT.
2. The price for the services is set out in the relevant services description.
  1. ][I require full payment in advance in order to provide the services.]

[ In order to provide the services, I require payment as specified in the attached services description. If you fail to make any of the payments on the due dates as set out in the service description, I shall invoice you immediately for the whole of any outstanding balance and payment for that invoice will be due by return.]

1. 1. I shall send you an invoice in respect of my fees [monthly][on completion of the services] and my invoices are payable within [30] days.
2. ] The fees are non-refundable except for:
  1. if you are a consumer, your right to a ‘cooling off’ period, as described in clause 7 below;
  2. where I cancel a programme (other than under 12.3 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
  3. In all other circumstances I am not able to refund to you any of the payments you have made, and you remain liable for the whole price of the [programme] [services] even where you do not complete your sessions with me, as;

(a) payment is for the programme as a whole, not individual sessions;

(b) I care about my service level and so I admit a limited number of people, therefore you are liable to pay the full cost of the programme [as I shall [stop marketing the programme][and][not allow anyone else to join it]] once the places have been allocated; and

(c) This policy is also a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This approach also helps you with your own accountability and commitment to improving your life through my coaching programme.

[In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.]

1. My refund policy is as follows:
  1. if you are a consumer, you have the right to a refund during the ‘cooling off’ period, as described below;
  2. where I cancel a programme (other than under 12.3 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
  3. where you wish to cancel this contract and you give me [one month’s] notice in writing, I shall give you a partial refund for sessions which you have paid for in advance and which you have not received, but I shall deduct reasonable compensation for the net costs I shall incur as a result of your ending the contract.
2. Payment is via stripe

Cooling off period for consumers
1. If you are a consumer, subject to 7.3 below you have the right to cancel this contract within 14 days of signing up without giving any reason.
2. The cancellation period will expire 14 days after the date of the contract.
3. However, if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6.4 will apply and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay my reasonable costs of services provided within that time]. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time:
4. If you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 7.3. for which you will have to pay my reasonable costs.
5. Digital products. In accordance with clause 7.3, by accessing or downloading any digital products within the 14 day cooling off period, you give your consent to me to provide the content and you acknowledge that by doing so, you lose your right to cancel your purchase unless the content is faulty.
Intellectual property
1. If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own use and you may not share them with third parties.
How I may use your personal information
1. I shall use the personal information you give to me to:
  1. provide the services;
  2. process your payment for the services; and
  3. inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me).
2. I shall not give your personal information to any third party unless you agree to it.
3. See my privacy policy here for full details of how I use your information.
Confidential information
1. All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime.
2. Where you participate in any group sessions, for example as part of a group programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
3. The obligations in clauses 10.1 and 10.2 will not apply to information which:
  1. has ceased to be confidential through no fault of either party;
  2. was already in the possession of the recipient before being disclosed by the other party; or
  3. has been lawfully received from a third party who did not acquire it in confidence.
4. You will not use any Confidential Information for profit or for your own benefit in any way.
5. Your and my confidentiality obligations under this clause will continue after termination of this agreement.
Resolving problems
1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
3. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
End of the contract
1. If a services description specifies a length of time for services to be provided then subject to clause 12.3 below, the services will terminate at the end of that timeframe
2. If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by [one] month’s written notice to each other.
3. Either you or I may terminate the services and this contract immediately if:
  1. the other party commits any material breach of the terms of this contract or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this contract will be terminated if the breach is not resolved; or
  2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

2. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
Limit on my responsibility to you
1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
  1. losses that:
    1. were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry;
    2. were not caused by any breach of these terms on my part; and
  2. business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.
2. My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability. If you would like me to assume a greater degree of potential liability, please contact me for a revised price for my services].
Disputes
1. I shall try to resolve any disputes with you quickly and efficiently.
2. If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.
3. The laws of England and Wales will apply to this contract.
4. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
Entire agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Third party rights
1. No one other than a party to this contract has any right to enforce any term of this contract.