The Power Community
Terms and Conditions
- The Agreement
The Client is agreeing to enter into a group coaching community membership, (‘the community’) with Autonomy Development Limited. Our business address is 9 Coronation Street, Newark, nottinghamshire, NG24 3BD. Our business registration number is 11243217 and our VAT Registration Number is 379093260. Autonomy Development Ltd is referred to in this document as “We”, “Our” or “Us”.
- The Services
2.1 The Services (“Services”) we shall deliver as part of ‘the community’ are as follows:
2.1.1 On a month by month basis, a rolling programme of events and community around a monthly professional and personal development theme.
2.1.2 One or two guest experts sessions of 90 minutes duration.
2.1.3 Access to a private Facebook community to support you between sessions. We agree to use our best endeavours to respond to all questions within 24 hours Monday to Friday for the duration of the Programme.
2.1.4. An event providing overview of the months theme and related development exercises
2.1.5. A group coaching call of 90 minutes duration
Any additional contact or support you request that is not included in the Services above will require separate terms and conditions and separate fees will apply.
2.2 Our delivery of the Services will be subject to these Agreement terms and you accept them when you agree to subscribe to ‘the community’ and provide payment, unless we agree in writing otherwise.
2.3 Your Agreement shall begin when this Agreement is signed and will continue on a month by month basis.
2.4 We shall confirm the date and time of each Session and event by posting in ‘the community’ Facebook group the month prior to the month in question.
2.5 We reserve the right to make amendments, revisions or changes to ‘the community’ or cancel, amend, change or reschedule any part of ‘the community’ as are necessary and reasonably required by us. We shall not be liable to you for any changes or cancellations that are made.
- Your Obligations
3.1 You accept and understand that it is your responsibility to regularly check your ‘the community’ Facebook group for Session dates and times.
3.2 You accept and understand that the group coaching sessions are subject to the provision of a confidential space and as such will not be recorded and in the event you are unable to attend a Session, or where you fail to attend a scheduled Session, then you shall simply forfeit the right to that Session.
3.3 You accept that as part of your participation in ‘the community’ that you may be required to review and make decisions concerning your personal life, business or career, finances, lifestyle, education and development and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility.
3.4 You accept and understand that participation in ‘the community’ does not guarantee success or results and that you are solely responsible for making decisions and taking appropriate action as a result of anything covered within ‘the community’ and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your participation in ‘the community’ or our delivery of the Services.
3.5 You accept and understand that purchasing membership in ‘the community’ is not a substitute for professional therapy services. If you are currently undergoing medical or other professional help concerning your mental health then you may wish to provide your practitioner with details of ‘the community’ and inform us if you deem this to be appropriate and relevant.
3.6 You accept and understand that you are responsible for attending the Sessions at the scheduled time and during such Sessions to participate fully, and communicate openly and honestly.
3.7 You acknowledge and understand that ‘the community’ is a group membership community and that the Sessions are group sessions hosted by us. You agree to conduct yourself in a reasonable and responsible manner at all times during Sessions, and throughout the duration of your membership, and not to act in a manner which may cause offence, distress or alarm to any other member of ‘the community or any other individual who is a member of any of our associated networks and/or groups which you may have access to.
3.8 In the event you act in a way which is disruptive, or which causes offence, distress or alarm, to any other member or Member then you will be excluded from the Session and /or removed from any or all of the supporting online platforms in place for ‘the community’. Following such removal and exclusion we shall arrange a call or meeting with you to discuss the matter and to determine whether you will be removed and/or excluded permanently from ‘the community’. Such a decision will be at our absolute discretion.
3.9 Should you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our Groups, during Sessions or during the delivery of any of our Services you agree to notify us as soon as possible.
3.10 Should you have any concerns whatsoever in relation to our delivery of this Programme then you agree to provide us with details by email as soon as possible and allow us a reasonable time to investigate and resolve your issues before taking any further action.
3.11 You accept and understand that, once signed, this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement and that no refunds apply.
3.12 You agree that any information, support, materials or guidance provided as part of the Services are intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise, and does not constitute legal, medical or health advice.
