Terms & Conditions

STANDARD TERMS OF BUSINESS

Last updated: 11 September 2024

You should print a copy of these terms and conditions for your future reference.

By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.

By placing an order through our sites, you warrant and confirm that:

1. You are legally capable of entering into binding contracts;

2. You are at least 18 years old;

3. All information with which you provide us is materially true and accurate at all times and not misleading in any way;

4. You will only use a Course, Membership, digital or tangible material (including Downloadable Material) for your business or own personal use and you may not sell, publish or distribute such document or use it in whole or in part to create another document.

5. You agree to keep user details and your password for the sites confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorised use of your account.

1. Who we are

‘We’ are Louise Hiles Coaching & Therapy, a sole trader in England, whose postal address is Quayside i4, Ouseburn, Newcastle upon Tyne, NE6 1LL.

2. Interpretation

2.1 The definitions and rules of interpretation in this clause apply to these Terms.

Contract: The contract between you and us for the supply of Services and/or Goods in accordance with these Terms.

Downloadable Material: Any content published by us on our website at www.louisehiles.com or at louisehilescoachingtherapy-site.thinkific.com, or on any social media platform ,including but not limited to items for sale (whether for payment or at zero cost) at www.louisehiles.com or louisehilescoachingtherapy-site.thinkific.com) and any social media platform, which are purchased as items separate to the purchase of a Course or payment for a Membership, including but not limited to PDF versions of blog posts, transcripts for podcasts, infographics or posters, books, booklets or Resource Guides.

Intellectual Property Rights: Patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

Course: An online training course or webinar made available by us via our website to customers who have paid for an individual licence or for organisations who by separate arrangement with us have paid for a number of individual licences.

Services: The services that we are providing to you on these Terms.

Terms: The terms and conditions set out in this document.

Writing or Written: Includes email.

2.2 The headings do not affect the interpretation of these Terms.

2.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

2.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.

3. Basis of Agreement

3.1 These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms.

3.2 These Terms take precedence over any other terms and conditions (including your own terms of business) and any course of dealing or industry practice.

4. Data protection

We collect and process personal data in accordance with our Privacy Notice, which can be viewed at www.louisehiles.com/privacy-policy.

5. Intellectual property

We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Services and any materials, content or other work provided as part of any Goods or Services supplied by us, and nothing in these Terms of otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Services or such materials.

6. General

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

7. Written communications

You agree that our communication with you will be mainly electronic and via email.  We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

8. Notices

All notices given by you to us must be given to Louise Hiles at Quayside i4, Ouseburn, Newcastle upon Tyne, NE6 1LL. We may give notice to you at the e-mail address you provide to us when placing an order.  Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

9. Transfer of rights and obligations

9.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

9.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

10. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

11. Waiver

11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

12. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13. Entire agreement

13.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

14. Our right to vary these terms and conditions

14.1 We have the right to revise and amend these terms and conditions from time to time.

14.2 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).

15. Law and jurisdiction

Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Our terms for online courses

This section specifically tells you the terms and conditions (Terms) on which we supply any of the courses or webinars (‘Courses’) listed on our website at www.louisehiles.com or louisehilescoachingtherapy-site.thinkific.com to you. Please read these Terms carefully before ordering any Courses from our site as you will be bound by them.

16.1 How the contract is formed between us

16.1.1 After placing an order, you will receive an on-screen notification acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order is an offer to us to buy a Course.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access or download (the Download Confirmation).  The contract between us (Contract) will only be formed when we send you the Download Confirmation. We reserve the right to cancel the Contract for any reason without explanation and if we do so we will refund the full monies paid by you.

16.1.2 The Contract will relate only to those Courses whose access or download we have confirmed in the Download Confirmation email.  We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.

16.1.3 If you are purchasing a Course as a consumer (as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) – namely you are buying the course as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession – the following shall apply:

1. you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at hello@louisehiles.com or by writing to us at our registered office address. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

2. notwithstanding paragraph 1.3(1) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 1.3(1) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

3. in relation to the provision of any additional services under this Contract:

1. you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

2. if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

If you are not purchasing as a consumer (for example, but not limited to, as part of your work as a mental health professional), the above provisions shall not apply.

