Misfit Enterprise Ltd / Ebonie Allard
Online Trading Terms
(In addition to these terms, when you become a part of our community, you agree to abiding by our manifesto.)
To become a client you will have ticked a box and agreed to these terms. If you would like them emailed to you, along with the details of your package, please ask.
I am so happy you have decided to use or buy my services, products or resources - please read the following important terms and conditions before you commit to using or buying them.
This contract sets 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. Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services and products.
In this contract:
- ‘I’, ‘me’ or ‘my’ means ‘MISFIT ENTERPRISE LIMITED’ trading as Ebonie Allard; and
- ‘You’ or ‘your’ means the person buying or using my services, products and resources.
If you would like to speak to me about any aspect of this contract, please contact my team by e-mail at email@example.com
I am a certified personal performance coach, trained business coach and accredited yoga practitioner and I provide life, business and mindset coaching and related products for creative, visionary and entrepreneurial people.
Misfit Enterprise Limited is a Company registered in the UK and my registered office address is: c/o Bainbridge Lewis Limited, 24a Castle Street, Brighton, East Sussex, BN1 2HD.
1.1 If you buy or use any services or products from me (any reference to ‘services’ in this agreement is to coaching services) you agree to be legally bound by this contract.
1.2 If you use any of my free resources (for example podcasts, workbooks, chemistry / 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.
1.3 When buying any services, products or using any resources you also agree to be legally bound by:
1.3.2 extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3 specific terms which apply to my services or products, for example product, programme or service descriptions which may be set out on the webpage for that programme or product, in email correspondence between us or in a document called a services description which we shall agree between us. If you want to see these specific terms, please visit the relevant webpage for the programme or product, look at the services description which I have provided or request it from me.
All these documents form part of this contract as though set out in full here.
2. Information I give you
2.1 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. If you use my products or services for your business, these sections will not apply to you. 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 product, programme or service description we agree between us.
Information I shall give you
|I shall give you information on:
the main characteristics of the services or products you want to buy
who I am, where I am based and how you can contact me
the total price of the services or products
the arrangements for payment, carrying out the services and the time by which I shall carry out the services or delivery of the product
how to exercise your right to cancel the contract
my complaint handling policy
3. Ordering services or products from me
3.1 Below, I set out how a legally binding contract to buy services or products between you and me is made:
3.2 You place an order either on the site by clicking on the relevant payment link or I shall send you the link by email or we shall agree another means of payment. Please read and check your order carefully before submitting it.
3.2.1 When you place your order at the end of the online checkout process by clicking on the payment link on my site, or by clicking on the payment link I send to you by email, I shall acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 Any quotation for services given by me before you make an order for services is not a binding offer by me to supply such services. Any prices set out in a quotation remain valid for 30 days unless the price quoted is a special offer in which case it will specify an expiry date for that offer.
3.2.3 When you decide to place an order for services or products with me, this is when you offer to buy such services or products from me.
3.3.4 I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services or products, or my circumstances have changed since I gave you the quotation for the services .
3.3.5 I shall only accept your order when I confirm this to you by sending you a confirmation email or delivering the product or services. At this point:
a) a legally binding contract will be in place between you and me, and
b) I shall deliver the product or start to carry out the services as set out in the programme description on this website or in a services description agreed between us.
4. Carrying out the services
4.1 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.
4.2 I shall carry out the services within the time period which is set out in the programme description or in a services description.
4.3 My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but 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 internet failure or other IT problems, if I am ill or if you change the services you require from me and I have to do extra preparation.
5. One to One Coaching
5.1 All one to one coaching sessions must be taken within the timeframe specified in the programme description or services description or they will expire.
5.2 Unless we agree otherwise, you can rearrange any two coaching sessions during a coaching programme providing you give me at least 48 hours’ notice. If you give me less than 48 hours’ notice or have already rearranged 2 sessions in a coaching programme, unless I agree otherwise with you in advance, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
5.3 Coaching sessions usually take place remotely via the means of communication agreed with you in advance.
6. Group Coaching and M2M360 Membership
As part of your membership or group coaching you will gain access to a dedicated online membership area. You will be provided with a username and password to gain access to this area and it is important that you keep this information secure and do not share it with others. The access to the membership or group coaching area of the website is for you personally and if you allow others to access this area I shall have the right to terminate your membership or coaching contract with immediate effect.
7. Digital Products (including but not limited to M2Mf) - no right to cancel or ask for a refund once downloading starts
7.1 When you buy a digital product from me:
7.1.1 you have no right to cancel this contract or ask for a refund once you start downloading the product; and
7.1.2 you must read the following statement, agree to it, and tick the relevant box when buying the digital content: ‘I hereby consent to immediate performance of this contract when clicking on the ‘pay now’ button and acknowledge that I will lose my right of withdrawal from the contract or to ask for a refund once the download of the digital content has begun’.
7.1.3 If you are a consumer, you have certain legal rights, including that the digital products are of satisfactory quality and match their description.
8. Your responsibilities
8.1 You will pay the price for the products or services in accordance with the product, programme or services description.
8.2 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.
8.3 When you attend coaching sessions you will ensure that you are not undertaking any other activities at the same time, such as driving or answering emails. This is to ensure that you are able fully to concentrate on our session and maximise the benefits of it.
8.4 Coaching is not therapy or counselling. It may involve all areas of your life, including work, finances, relationships and education. You acknowledge that deciding how to handle these issues and the choices you make in relation to them is exclusively your responsibility. For this reason I cannot guarantee any specific outcomes when you use my products or services or that all clients will achieve the same results.
8.5 My role is to offer you insight and accountability and help you make positive lifestyle and business 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.
