General Terms & Conditions of Mother your Mindset
Please do take the time to read this to get more out of the programs and products provided.
1. Definitions & Interpretation
In these terms and conditions the following expression will have the following meanings:
“Coaching” means Coaching as described in the program and in section 5 for non-program Coaching
“Coach” means the person who provides Coaching for the program as provided by Mother your Mindset
“Client” means the person who receives the Coaching services relating to the program
“Program” means a finite set of training modules delivered through a mixture of webinars, downloads, templates and coaching calls
“Intellectual Property Rights” means
a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, Program materials, database rights, know-how, rights in designs and inventions;
b) rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and
d) the right to sue for past infringements of any of the foregoing rights.
2.1 These Terms and Conditions contain the entire agreement between coach and client and supersede any prior agreement between us relating to the subject matter.
2.2 These Terms and Conditions are for the delivery of the Program to an individual
2.2 These Terms and Conditions will apply from the date hereof and will continue to apply in relation to any additional programs we agree to supply to our clients.
2.3 No amendment to these Terms and Conditions will be effective unless evidenced in writing and signed by both the coach and client
2.4 Nothing contained within these Terms and Conditions will constitute the relationship of employer and employee nor will it constitute any partnership or other legal arrangement between the coach and client not contemplated by these Terms and Conditions
3.Obligations of The Company
3.1 Mother your Mindset will:
3.1.1 provide a coach capable of presenting the program.
3.1.2 deliver the program with reasonable skill and care
3.1.3 will make alternative arrangements with the client if for any reason the coach assigned to any program is not available and the non-availability of a coach will not entitle you to take any action for breach of the agreement between us
3.2 Client accepts that Mother your Mindset does not warrant that it will always be able to supply a coach to deal with or complete any program within a specific period of time and that time is not of the essence in the delivery of the program.
3.3 Mother your Mindset has the right, at its sole discretion, to change the content of any of the program, how the program is delivered, the dates upon which each part of the program is provided and the Coaches.
4. Client Obligations
4.1 Client must supply Mother your Mindset with details of any pertinent information, special needs or behavioral considerations of the person to receive the coaching before the program has started.
4.2 Client acknowledges and agrees that:
4.2.1 The person undertaking the program will attend and participate in all parts of that program no matter how it is provided and will complete all and any assignments that are required to be completed as part of the program; and
4.2.2 Mother your Mindset cannot guarantee that any participant will achieve any specific result as a result of taking the program
4.3 If Mother your Mindset requires any input from the client whilst delivering the program the client will provide the same in a reasonable and timely manner.
4.4 Any delay in the provision of the program resulting from the client’s failure or delay in complying with any of the provisions of this Clause 4 will not be the responsibility or fault of Mother your Mindset.
5. Non Coaching Program Procedures
5.1 Participation in network programs and events will be arranged between Mother your Mindset and the client and can be booked in advance of the program and event. Mother your Mindset will determine the frequency of network or event sessions. This frequency, is not binding and may be altered and adjusted throughout the network and event journey by mutual agreement, in accordance with the terms set out in this agreement.
5.2 Network and event activities will take place between the client and Mother your Mindset face-to-face or via virtual tools.
5.3 Mother your Mindset may assign the client tasks or exercises to complete between network sessions. There is no obligation on the client to complete these tasks, but not doing so may slow the client’s progress in achieving the desired business or personal outcomes.
5.4 The client may contact Mother your Mindset by phone or email between sessions to share a success or seek clarification on a specific issue. Support between network sessions is regarded by Mother your Mindset as a necessary part of the overall process, but is on a fair usage basis.
5.5 Mother your Mindset will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge, and no such charges will be imposed without the client’s agreement.
6.Fees and Payment
6.1 Coaching program, Network and Event Fees
6.1.1The fee will be the fee advised to you before we accept you on a program or as is provided on Mother your Mindset’s website and supporting program materials
6.1.2 Once paid none of the Fees or any part of it is refundable
6.1.3 Payment of fees shall be carried out at a minimum of 48 hours before the coaching program commences
6.2 Coaching fees
The minimum commitment to working with Mother your Mindset coaching programs is initially 2-3 months based on a before agreed upon amount of sessions. Additional sessions can be booked thereafter based on what the client and Mother your Mindset agree.