16.2 Availability

16.2.1 Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact us at hello@louisehiles.com to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course. We also shall not be liable for any delay in the access to or download of any Course if you have wrongly entered your email address in the order form, or if the Download Confirmation email does not arrive.

16.2.2 Any digital materials included as part of the course require the following hardware and software and other functional requirements in order to be fully used: an up-to-date web browser, a broadband internet connection, speakers for the playing of sound, and any other technical functionality as normally required to access pages on the internet.

16.3 Title and Intellectual Property

16.3.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.

16.3.2 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We licence all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.

16.3.3 We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.

16.3.4 You may not share access to your online account on our site with any other person and allow them to use your account to use our Course. Each purchase grants a licence for one Course to one person (You) only.

16.3.5 You may not without our prior written consent make any audio or visual recordings of any part of the course. Any downloads of material made available as part of the course should remain at all times in your possession and not be shared, sold, published, or distributed, and reasonable care should be taken to secure any of your devices on which our material is stored so that it cannot be accessed by unauthorised individuals.

16.3.6 The materials we deliver as part of the Course do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the materials within the course.

16.3.7 We will endeavour to ensure that all information that we provide within the course is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

16.4 Price and payment

16.4.1 The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.

16.4.2 These prices include VAT where applicable except where expressly stated otherwise.

16.4.3 Where your order includes ongoing access to the course materials (for example when it is offered with ‘lifetime access’), this means that the material can be downloaded and held by you indefinitely. However, we do not warrant to continue to provide the material for access via our website indefinitely, but should it be removed from our website we will endeavour to provide you with at least one month’s notice (except where the removal of said content is beyond our control) so that you can take steps to download any material that you would like to continue to use and have ‘lifetime access’ to.

16.4.4 Our intention is to provide the best material possible on each Course, and so from time to time it may be necessary for us to update the contents of a Course in order to improve it, correct errors or include new research or learnings. Such minor updates will be provided at no further cost to you, and no notice will be given up of these updates. If you wish to retain the Course in the status in which you first purchased it, we recommend that you download it in its entirety immediately after purchase.

16.4.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.

16.4.6 Payment for all Courses must be by such payment method as is specified on our website. If we provide the option to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.

16.5 Refunds

16.5.1 As you are able to download, make use of, download and copy the Course immediately, we will only offer refunds or exchanges in very limited circumstances at our discretion and only where there is clear evidence from our Learning Management System (LMS) software that the purchased content has not been accessed or started. We may at our discretion charge an administration fee not exceeding 50% of the original purchase price for this option in order to cover the cost of staff time to effect the change.

16.5.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

16.6 Our Liability

16.6.1 Our Courses are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.

16.6.2 Nothing in these terms attempts to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).

16.6.3 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.

16.6.4 By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:

1. loss of income or revenue

2. loss of business

3. loss of profits or contracts

4. loss of anticipated savings

5. loss of data, or

6. waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise.

16.6.5 By placing an order for a Course, you agree that in no circumstances shall anything said in the Course be construed as professional advice and you should not rely on it as such. You agree that the contents of a Course are intended for information and general guidance only. You agree that professional advice should be obtained before taking or refraining from taking any action as a result of the contents of a Course. We disclaim all liability and responsibility arising from any reliance placed on any of the contents of a Course.

17. Our terms for Downloadable Material

This section specifically tells you the terms and conditions (Terms) on which we supply any Downloadable Material from our website.

Please read these Terms carefully before downloading any content from our site as you will be bound by them.

17.1 How the contract is formed between us

17.1.1 After placing an order, you will receive an on-screen notification acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order is an offer to us to buy the Downloadable Material.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Downloadable Material is available for access or download (the Download Confirmation).  The contract between us (Contract) will only be formed when we send you the Download Confirmation.

