These Terms of Service ("Terms") apply when you use the Online Academy and any other services we may make available on the website www.simonhodges.com (the "Site") from time to time (together, the "Service(s)").The Services are provided by or on behalf of SH Consulting Ltd ("we","us" and "our"). We are a registered private company, registered in Jersey. Our registered company number is 119631, and our registered office is at: Beachside Business Centre, Rue Du Hocq, St Clement, Jersey, JE2 6LF. Simon is an accredited member of the International Coach Federation("ICF").
If you join the Online Academy or any other Service, your purchase is subject to these terms, and by signing up for anyService you agree to be bound by them. You should print a copy of these terms for future reference. Certain Services may have additional terms and this will be made available to you if you select that Service.
Use of your personal informationsubmitted to or via the Site is governed by our Privacyand Cookies Policy.
These terms were last updated on 14 August 2020.
If you are interested in joining the Online Academy, you can request more information here.
To join the Online Academy, you must first apply to join by clicking 'Apply Here' on our Contact page.
To apply, you must satisfy the following minimum eligibility criteria:
You must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms).
Please note that additional eligibility criteria may apply to a particular Service, where indicated on the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to apply for any Service. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
You must provide us with accurate, complete and up-to-date contact information, including name, postal address, telephone number and email address. You are responsible for the information you provide to us. You must contact us promptly to inform us of all changes to this information, and to notify us if you no longer satisfy all of the minimum eligibility criteria set out above (see Contacting us).
Your application and registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.
We reserve the right, in our discretion, to carry out checks(including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these terms, you agree to our doing so.
You may only register for our Services in your personal individual capacity. You may not register as an organisation. If you are interested in Simon speaking with your team or organisation, please select'Request Leadership' on our Contact page; this service is not covered by these Terms.
You agree that you will not, nor allow anyone else to, use your account or any Service:
We may, from time to time, provide you with access to and use of private groups (on Facebook), group chats (on WhatsApp), or other forums on external websites/apps which enable you to communicate content to selected recipients (collectively User Content Areas). We are not responsible for external websites/apps, and your use of them is subject to each external website's/app's own terms.
We do not control the material submitted to User ContentAreas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your UserSubmissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.
User Submissions must not:
You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of suchUser Submission.
Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any User Submission must be sent to email@example.com must contain details of the specific User Submission giving rise to the complaint.
Upon registration for any Service, you may from time to time be given access to live and recorded content, online video/audio calls, private group discussion areas and other information via invitation links or other means, and these may be password protected. You must keep any invitation links or other means of access to any Service confidential at all times and use it only to access and use our Service and not for any other purpose. You must not disclose this information to anyone else. You should contact us immediately upon discovering any unauthorised use of or access to any Service (see Contacting us). Any breach of these Terms and/or any use of information we have provided to you as part of Service by anyone to whom you disclose such information (or the means to access it) will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
Passwords, including for online video and/or audio calls, are our property and we reserve the right to alter or replace them, or require you to do so, at any time in our sole discretion.
The Services are described on the Site (including any associated information pack). We warrant that the Services will substantially conform to the relevant description on the Site and will be provided with reasonable care and skill.
If you register for our Online Academy Service, you have access to this Service for a period of 12 months. At the end of this period, your registration and access will end. You may apply for another 12-month period, which we may accept (in our absolute discretion).
The Online Academy Service will provide you with:
We are not responsible for external websites/apps, and your use of them is subject to each external website's/app's own terms.
You acknowledge and agree that you are solely responsible for all use you make of any Service.
You may optionally wish to request a copy of our information pack, available upon request.
Your registration for the Service is subject to acceptance by us, and will not be complete until we have accepted your application and you have paid for the Service. We are not obliged to accept your application, and may, at our discretion, decline to accept any application for any reason.
If we accept your application to register for our Service, we will confirm this with you via email and provide you with a digital invoice or payment link via our payment service provider. You may confirm and purchase your registration by completing the payment instructions provided to you (including any instructions within an invoice) and (where applicable) following the prompts that will appear on-screen. You may check and correct any input errors in your registration by contacting us. You will submit your order to us by clicking the "Pay Now" button within the digital invoice.
