I am so pleased you have decided to use my services or resources - please read the following important terms and conditions before you commit to using 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 so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services. 

 

In this contract: 

• ‘I’, ‘me’ or ‘my’ means Red Hot Mess Ltd and 

• ‘You’ or ‘your’ means the person buying or using my services and resources. 

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at [email protected]

BACKGROUND 

I provide hypnotherapy and related products and services. 

1 Introduction 

1.1 If you sign up for my courses or any related products and services (‘services’) you agree to be legally bound by this contract. 

1.2 If you use any of my free resources (for example podcasts, audios, workbooks, 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 signing up for my services or using any resources  you also agree to be legally bound by: 

1.3.1 my website terms of use and privacy policy; 

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, for example programme, course or service descriptions which may be set out on the webpage for that programme, course or service or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description I have sent you in an email 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.  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 programme or service description we agree between us. 

 

I shall give you information on:  the main characteristics of the services you are buying  who I am, where I am based and how you can contact me  the price of the services  the arrangements for payment, carrying out the services and the time by which I shall carry out the services  how to exercise your right to cancel the contract in the cooling off period if you are a consumer  my complaint handling policy

 

3 Ordering services from me 

3.1 Below, I set out how a legally binding contract to buy services between you and me is made: 

3.1.1 You place an order at the end of the checkout process by clicking on the relevant payment link on my site. Please read and check your order carefully before submitting it. Placing your order and making payment does not, however, mean that your order has been accepted. 

3.1.2 Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services.  Any prices set out in a quotation remain valid for 14 days. 

3.1.3 When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me. 

3.1.4 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 my circumstances have changed since I gave you the quotation for the services. 

3.1.5 I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point: 

(a) a legally binding contract will be in place between you and me, and 

(b) I shall 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 relevant programme or services description. 

4.3 All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire. 

4.4 Where you are entitled to any one to one sessions, you can rearrange any two coaching sessions during a coaching programme providing you give me at least 24 hours’ notice.  If you give me less than 24 hours’ notice, fail to turn up for a session or have already rearranged two sessions in a coaching programme, 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. 

4.5 All sessions take place remotely via the means of communication agreed with you in advance.  There may be an additional charge for face to face meetings. 

4.6  Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes. 

4.7 My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services.  I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and 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 illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority. 

4.8 Where a session or event is due to take place in person, I reserve the right to move that session online where circumstances make it necessary or preferable to do so. 

5 Your responsibilities 

5.1 You will pay the price for the services in accordance with the programme or services description. 

5.2 It is very important that I have a full understanding or your state of health. 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. 

5.3 You and I shall agree a method of communicating with each other between sessions and adhere to that method. 

5.5  I am a hypnotherapist registered with the Professional Hypnotherapy Practitioners Association.  My role is to offer you and help you make positive health and lifestyle 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. I am not a dietician and I am not qualified to assess, diagnose or treat dietary or nutritional problems.

5.7 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a hypnotherapist and that this person is aware of and supports your decision to proceed with the hypnotherapy courses described in the relevant programme or services description. 

 

5.8 Physical exercise disclaimer: Physical exercise, in all of its forms, can be a strenuous physical activity. You are therefore advised to seek the advice of your GP before beginning any physical exercise program, including using the resources provided.  All suggestions and comments I make regarding moves and instruction are not required to be performed by you and are carried out at your election.

6 Charges and payment 

6.1 All prices quotes are inclusive of VAT. 

6.2 The price for the services is set out in the programme or services description. 

6.3 I require full payment in advance in order to provide the services.

 
6.4 Due to the nature of digital products, all purchases are final. In accordance with the Consumer Contracts Regulations 2013, by purchasing and accessing any digital product or course, you acknowledge and agree that you lose your right to cancel within the 14-day cooling-off period. Immediate access is granted upon purchase, and therefore no refunds will be issued. The fees are non-refundable except for:

 

 

6.5 Payment is via the payment button on this website or as agreed between us. 

6.6  If any of your payments are not paid on the due dates, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Bank plc's base rate. 

