Welcome to Heart and Soul People. Please read the following important terms and conditions about your membership.
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 so that we can get on with other, more interesting and fun things. Please let me know if there are any clauses that you do not understand or that contradict your understanding of the membership.
In this contract:
- ‘I’, ‘me’ or ‘my’ and ‘we’, ‘us’ or ‘our’ means Heart and Soul People and
- ‘You’ or ‘your’ means the person buying or using the services and resources.
If you would like to speak to us about any aspect of this contract, please contact us by using our Support page.
Heart and Soul People (the membership) is a learning, sharing, and social membership. It is a private, virtual community. The details are set out on the Home page of this website.
We are a sole trader in England.
- If you sign up to the membership you agree to be legally bound by this contract.
- If you use any of the free resources (for example audio, workbooks, 1:1 conversations or any other resources we 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.
When signing up for the membership or using any resources you also agree to be legally bound by:
- specific terms which apply to the membership which may be set out on the webpage for the membership or in email correspondence between us.
All these documents form part of this contract as though set out in full here.
Information We give you
- Certain sections of this contract only apply to you and us 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. By law, consumer legislation says that we must give you certain key information before a legally binding contract of sale between you and us is made. We shall give you this information in a clear and understandable way either in this contract or the membership description.
Key Information includes:
- The main characteristics of the membership;
- Who we are, where we are based and how you can contact us;
- The price of the membership;
- The arrangements for payment, your access to the membership and any relevant timeframes;
- How to exercise your right to cancel the contract in the cooling off period (where appropriate) if you are a consumer; and
- Our complaint handling policy
Signing up for the membership
Below, we set out how a legally binding contract between you and us is made:
- You sign up for membership either on the site or sales page by clicking on the relevant payment link or we shall send you the link by email.
- When you sign up for membership by clicking on the payment link on the site or sales page, or by clicking on the payment link we send to you by email, you may receive an automatic acknowledgement. This acknowledgement does not, however, mean that you have been accepted into the membership. We may contact you in our sole discretion and refuse entry to the membership, for example if we do not think the membership is right for you or there has been a mistake in the pricing or description of the membership. We do not have any obligation to provide a reason for this refusal.
- 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, you have protection under consumer rights legislation, including that we must provide the membership with reasonable care and skill.
- The availability of the membership might be affected by events beyond our reasonable control. If so, there might be a delay before we can make the membership available again. We shall make reasonable efforts to limit the effect of any of those events, and shall keep you informed of the circumstances. We will try to provide access as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include illness, IT issues and problems with hosting providers.
- In the event that membership resources (or any content added by you or other members) are not available in whole or in part at any time, or become corrupted, are deleted or are failed to be stored, we shall have no liability in any circumstances.
- When you gain access to the resources in the membership, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your access. While we use all reasonable endeavours to provide a quality experience, we cannot make any guarantee as to the resolution or technical quality of the content you will receive.
- In order to gain access to the resources in the membership, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the membership platform and software from time to time. We may change the requirements for compatible devices from time-to-time and, whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.
- We reserve the right to make changes to the membership from time-to-time. The availability of the content, as well as platforms and compatible devices, may change from time-to-time. We also reserve the right to replace or remove any resources and the platforms available to you through the membership, and to otherwise make changes in how we operate it. We may from time-to-time, with respect to any or all members, offer certain features or other elements of the membership, including promotional features, user interfaces, plans, pricing, and advertisements.
- No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the membership, in which case it will result in the immediate cancellation of membership without refund. When you become a member you agree to take all actions possible to protect your login details from fraudulent use. We reserve the right to cancel any membership we believe has been compromised, or is being used fraudulently, at our sole discretion.
- We use all reasonable endeavours to protect our site, but we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
- The membership is not suitable for persons under 18 years of age, and by signing up you confirm that you are eighteen 18 years of age or older.
- Your responsibilities
- You will pay the fees for the membership in accordance with the membership description.
- Account, Password and Security. When you sign up for the membership, you will be required to choose a password and user name. You are responsible for maintaining the confidentiality of your password and other login information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only. You may not use another member’s account without prior authorization from us.
- You acknowledge that deciding how to handle any issues which may arise as a result of your joining the membership, the choices you make in relation to them and whether or not you follow through on any information we provide is exclusively your responsibility. For this reason, although we fully expect great results to come from your participation in the membership, we cannot guarantee any specific outcomes or that all members will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the resources we make available.
- Our resources do not treat mental disorders and are not a substitute for counselling, therapy, mental health care or medical treatment of any kind. By signing up for the membership you confirm that you will not use the resources in place of any form of counselling, therapy or medical treatment.
- If you are currently receiving treatment from a doctor or other healthcare professional, by agreeing to these terms and conditions and signing up for the membership, you confirm that you have consulted with the person treating you regarding the advisability of signing up for my membership and that this person is aware of and supports your decision to proceed with the membership.