3.13 You agree that you will not canvass, promote or advertise your products or services to any of our employees, clients, or contractors, or any other Member in ‘the community’, or use your participation within ‘the community’ to canvass, promote or advertise your products or services without the our express consent, such consent will not be unreasonably withheld.
- Our Obligations
4.1 We agree to deliver the content and Services of ‘the community’ to you with reasonable care and skill.
4.2 If we have to cancel a Session then we shall use our best endeavours to provide you with as much notice as possible.
- Payment terms
5.1 The monthly fee for your membership in ‘the community’ is £47 per month. This includes VAT. (the Fee).
5.2 Payment of the Fee shall be made via ????
- Late or no Payment
6.1 You shall be responsible for paying the Fee in full and on time each month of the duration of your membership
6.2 Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 5 days overdue then:
6.2.1 We shall be entitled to withhold delivery of Services until payment has been made in respect of the outstanding amount; and
6.2.2 A fixed administration fee of £50 shall be added to your account
6.3 If payment of the Fee is beyond 10 days overdue then we shall be entitled to cancel our Agreement and seek recovery of the Fee along with any associated costs.
- Refund Policy
7.1 No refund policy shall apply to your purchase of the Programme, save for Clause 8.1.
7.2 In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. Should you have any concerns with the Services then you agree to notify us in accordance with this Agreement. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £250 per hour.
- Cancellation and Termination
8.1 Starting from the date of this Agreement there shall be a cooling off period of 14 days during which time you shall be entitled to provide us with notice of cancellation and you will be entitled to a refund of all sums paid in connection with this Agreement, less any amount for any Services which have already been provided by us within that period.
8.2 You shall be entitled to end this Agreement by providing us with 14 days notice of cancellation. Please remember that, unless the circumstances set out in clause 8.1 above apply, no refunds will apply and you’ll remain liable for full payment of the Fee despite any notice of cancellation.
8.3 Where you choose to exercise your right to cancel in accordance with Clause 8.1, you agree and accept that we shall be entitled to a sum of no more or less than £47 to account for our upfront time and effort associated with the Services.
8.4 We shall be entitled to limit the Services or suspend, and/or terminate this Agreement with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determines that you have:
8.4.1 Committed a material breach of any of your obligations under this Agreement; or
8.4.2 Failed to provide payment of any sum due to us as and when it becomes due; or
8.4.3 Become subject to a bankruptcy or similar financial order or proceedings; or
8.4.4 Acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or
8.4.5 Failed to positively engage with the Services or impaired the delivery of the Services to you or another Member; or
8.4.6 Acted in a way which is abusive or is intended to cause offence to us or another Member; and/or
8.4.7 Failed to abide by any term of this Agreement or any other guidance we may provide whether such action constitutes a material breach or not.
8.5 Upon termination of this Agreement for any reason:
8.5.1 Your access to all Services, access to any private social media accounts or Groups, and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access;
8.5.2 Any Fee or other monies owing to us shall become immediately due and payable;
8.5.3 Any term of this Agreement which either expressly or by its nature relates to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect;
8.5.4 In the absence of any earlier termination in accordance with this Clause, this Agreement will terminate as set out in Clause 2.3.
- Events outside of our control
9.1 Every effort will be made to deliver the Programme and the Services in accordance with this Agreement but we shall not be liable for any delay or failure in provision or delivery of the Programme or Services should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of the universe (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Programme shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Programme, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
9.2 Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring prior to termination. Any refunds will be considered at our discretion.
- Confidentiality, Intellectual Property and Data Protection
10.1 For the purposes of this Agreement, Confidential Information shall mean personal information, ideas, any business practices, materials, content, documents, video and audio recordings, presentations, resources, downloads, podcasts, workbooks or any other confidential and/or proprietary information (“Confidential Information”).
10.2 In order for you to benefit fully from ‘the community’, you accept that you and other Members may be invited to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own benefit or for the benefit of any other person or entity any Confidential Information that you may disclose to us or that may be disclosed as part of your participation in the Programme other than to our employees, contractors, agents or advisors, to the extent necessary for delivery of the Programme.
10.3 Confidential Information, for the purposes of this Agreement excludes any information that was already known to us prior to being provided with that information by you; is already accessible in the public domain; is provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or is produced, developed or collated by us independently of you and without any breach of the terms of this Agreement.