7 Cooling off period for consumers 

7.1 Subject to the other provisions in this clause, if you are a consumer you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business. 

7.2 The cancellation period will expire 14 days after the commencement of the contract. 

7.3 However,  if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6.4 will apply  and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay my reasonable costs of services provided within that time. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time: by accessing or downloading any digital resources I make available to you; or joining any private social media group associated with my services; or accessing any other supporting materials made available to you. 

7.4 If you cancel this contract in accordance with the cooling off period in clause 7.1, I 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, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 7.3. for which you will have to pay my reasonable costs. 

7.5 Digital products. In accordance with clause 7.3, by accessing or downloading any digital products within the 14 day cooling off period, you give your consent to me to provide the content and you acknowledge that by doing so, you lose your right to cancel your purchase unless the content is faulty. 

8 Intellectual property 

8.1 If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me 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. 

8.2 From time to time I may record live group sessions.  If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other condition or need for further consent. 

9 How I may use your personal information 

9.1 I shall use the personal information you give to me to: 

9.1.1 provide the services; 

9.1.2 process your payment for the services; and 

9.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me. 

9.2 I shall not give your personal information to any third party unless you agree to it. 

9.3 For full details of how I deal with your personal data, see my privacy policy here 

10 Confidential information 

10.1 All information shared by you on a one to one basis 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 or to assist the prevention or detection of a crime.  Such circumstances may include suicide, child sexual or general abuse or neglect, kidnapping, murder, rape, treason or terrorism.

10.2 Where you participate in any group sessions, for example as part of a group coaching programme, 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. 

10.3 The obligations in clauses 10.1 and 10.2 will not apply to information which: 

10.3.1 has ceased to be confidential through no fault of either party; 

10.3.2 was already in the possession of the recipient before being disclosed by the other party; or 

10.3.3 has been lawfully received from a third party who did not acquire it in confidence. 

10.4 Your and my confidentiality obligations under this clause will continue after termination of this agreement. 

10.5 You will not use any Confidential Information for profit or for your own benefit in any way. 

11 Resolving problems 

11.1 In the unlikely event that there is a problem with the services, 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. 

11.2 I may at my 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. 

11.3 If you are buying 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. 

12 End of the contract 

12.1 If a programme or services description specifies a length of time for services to be provided, then subject to clause 12.3 below, the services will terminate at the end of that timeframe. 

12.2 If I provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other. 

12.3 Either you or I may terminate the services and this agreement immediately if: 

12.3.1 the other party commits any material breach of the terms of this agreement 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 

12.3.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.For the purposes of this clause, any breach by you of the rules governing your participation in my Facebook Group or any other Group hosted by me on another social media platform, constitutes a material breach of this contract which is not capable of being resolved.

 

12.4 If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received. 

12.5 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination. 

13 Limit on my responsibility to you 

13.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any: 

13.1.1 losses that: 

(a) were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry; 

(b) that were not caused by any breach of these terms on my part; and 

13.1.2 business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity. 

13.2  My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability.  If you would like me to assume a greater degree of potential liability, please contact me for a revised price for my services. 

14 Disputes 

14.1 I shall try to resolve any disputes with you quickly and efficiently. 

14.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of Scotland will have exclusive jurisdiction in relation to this contract. 

14.3 The laws of Scotland will apply to this contract. 

14.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services. 

15 Entire agreement 

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. 

16 Third party rights 

16.1 No one other than a party to this contract has any right to enforce any term of this contract. 

 

Membership Terms and Conditions

 

I am so pleased you have decided to sign up for my membership - please read the following important terms and conditions before you commit to using them.

This contract sets out:

• yourlegal rights and responsibilities;
• mylegal 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 the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

 

In this contract:

• ‘I’, ‘me’ or ‘my’ means Red Hot Mess Ltd and
• ‘You’or ‘your’ means the person buying or using my services and resources.

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at [email protected] 

BACKGROUND

I have a hypnotherapy manifestation membership. The details of the membership are set out on the webpage or sales page where you signed up for the membership (membership description).

I am a limited company with company numberSC836208

and with its registered office at Office 2/3 48 West George Street, Glasgow, Scotland, G2 1BP.