After paying for your registration, you will receive an acknowledgment that we have received your payment.
You may alternatively arrange to pay by setting up a monthly direct debit, recurring credit charge, or standing order to us; if you choose this option, we will provide you with a copy of these Terms and the relevant payment details.
You acknowledge that by clicking on the "Pay Now"button (or otherwise setting up your payment to us), you enter into an obligation to pay for the Service(s).
If we have accepted your registration and you make payment, we will confirm such acceptance and payment by sending you a confirmation of your registration (Order Confirmation). The contract between you and us in relation to the Service(s) ordered (Contract) will only be formed when we send you the Order Confirmation.
The charges for Services are as quoted in our information pack, available upon request, and which we may amend from time to time. Charges do not include GST or other taxes.
Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an OrderConfirmation.
The Site contains different Services and it is possible that, despite our best efforts, some of the Services listed on the Site may be incorrectly priced. We will normally verify charges as part of our order-checking procedures so that, where a Service's correct charge is less than our stated charge, we will charge you the lower amount. If a Service’s correct charge is higher than the charge stated, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.
Payment for all orders must be made by via our digital invoice service provider. We accept payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
You are responsible for all charges to your account. If you have questions regarding charges to your account, you should contact us (see Contacting us).
We will endeavour to take payment in respect of all charges to your account from the same credit or debit card that you have previously paid with (unless you have provided details of an alternative card in your name that we should use). You authorise us, on an ongoing basis, to debit that card (or, if relevant, the alternative card) automatically with all charges due and payable by you in relation to any Service in accordance with these terms, until thatService is cancelled or your account is closed.
If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to any Service (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.
As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes in respect of any Service you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay. We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your Service registration without penalty, in which case, you should notify us that you wish to cancel your registration (see Registration cancellation). If you do not cancel your registration before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
If any digital content or other element of the Service you order is defective (in other words, it does not comply with the requirements of the Contract), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Service is defective, you should inform us as soon as possible, preferably in writing, giving your name and address. Nothing in this section affects your legal rights.
You normally have the right to cancel a Contract within 14 days after the date we send you the Order Confirmation (this is called a cooling-off period). However, you acknowledge that we start provision of the Service immediately following payment of your order (which, by paying for your order, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations once the Service has been fully carried out.
If you cancel before the Service has been fully carried out (and within the 14-day period) then the charge you pay us (and which we will deduct from any refund otherwise due to you) will be proportionate to the Service that has been carried out by the time you cancel, and will not exceed our reasonable costs of providing the Service up until that point.
To cancel a Contract, you must clearly inform us, preferably:
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
If you cancel a Contract within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after you notify us of cancellation.
If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
Subject to your Consumer cancellation rights, you cannot cancel your subscription for the Service(s) before the end of the then-current subscription period, unless:
You may terminate your subscription to our Services on one month's notice but you must notify us if you wish to do so (see Contacting us).
In any of these cases, you should notify us (see Contacting us) that you wish to cancel your subscription in which case we will give you a pro-rated refund of the advance charges already paid by you, based on the unexpired portion (in full months) of the then-current subscription period.
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Site and/or the Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
We may, with or without prior notice, terminate any Contractor suspend and/or terminate any Service (including your registration in the Online Academy) and/or your use of your account in the event that:
If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
The responses described above are not limited, and we may take any other action we deem appropriate.
Upon termination of any Contract or Service or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Service subscription):
Nothing in these Terms shall limit or exclude our liability to you:
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Contract shall not, in respect of any12-month period (calculated from the date of that Contract), exceed the charges payable by you for the relevant Service(s) in that 12-month period and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
These Terms may not be varied except with our express written consent.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts maybe concluded in the English language only.
These Terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in Scotland, Northern Ireland or a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
If you have any concerns, please don't hesitate to get in touch with us at firstname.lastname@example.org. If you feel we are unable to help you resolve your concerns, you may raise complaints about alleged breaches of the ICF Code of Ethics with the International Coach Federation.
You agree that any dispute between you and us regarding these Terms or any Contract will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in inScotland, Northern Ireland or a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email at email@example.com.