Introduction
The Terms and Conditions (‘Terms’) describe how Jay Arnott Coaching in the United Kingdom (‘Trader’,’ ‘we,’ and ‘our’) regulates your use of the coaching service and use of our coaching services and website http://www.jayarnott.com (the ‘Website’).
Please read the following information carefully to understand our overall practices and regarding the use of our website. The Trader may change the Terms at any time. The Trader may inform you of the changes to the Terms using the available means of communication. The Trader recommends you to check the website frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
Privacy Policy
Our Privacy Policy is available on a separate page which explains to you how we process information about you. You shall understand that through your use of the website you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.
Website Accounts
When using the website as means of a membership site or related to this in any way, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Trader is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Trader may refuse or cancel service, terminate your account, and remove or edit content.
The Trader does not knowingly or willingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and may not enter into the Terms under any circumstances.
Services
The website allows you to use Services available on the website. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the website for you. All prices are published separately on relevant pages on the website. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems, which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
Third Party Services
The website may include links to other websites, applications, and platforms (hereinafter the ‘Linked Sites’).
The Trader does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Trader makes these links available to you for providing the functionality or services on the website.
Prohibited Users and Intellectual Property
The Trader grants you a non-transferable, non-exclusive, revocable license to access and use the website from one device in accordance with the Terms.
You shall not use the website for unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere in the website.
All content present on the website includes text, code, graphics, logos, images, compilation, software used on the website (hereinafter and hereinbefore the ‘Content’).
The Content is the property of the Trader or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Trader does not grant you any licenses to the intellectual property of Jay Arnott Coaching.
Company Materials
By posting, uploading, inputting, providing or submitting your Content you are granting the Trader to use your Content in connection with the operation of Trader’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Trader shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
Disclaimer of Certain Liabilities
The information available via the website may include typographical errors or inaccuracies. The Trader shall not be liable for these inaccuracies and errors.
The Trader makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the ‘as is’ basis. The Trader disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Trader be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the coaching, implementation of learning content, or the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless the Trader, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including solicitors, lawyers, attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy, engage, in the coaching process, training events, the website learning content or its services and the Trader’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Trader may assume the exclusive defence and you shall cooperate with the Trader in asserting any available defences.
Termination and Access Restriction
The Trader may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.
Miscellaneous
The governing law of the Terms shall be the substantive laws of the country where the Trader is set up, except the conflict of laws rules. You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Trader as a result of the Terms or use of the website.
Nothing in the Terms shall be a derogation of the Trader’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Trader.
The Terms constitute the entire agreement between you and the Trader regarding the enjoyment of the website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Trader.
The Trader and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Trader’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of the Trader’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Trader and you relating to the website or other related issues, or the Terms, you and the Trader agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Trader is set up.
Results & Case studies
Results from previous case-studies in our literature, on the website, and through other media platforms are intended to be viewed as un-typical.
As coaching is subjective and depends on numerous factors which include but are not limited to differentiation of learning styles, coachee enthusiasm, other behavioural and environmental factors, and how much time the coachee commits to task and implements strategies with many factors remaining outside the Trader, Jay Arnott Coaching’s control, and in line with our ethics, result-based guarantees will not be offered.
Complaints
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, our coaching practices, or anything else, please contact us through our website.
We will reply to your complaint as soon as we can and in any event get an initial response within 72 hours, a reply within 14 days with a view to this being resolved within a 30 day period.
We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local advice bureau or data protection supervisory authority.
Satisfaction Guarantee
For long-term coaching whether it is one-to-one, group, online or face-to-face, should you feel dissatisfied with the standard of service you can request a refund within 28 days of your full payment.
This satisfaction guarantee also applies to instalment plans in which case the payments would stop and any money paid during that 28 day period would be refunded.
If on an instalment plan and your request is after the 28 day period then in line with the Contract your payments must continue.
Please see Refund Policy for more details.
Attendance, Cancellations & Rescheduling
For all one-to-one, face-to-face, online, or block booked sessions a cancellation period of a minimum of 24 hours is required.
Sessions can also be rescheduled within or in advance of this 24 hour period.
If a session fails to start within 20 minutes due to the client regarding any form of delay, be it technology, dis-organisation or personal circumstance without acceptable and legitimate reason, the session will not be counted as a cancellation and will be lost.
For group programs, it is the coachee’s responsible to manage their own time, commit time to content, and attend live coaching events as part of the program to get the most out of it.
Contact Information
We welcome your comments or questions about our Terms of Service. You may contact Jay Arnott Coaching through the contact information available on the website.
Refund Policy
Scope: When you pay for coaching you pay for a process, it’s a commitment between two parties, you are not paying by the hour, nor can the cost be divided into sessions which can be recouped at a later date.
There will be no refunds unless in exceptional emergency circumstances or if Jay Arnott Coaching is unable to deliver your coaching and no refunds for online digital products or courses unless the product is faulty.
Payment
All sessions need to be paid in full in advance unless agreed otherwise by instalment. Payment needs to be made preferably by bank transfer. Please see the coaching Intake Form section for full payment details.
Once payment is received, all sessions can be booked.
Coaching Lifespan
To maintain focus, commitment and consistency, initial one-to-one coaching programs or packages need to be used, ideally, within a three-month period and strictly no longer than a six months.
After that, any unused sessions will become void, non-returnable, and non-refundable.
Lifetime Access
Lifetime access refers to online programs, meaning ‘the lifetime of a program that has no expiry date which is not expected to be infinite.’
Whether it is accessing online content or live coaching, when booking, users agree to view and accept this term sensibly, realistically.