6.2.1 The minimum coaching commitment per session is 60 minutes.
6.2.2 Full payment is due ultimately 24 hours before the coaching program commences
6.2.3 In case of payment of the coaching fee in installments, which needs to be agreed upon by both parties, payments are due on the respective periodic payment dates indicated.
18.104.22.168 If the client is not able to pay the installment fees in accordance with the set payment due dates, Mother your Mindset has the right to demand full payment of the remaining fee, including any occurring collection and other administrative costs.
6.2.4 If the client needs to rearrange a coaching session, they should provide at least 48 hours’ notice. In that case no costs will be incurred to have the coaching session take place at another time.
6.2.5 If the clients cancels a coaching session within 48 hours Payment may still be required if a session is cancelled with less than 48 hours’ notice no refunds will be given to clients for unused coaching sessions and is subject to section 6.2.3
6.3 Mother your Mindset Network and Event Fees
The minimum commitment to participating in a network session and event is based upon what is indicated in the network and event program.
6.3.1 The fee includes the facilitation fee and if applicable the venue fee
6.3.2 The full payment is due prior to each session
6.4 In exceptional circumstances Mother your Mindset may need to rearrange a network session or event; in these circumstances Mother your Mindset will use reasonable endeavours to provide a mutually satisfactory alternative appointment for the client.
7.1 Mother your Mindset agrees to supply the coaching program services to the client and the client agrees to pay the fee for the same subject to these terms.
7.2 The exact date and time of supply of the coaching, network or event services is agreed when the clients agrees to the network and event slots provided on Mother your Mindset’s website, or both parties conﬁrm a date and time via email.
7.3 The amount of the fee shall be agreed in advance between the parties when you select one of the services. By selecting a speciﬁc service, you are agreeing to pay the fee in full at booking or in installments as stated in the program, network session or event form.
7.4 By purchasing services from Mother your Mindset, client warrants that:
7.4.1 Client is legally capable of entering into binding contracts; and
7.4.2 Client is at least 18 years old.
7.5 Client understands that coaching results are dependent on their own actions. The client enters a coaching program with the full understanding that they are wholly responsible for creating their own results.
7.6 Client understands and agrees that the service provided by Mother your Mindset is in no way to be construed as psychological counselling or therapy.
8. Cancellation and Termination
8.1 Either party may give notice in writing to the other terminating the agreement between Mother your Mindset and client with immediate effect if:
8.1.1 the other party commits any material breach of any of the terms of these Terms and Conditions and that breach (if capable of remedy) is not remedied within 5 Working Days after notice being given requiring it to be remedied;
8.1.2 the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or either the Mother your Mindset ceases, or threatens to cease, to carry on business. No refund will be given in these circumstances.
8.2 Refunds on payments made against future sessions will be at the discretion of Mother your Mindset
8.3 In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, Mother your Mindset can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Mother your Mindset where practicable, and will be refunded any advance payments made for coaching sessions not yet provided.
8.4 There may be occasions when Mother your Mindset may recommend to the client that they seek an alternative service or other professional services more suited to their current needs. In this event Mother your Mindset will fully discuss the reasons for the recommendation with the client. It is the client’s sole responsibility to decide whether to follow the recommendation and Mother your Mindset does not accept any liability for the outcome of any decisions the client chooses to make.
8.5 If a refund is granted, both parties have the right to terminate the coaching agreement from there onwards in writing, and Mother your Mindset shall not be liable to client to provide any future services and client shall not be liable for any future instalments due provided client no longer wish to have any more sessions.
9. Intellectual Property Rights
9.1 All copyright and other intellectual property rights subsisting in the Mother Your Mindset site and its contents, including without limitation all text, images, graphics and code contained, and in its look and feel (collectively, the “Contents”) are owned by Mother your Mindset and its members.
9.2 Except where otherwise specified, you may view, copy and print the Mother your Mindset Contents only for your own use, provided that all copies and print-outs of the Mother your Mindset Contents bear the copyright and other proprietary notices and disclaimers displayed on them on the Site. Mother your Mindset reserves the right, but has no obligation, to change her content at any time.