- Fees and payment
- The fees for the membership are set out in the membership description.
- Membership fees are payable monthly or there is an option to pay a reduced price for 12 months in advance. The membership fees are billed on a periodic basis as specified at the time of purchase (e.g., monthly or yearly). Your membership subscription will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the membership is otherwise suspended or discontinued according to the terms of this agreement (see Termination of Your Membership below).
- As long as you remain a member in good standing, with no breaks in your membership payments, your membership fee will not increase.
- The membership fees are non-refundable except for:
- if you are a consumer, your right to a ‘cooling off’ period as described below (this is the 14 day trial period); and
- where we cancel your membership other than under Termination of Your Membership below, you are entitled to a partial refund for any period of time which you have paid for in advance and during which you will not have access to the membership.
In all other circumstances we are not able to refund to you any of the payments you have made in advance.
- Cooling off period for consumers
- If you are a consumer, you have the right to cancel this contract within 14 days (the 14 day trial period) without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
- The cancellation period will expire 14 days after you sign up for the membership.
- However, if you confirm to us that you wish us to grant access to the membership resources during the 14 day cooling off period (the 14 day trial period), then you lose your right to cancel. You confirm you wish us to grant access to the membership resources by any of the following: accessing the membership site; or downloading any digital resources we make available to you; or joining any private social group associated with the membership; or accessing any other supporting materials made available to you. At this point the refund policy set out in Fees and Payments – Statement 4 above, and the cancellation policy set out in the First Statement of Termination of Your Membership below, will apply.
- If you cancel this contract in accordance with the cooling off period in the First Statement of Cooling Off Period for Consumers, we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, as specified in the Third Statement of Cooling Off Period for Consumers, this will only be the case if you have not logged into the membership site.
- Intellectual property
- If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us and unless we agree otherwise, you can only use those materials for your own personal use and you may not share them with third parties.
- The resources in the membership (including the content on any of my websites) are provided for your information and personal use only and (unless we explicitly state or agree otherwise in writing) may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever.
- From time-to-time, we may record live sessions that we make available to you through the membership. If you participate in such sessions, you authorise us to use your image and voice in any such recordings (and to make use of such recordings in any way we think fit) without payment, other condition or need for further consent.
- How we may use your personal information
- We shall use the personal information you give to us to:
- provide the membership;
- process your payment for the membership; and
- inform you about any similar products and services that we provide, though you may stop receiving this information at any time by contacting us.
We shall not give your personal information to any third party unless you agree to it.
- All information shared by you with us will be kept strictly confidential, except when releasing such information is required by law and/or where we consider it necessary to do so because of concerns of risk to yourself or others.
- Where you participate in any group sessions, 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.
- The obligations in the first Two Statements of the Confidentiality section will not apply to information which:
- has ceased to be confidential through no fault of either party;
- was already in the possession of the recipient before being disclosed by the other party; or
- has been lawfully received from a third party who did not acquire it in confidence.
- Your and our confidentiality obligations under this clause will continue after termination of this agreement.
- Resolving problems and complaints
- In the unlikely event that there is a problem with the membership, please contact us using our Support page as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
- We may at our option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
- 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.
- Termination of your membership
- Your right to cancel. You may cancel your membership at any time. After you cancel, you will continue to have access to all the resources until the end of the billing cycle. Your membership fees are recurring and your membership must be cancelled 48 hours prior to the renewal date in order to avoid additional membership charges. If you have signed up to a subscription where you pay for several months or a year in advance, that subscription is also recurring and will renew automatically on the expiry date. It is your responsibility to terminate your membership yourself or notify us if you wish to terminate your membership before the renewal date.
- You cancel your membership by following the instructions on the website or by contacting our customer support team using our Support Page to send a message. If you wish us to cancel the membership for you, you must let us know at least 48 hours before the renewal date. We shall send you a reminder email before your membership renews.
- We may terminate your membership if you commit any material breach of the terms of this contract.
- If we terminate your membership and suspend or discontinue your access due to your breach of this contract, then you will not be entitled to any credit, refund or discount in relation to the membership fees already paid by you.
- If this contract is ended it will not affect our right to receive any money which you owe to us under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
- Limit on my responsibility to you
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by negligence), we are not legally responsible for any:
- losses that:
- were not foreseeable to you and us when the contract was formed
- that were not caused by any breach of these terms on our part
- business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
- Our total liability to you is limited to the amount of fees you have paid for the membership.
- We shall try to resolve any disputes with you quickly and efficiently.
- If you and we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
- The laws of England and Wales will apply to this contract.
- In the event of a dispute between us, you and we agree not to engage in any conduct or communications, including on social media, designed to disparage each other or our website, products and services.
- Entire agreement
These terms constitute the entire agreement between us in relation to your purchase.
- Third party rights
- No one other than a party to this contract has any right to enforce any term of this contract.