Terms of Use

For the website Calmwards.com.

For Virtual Coaching and Virtual Wellbeing Retreats purchased from Calmwards.

 

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Terms of Use

 

CALMWARDS WEBSITE


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website www.calmwards.com (the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Calmwards, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark Calmwards are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site or our apps, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, http://www.calmwards.com/pages/privacy-policy/. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of England and Wales, UK, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts sitting in England and Wales, UK. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

 

VIRTUAL COACHING

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PURCHASING COACHING.

By purchasing coaching, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not purchase coaching.

1. General Terms. Time and date of all sessions are subject to availability. The package of 4 virtual coaching sessions must be taken within six months of date payment received. Calmwards has the discretion to stop working with a coaching client at any time for any reason.  The reason for ceasing the relationship will be provided in writing, and in these circumstances a refund in respect of any outstanding sessions will be given.

2. Payments and Bookings. Calmwards virtual coaching is payable at time of booking. Your coaching session date is not secured until payment is made via the Calmwards website at least 48 hours before the session is due to commence. If payment is not made, unless otherwise agreed with Calmwards, the scheduled date and time will be forfeited, and a new session will need to be rebooked.

3. Email Support. Email support for the 4-session virtual coaching package includes a maximum of one request a week for your coach’s commentary or insights into a challenge (maximum 5 requests expiring 6 months from first coaching session).  Calmwards contact email address for coaching support will be provided at time of package purchase.

4. Invoices. Invoice will be emailed to client automatically at the time of payment.

5. Inability to carry out service. In the event of a clear and obvious disruption to Calmwards’ internet service at the time of a scheduled coaching call, the full coaching session will be rearranged at no additional charge to the client. It is the responsibility of the client to ensure they have suitable access to internet, appropriate software (described below) and/or phone line to enable online coaching sessions to take place.  In the event of telephone coaching it is the responsibility of the client to call for the session. The full coaching session (or the remaining part session) will be forfeited if the client is unable to communicate with the coach due to problems with the client’s technology (it is the coach who determines if the communication is sufficient to carry out a coaching call).

5. Cancellation and Refunds. All payments received for Calmwards coaching sessions are non-refundable. There is no refund for time or sessions not used (except as described under General Terms).

6. Amendments to timing of sessions. To rearrange a session, the client must contact Calmwards ([email protected]) at least 48 hours before the session is due to commence and Calmwards will aim to respond and reschedule within 24 hours.  If the client contacts Calmwards less than 48 hours (and more than 24 hours) before a session is due to commence, Calmwards will aim to respond and reschedule within 24 hours of contact and there will be a 50% charge to move the session (payable immediately) – otherwise the session will be forfeit.  If the client contacts Calmwards less than 24 hours before the session is due to take place, payment for that session will be forfeit, and the session will be cancelled with no refund.

7. Gifting Coaching Sessions to Others. If Calmwards is advised in writing at least 48 hours in advance, a booked coaching session can be gifted to another person.  Alternatively, coaching sessions can be purchased as a gift for a third party.  For a gifted coaching session to be formally confirmed we must receive confirmation from the third party in writing of their intention to join the coaching session at least 48 hours in advance of session. If no confirmation is received, unless otherwise agreed with Calmwards, the scheduled date and time will be forfeited, and a new session will need to be rebooked.  Otherwise, standard terms and conditions apply for booking, cancellation and amendments to gifted coaching sessions. Gift sessions must be used within the expiry period advised at the time of purchase.

8. History of Mental Health. Anyone with a history of severe mental health problems (including but not limited to psychosis, PTSD, schizophrenia-spectrum disorders, severe bipolar disorder, severe major depression) should make Calmwards aware of this prior to the session.  The coach may request a call with the client before the session to assess suitability for coaching and to determine whether the client has appropriate professional support available at home.  In any case, the client is responsible for their own health and takes part in coaching at their own risk.

Options for online coaching software (in order of preference):

  • Preferred option:  Zoom video conference (sign up for zoom here https://zoom.us/). Invitation to be sent to client from Calmwards in advance).
  • Google hangouts Meet (only available for gmail or googlemail accounts. Invitation to be sent by email to client from Calmwards in advance)
  • Skype (client to provide Skype address and connect with Calmwards account in advance of session).
  • WhatsApp video or telephone (only available in emergency). Calmwards details to be provided by email in advance of call.

 

VIRTUAL WELLBEING RETREATS

 

1. General Terms. These terms are specific to the virtual wellbeing retreat events.

2. Payments. The virtual wellbeing retreat must be paid in advance at time of booking through the Calmwards website.

3. Access to technology. It is the responsibility of the participant to ensure they have suitable access to wifi and/or internet to enable access to the group wellbeing coaching workshops, virtual group yoga and fitness classes and the virtual lunch. Access to the private Retreat Resources area of the Calmwards website will be provided for all virtual retreat attendees where you will access to online resources relevant to the retreat. The virtual classes and workshops are held using a platform called Zoom. It is your responsibility to download their free software beforehand to be able to participate in the sessions. This may include setting up a Zoom account.

4. Purchase confirmation. A purchase confirmation email is issued automatically once payment has been made.

5. Online Support throughout the weekend. The Calmwards retreat coaches will be in the Zoom meeting room for 15 mins before and after each workshop to answer any questions or queries you might have. As well as running the personal development workshops, they will also be joining the groups during Saturday lunchtime for any extra support required.

6. Cancellations or Amendments by you. Places on the virtual wellbeing retreat are non-refundable. If you are unable to attend, the virtual wellbeing retreat may be gifted to another person if the transfer is received in writing a minimum of 7 days prior to the start of the first retreat workshop. Please note, the retreat workshops and classes are delivered live and will not be recorded.

7. Amendments or Cancellations by Calmwards. Due to unforeseen circumstances, we reserve the right to make changes to the programme timetable. If a significant change becomes necessary, we will inform you as soon as reasonably possible. In the unlikely event that Calmwards cancel the event, you will be entitled to transfer to another retreat of the same value or receive a full refund.  In cases of Force Majeure, please refer to Standard terms and conditions

8. Your health. It is your responsibility to i) complete the health questionnaire prior to the start of the retreat and ii) notify Calmwards in advance if you have any health issues or concerns. As this is an online retreat, it is your responsibility to participate in classes consciously and with awareness, to prevent injuries. Calmwards is not responsible for any injuries that may arise from participation in any of the activities. If you have concerns or wish to speak to one of the instructors, please let us know. 

9. Respect for others. Please be respectful to others during participative times throughout the weekend. Keep your audio muted during the quieter sessions.

10. Group Bookings. The cost of the retreat weekender is valid for only one person’s access to the retreat. If more than one person in a household wishes to join they will need to make payment individually.

11. Mailing List. By signing up to participate in the online retreat, you consent to sign up for our newsletter mailing list. You can unsubscribe from this list at any time, using the “unsubscribe” button that is always included in the marketing emails that we send. 

12. Our responsibility to you. We accept responsibility for ensuring that the virtual retreats are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard. We do not accept any liability for cancellations, delays or changes caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, pandemic, force majeure, industrial action, natural disaster, technical problems to transport, staff cancellations, unforeseen changes in your personal circumstances or other events beyond our control. We are not liable for any injuries you may incur. Activities as part of the retreat are undertaken at your own risk. We are not liable for any medical or psychiatric conditions which may develop during or subsequent to the retreat. We are not liable for loss of, or damage to, your personal property.

13. Complaints. Should you wish to make a complaint, in the first instance please speak to one of our coaches, or email us at [email protected]. We will always do our best to resolve the issue in a timely manner.