9.3 Other than as specified above, neither the Site nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other websites or other publication, or be used to create any derivative work. No links to the Site may be included in any other website without the Company’s prior written permission. None of the Company’s nor any of its group companies’ trade marks may be used without the Company’s prior written permission. The Company reserves all its rights in such trademarks.
9.4 Other than as specified above, nothing on the Site should be construed as granting any right or license. Mother your Mindset does not guarantee that you have any right to use content available on the Site that is owned by any third party, and that third party’s permission will not be required before you use such content. None of the Content may be changed, nor may any copyright or author attribution notice appearing on any of the Contents be altered or removed, without Mother your Mindset’s prior permission.
10.1 If client has a complaint against the coach or against Mother your Mindset, client must inform Mother your Mindset of that complaint in writing within 48 hours of the occurrence that gave rise to it.
11.Relationship of the Parties
Nothing in these Terms and Conditions nor in the agreement between Mother your Mindset and client will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in these Terms and Conditions.
12.1 No modification of or variation to these Terms and Conditions will be effective unless in writing and signed by or on behalf of each of the parties hereto.
12.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question will not be affected thereby.
12.3 Any waiver of any breach of or default under any of the terms of these Terms and Conditions by the Mother your Mindset will not be deemed a waiver of any subsequent breach or default and will in no way affect the other of these Terms and Conditions.
12.4 The expiration or termination of the agreement between Mother your Mindset and client, howsoever arising, will not operate to affect such of the provisions of these Terms and Conditions as are expressed to operate after termination.
12.5 Any notice to be given by one party to the other hereunder will either:
12.5.1 be communicated verbally initially and confirmed in writing immediately
12.5.2 be communicated directly in writing and sent (either by post or electronic means) to the address for each party notified by one party to the other from time to time
12.6 The agreement between Mother your Mindset does not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
12.7 Neither party will have any liability under or be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of the agreement between us which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances will promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 2 weeks, either party may terminate the agreement between us by notice in writing to the other party whereupon the agreement between us will forthwith terminate.
12.8 Client confirms that the email address and other personal information you supply to the Company will remain valid for communications during the currency of the agreement between Mother your Mindset and client and agree to furnish Mother your Mindset with an alternative address or information if that email address or specific information becomes invalid.
13.Governing Law and Jurisdiction
13.1 These Terms and Conditions and the agreement between us and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with Dutch law.
13.2 The Dutch court will have exclusive jurisdiction to settle any dispute or claim arising out of these Terms and Conditions and the agreement between Mother your Mindset and client
- Online Products
14.1 Client will be able to purchase products through a one-time payment or in monthly installments, as specified on the Sites. Upon making a purchase, client authorizes Mother your Mindset to charge the credit, debit card or PayPal account as provided on a one-time or monthly basis, depending on which payment plan is selected.
14.2 Mother your Mindset reserves the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially orders, incorrect pricing or non-payment.
14.3 Client must provide current, complete, and accurate billing and credit card information and must promptly update all billing information (such as billing address, card number, and expiration date) to keep the details current, complete, and accurate.
14.4 Mother your Mindset reserves the right to charge any renewal card issued to client to the same extent as the expired card. If payment is not received from the applicable credit card issuer, client hereby agrees to pay all amounts due upon demand. Client agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
14.5 Additional terms and conditions may apply to purchases of specific online goods and to specific portions or features of the Mother your Mindset site, including promotions or other similar activities, all of which terms are made a part of these terms by this reference. Client agrees to abide by such other terms and conditions, including where applicable representing that client is of sufficient legal age to use or participate in such service or feature.
14.6 Mother your Mindset may make changes to any products or services offered on the website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Mother your Mindset makes no commitment to update the materials on the Site with respect to such products and services.
14.7 Each of the products sold online by Mother your Mindset through website have their own refund policy noted on the sales page and / or check-out page. If you have questions about a specific policy, please email us at firstname.lastname@example.org before you purchase.
14.8 In case Client receives a refund for a specific product, client will have no further right to use that product thereafter. Mother your Mindset will have the sole discretion to determine whether client satisfies the eligibility criteria for a refund. Unless client is eligible to receive a refund, as provided herein, their obligation to continue to make all required (monthly) payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for the specific product.