17.1.2 The Contract will relate only to those Downloadable Materials whose access or download we have confirmed in the Download Confirmation email.  We will not be obliged to supply any other Downloadable Materials that may have been part of your order until the access or download of such Downloadable Material has been confirmed in a separate Download Confirmation.

17.1.3 If you are purchasing a Downloadable Material as a consumer (as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) – namely you are buying the course as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession – the following shall apply:

1. you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at hello@louisehiles.com or by writing to us at our registered office address. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

2. notwithstanding paragraph 17.1.3.1 above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 17.1.3.1 above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

3. in relation to the provision of any additional services under this Contract:

1. you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

2. if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

If you are not purchasing as a consumer (for example, but not limited to, as part of your work as a mental health professional), the above provisions shall not apply.

17.2 Availability

17.2.1 Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact us on hello@louisehiles.com to advise us that the Downloadable Material has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Downloadable Material. We also shall not be liable for any delay in the access to or download of any Downloadable Material if you have wrongly entered your email address in the order form, or the Download Confirmation email does not arrive.

17.2.2 Any Downloadable Material requires the following hardware and software and other functional requirements in order to be fully used: an up-to-date web browser, a broadband internet connection, and any other technical functionality as normally required to access pages on the internet including a PDF reader.

17.3 Title and Intellectual Property

17.3.1 You will only be entitled to use the Downloadable Material when we receive full payment of all sums due in respect of the Downloadable Material.

17.3.2 As between us and you, all Intellectual Property Rights and all other rights in any Downloadable Material shall be owned by us. We licence all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Downloadable Material.

17.3.3 We shall enforce our Intellectual Property Rights in the Downloadable Material to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A DOWNLOADABLE MATERIAL IS STRICTLY PROHIBITED WITHOUT AGREEMENT FROM US IN WRITING.

17.3.4 You may not share access to your online account on our site with any other person and allow them to use your account to use our Downloadable Material.

17.3.5 You may not without our prior written consent make any audio or visual recordings of any part of the Downloadable Material. The Downloadable Material should remain at all times in your possession and not be shared, sold, published, or distributed, and reasonable care should be taken to secure any of your devices on which our material is stored so that it cannot be accessed by unauthorised individuals.

17.3.6 The Downloadable Material does not in any way constitute advice or recommendations. We are providing information and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the Downloadable Material.

17.3.7 We will endeavour to ensure that all information that we provide within the Downloadable Material is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

17.4 Price and payment

17.4.1 The price of any Downloadable Materials will be as quoted on our site from time to time, except in cases of obvious error.

17.4.2 These prices include VAT where applicable except where expressly stated otherwise.

17.4.3 For the avoidance of doubt, these terms also apply to any Downloadable Material which is offered by us at zero cost.

17.4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.

17.4.5 Payment for all Downloadable Material must be by such payment method as is specified on our website. If we provide the option to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.

17.5 Refunds

17.5.1 As you are able to download, make use of, download and copy the Downloadable Material immediately, we do not offer any refunds.

17.6 Our Liability

17.6.1 Our Downloadable Material is provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Downloadable Material as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.

17.6.2 Nothing in these terms attempts to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).

17.6.3 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Downloadable Material purchased.

17.6.4 By purchasing a Downloadable Material, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:

1. loss of income or revenue

2. loss of business

3. loss of profits or contracts

4. loss of anticipated savings

5. loss of data, or

6. waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Downloadable Material, under any law or on any basis whatsoever whether contractual or otherwise.

17.6.5 By placing an order for a Downloadable Material, you agree that in no circumstances shall anything said in or on the Downloadable Material be construed as professional advice and you should not rely on it as such. You agree that the contents of a Downloadable Material are intended for information and general guidance only. You agree that professional advice should be obtained before taking or refraining from taking any action as a result of the contents of a Downloadable Material. We disclaim all liability and responsibility arising from any reliance placed on any of the contents of a Downloadable Material.