8.6 Coaching does not treat mental disorders and is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use my services or products in place of any form of therapy.
8.7 If you are currently receiving treatment from a doctor or other healthcare professional and are entering into one of my coaching programmes, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant programme or services description.
8.8 If you are using my coaching services you will keep me informed of any changes to your medical health or personal circumstances.
9. Charges and payment for one to one and group coaching
9.1 The price for the service is set out in the relevant programme or services description.
9.2 The fees are non-refundable except for:
9.2.1 where I cancel a coaching programme other than under 17.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received; and
9.2.2 if you are a consumer, your right to a ‘cooling off’ period as described below.
9.3 Payment is via the ‘pay now’ button on this website or as agreed between us or set out in the relevant product or services description.
9.4 I require payment in advance for coaching services. Coaching is sold by package only. In certain circumstances I may agree to payment by instalments, in which case a supplementary fee may be chargeable. If I agree to accept payment by instalments for coaching services and you fail to make any of the instalment payments on the due date then I reserve the right to invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return and in addition I shall charge you a late payment fee of £50 to cover the administration costs involved in chasing payment.
9.5 If your full payment or any instalments are not paid on the due date, all coaching sessions will cease and I may charge interest on any balance outstanding at the rate of 4 percentage points a year above Lloyds TSB Bank plc's base rate.
10. Charges and payment for M2M360
10.1 The price for membership is set out on the M2M360 webpage.
10.2 Payment is monthly in advance via the ‘pay now’ button on this website.
10.3 I may cancel your membership at any time by giving you one month’s notice in writing.
10.4 You may cancel your membership at any time by cancelling your subscription via our Thrivecart customer hub - the link for which is provided in the members area. In which case you will cease to have access to the M2M360 resources, including the FaceBook group, from the end of the period in respect of which you have paid your Fees.
11. Right to cancel contracts for services for consumers
11.1 The right to cancel does not apply where coaching is for the purposes of your business or profession.
11.2 If you are a consumer and you buy services from me you have the right to cancel this contract within 14 days without giving any reason.
11.3 The cancellation period will expire 14 days after the commencement of the contract.
11.4 However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel.
11.5 As you have immediate access to the M2M360 and M2Mf resources as soon as you sign up, the 14 day cancellation period does not apply to M2M360 or M2Mf.
11.6 Following confirmation from you under 11.4, if you start a one to one or group coaching programme during the cancellation period and subsequently decide that you do not wish to proceed with the sessions, I am not able to refund to you any of the payments you have made as payment is for the programme as a whole and not for individual sessions. This is a reflection of the 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 policy also helps you with your own accountability and commitment to improving your life and your business through the services.
11.7 If you buy digital products from me you do not have any right to cancel or ask for a refund once downloading starts.
12. Effects of cancellation
12.1 If you are a consumer and you cancel a contract for services in accordance with the 14 day cooling off period in clause 11.2, I shall reimburse to you all payments received from you except where I am allowed to keep such payments such as where I have started carrying out the services within the 14–day cancellation period.
12.2 I shall make the reimbursement promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
13. Intellectual property
13.1 If I provide you with any materials during the services, whether digital or printed, and if you buy any digital or other products from me, any intellectual property in those materials or products belongs to me. I give you permission (known as a ‘licence’) to use and enjoy those materials and products in accordance with this contract. You can only use those materials or products for your own personal use and you may not share them with, or sell them to, third parties. If you wish to share or sell them to third parties, please contact me in relation to a license agreement.
13.1 If you participate in any group sessions, for example as part of a group coaching programme or M2M360, you will not breach the intellectual property rights of any participants in those sessions, including (without limitation) copyright, patents, trademarks, trade secrets and knowhow.
14. How I may use your personal information
14.1 I shall use the personal information you give to me to:
14.1.1 provide the services or products;
14.1.2 process your payment for the services or products; and
14.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
14.2 I shall not give your personal information to any third party unless you agree to it.
15.1 All information shared by you 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.
15.2 Where you participate in any group sessions, for example as part of a group coaching programme or M2M360, 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.
16. Resolving problems
16.1 In the unlikely event that there is a problem with the services or products, 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.
16.2 I may at my option vary or re-perform the services or replace the products if there is a problem and the terms of this agreement will apply to any re-performed services or replacement products.
16.3 If you are buying products or services from me 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.
17. End of the contract
17.1 If a programme or services description specifies a length of time for services to be provided, then subject to clause 17.2 below, the services will terminate at the end of that timeframe.
17.2 Either you or I may terminate the services and this contract immediately if:
17.3 the other party commits any material breach of the terms of this contract or 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 this contract will be terminated if the breach is not resolved; or
17.4 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
17.5 I may suspend or terminate your contract for services or membership of M2M360 immediately if in my opinion you are disruptive to or impede the progress of the programme or group or if you do not follow the ‘Misfit to Maven Way’, which is set out on the relevant webpage.
17.6 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract.
18. Limit on my responsibility to you
18.1 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:
18.1.1 losses that:
a) were not foreseeable to you and me when the contract was formed
b) that were not caused by any breach of these terms on my part
18.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
18.2 My total liability to you is limited to the amount of fees, if any, paid by you for the services or the price of the products.
19.1 I shall try to resolve any disputes with you quickly and efficiently.
19.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take the matter further we shall attempt to settle it first by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. This clause does not affect the freedom of either of us to commence legal proceedings to preserve a legal right or remedy or to protect any intellectual property rights or trade secrets.
19.3 If either of us need to commence court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.
19.4 The law of England and Wales will apply to this contract.
20. Third party rights
20.1 No one other than a party to this contract has any right to enforce any term of this contract