10.4 For the purposes of this Agreement, Personal Data shall mean any information or data which is capable of identifying you. Where we process your Personal Data we shall do so in accordance with the terms of our Privacy Notice.
10.5 We are grateful to receive testimonials, comments, reviews, images or similar information (“Reviews”). As part of this Agreement you consent for us to exhibit, copy, publish, distribute, use on or in any of our website, pages, other social media sites, advertising, marketing campaigns or email communications any of these Reviews as we reasonably require to lawfully promote our business. You can withdraw your consent at any time by emailing us.
10.6 By purchasing membership in ‘the community’ you hereby agree and undertake that from the date of this Agreement:
10.6.1 Not to infringe any of our, or any Member’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;
10.6.2 That any Confidential Information disclosed by us or another Member is confidential and proprietary, and belongs solely and exclusively to us or the Member that disclosed it;
10.6.3 Not to disclose, communicate, reproduce, distribute, make available to or use for your own benefit, whether personally or commercially, and whether directly or indirectly, our Confidential Information and any other materials and resources provided during delivery of the Programme or use it or them in any manner other than as necessary as part of your participation in the Programme;
10.6.4 Not to use any of our Confidential Information or other materials or resources for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation;
10.6.5 That all information and data provided by us or any other Member, whether marked Confidential or not is that party’s confidential and proprietary intellectual property and belongs solely and exclusively to the disclosing party, and may only be used by you as expressly authorised by the disclosing party and nothing in this Agreement constitutes a transfer of any intellectual property or grant of a license or any right to use unless expressly agreed in writing by the disclosing party;
10.7 As part of our delivery of the Services we shall grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access and use the materials and resources we provide solely for your private and personal use. Your licence becomes valid upon payment of the Fee and any other monies owing to us.
10.8 Where any of the materials and resources we provide contain intellectual property belonging to a third party, your use of that material will be governed by that third party’s terms and it shall be your responsibility to seek consent to use that material. We will not be liable to you in connection with your use or attempted use of any materials which contain intellectual property belonging to a third party.
10.9 The obligations set out above shall not apply where it is necessary for us to disclose Confidential Information and/or Personal Data in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.
10.10 The obligations contained within this clause shall survive termination.
- Liability
11.1 You accept and acknowledge that entering into this Agreement does not establish any form of legal business relationship and that we are only liable to you in respect of the Services provided and to the extent as set out herein.
11.2 We have made every effort to accurately represent ‘the community’ and the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.
11.3 We shall not be liable to you for any indirect, consequential or special damages.
11.4 In the event you incur damages as a result of our default or violation of any of the terms of this Agreement, then our entire liability under this Agreement is limited to the Fee amount paid by you to us as at the time the loss is sustained.
11.5 Throughout the duration of the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our company, agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
11.6 Should a dispute arise between us in connection with this Agreement which we are unable to resolve amicably then we both agree to refer the matter to an independent mediator for resolution. In the event an agreement can still not be reached then legal action can be commenced.
11.7 Neither one of us shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure is due to any cause beyond that party’s reasonable control.
11.8 You agree to indemnify us against any costs, liability, damages, loss, expenses, claims that we incur as a result of your default or violation of any term of this Agreement.
- Notice
12.1 Any reference in this Agreement to the provision of a notice shall mean notice in writing sent by email to the email address included in this Agreement. All emails will be taken as delivered 48 hours from valid transmission.
12.2 If you change your contact email address it will be your responsibility to notify us so that we can update your records.
- General
13.1 The failure of either one of us to actively enforce any provision of this Agreement shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).
13.2 In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
13.3 This Agreement represents the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to the date this Agreement is signed.
13.4 You agree that no other representations have been made by us to induce you into purchasing membership of ‘the community’ and no modification to this Agreement shall be effective unless in writing and signed by us both.
- Applicable Law
14.1 This Agreement is formed in the United Kingdom which is our principal place of business, and this Agreement and the rights of us both shall be governed by the laws of England and Wales.
I confirm that my signature indicates my full understanding and agreement with the information outlined above.