 

1 Introduction

1.1 If you sign up to my membership you agree to be legally bound by this contract.

1.2 If you use any of my free resources (for example a free trial, podcasts, workbooks, 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 signing up for the membership or using any resources you also agree to be legally bound by:

1.3.1 my website terms of use and privacy policy https://www.ellekay.co.uk/privacy;

1.3.2 specific terms which apply to my 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.

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.  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 membership description.

 

I shall give you information on: the main characteristics of the membership who I am, where I am based and how you can contact me 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 if you are a consumer my complaint handling policy

 

3 Signing up for the membership 

3.1 Below, I set out how a legally binding contract between you and me is made:

3.2 You sign up for the membership either on the site by clicking on the relevant payment link.

3.3 When you sign up for my membership by clicking on the payment link, I shall acknowledge it by email. This acknowledgement does not, however, mean that you have been accepted into the membership.  I may contact you in my sole discretion and refuse entry to the membership, for example if I do not think the membership is right for you or there has been a mistake in the pricing or description of the membership. I do not have any obligation to provide a reason for this refusal.

4 The membership

4.1 If you are a consumer you have protection under consumer rights legislation, including that I must provide the membership with reasonable care and skill.

4.2 The availability of the membership might be affected by events beyond my reasonable control. If so, there might be a delay before I can make the membership available again.  I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to provide access as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with hosting providers, any law or action taken by a government or public authority.

4.3 In the event that membership resources are not available in whole or in part at any time, or becomes corrupted, is deleted or fails to be stored, I shall have no liability in any circumstances.

4.4 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 viewing. While I use all reasonable endeavours to provide a quality viewing experience, I cannot make any guarantee as to the resolution or quality of the content you will receive.

4.5 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. I 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.

4.6 I 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. I 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 I operate it. I 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.

4.7 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. I reserve the right to cancel any membership I believe has been compromised, or is being used fraudulently, at my sole discretion.

4.8 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.

5 Your responsibilities

5.1 You will pay the fees for the membership in accordance with the membership description.

5.2 Account, Password and Security.  When you sign up for the membership, you will be required to choose a password and your user name will be the email address you used to purchase the membership. 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 me 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 me.

5.3 Any content you post or submit to our site or to our Facebook Group while you are a member is subject to our website terms of use and acceptable use policy.

5.4 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 I provide is exclusively your responsibility.  For this reason, although I fully expect great results to come from your participation in the membership, I 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 I make available.

I am a hypnotherapist  registered with the Professional Hypnotherapy Practitioners Association. The role of the membership is to offer you guidance and resources to help you make positive health and lifestyle changes in order to make progress towards your goals.

5.5 My 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.

5.6 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.

5.7 The resources in the membership do not in any way constitute specific advice or recommendations. They are for training and guidance only. I am not able to advise you on your individual circumstances.

5.8  Physical exercise disclaimer: Physical exercise, in all of its forms, can be a strenuous physical activity. You are therefore advised to seek the advice of your GP before beginning any physical exercise program, including using the resources in the membership.  

5.9  By using the resources in the membership, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by following the resources in the membership, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.

6 Fees and payment

6.1   I am not VAT registered therefore VAT is not currently applicable to any prices quoted..

6.2 The fees for the membership are set out in the membership description.

6.3 Membership fees are payable monthly.  The membership fees are billed on a periodic basis as specified at the time of purchase - monthly. Your membership subscription will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription in accordance with clause 12.1 or the account or the membership is otherwise suspended or discontinued according to the terms of this agreement.

6.4 [I may increase the price of the membership fees in future, in which case I will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

6.5 The membership fees are non-refundable except for:

6.5.1 if you are a consumer, your right to a ‘cooling off’ period, as described in clause 7 below; or

6.5.2 where I cancel your membership (other than under 12.3 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.

6.5.3 In all other circumstances I am not able to refund to you any of the payments you have made in advance, as this policy is a reflection of the amount of preparation I need to put into the membership to make it most effective for you. This approach also helps you with your own accountability and commitment to improving your life through my membership services.

6.5.4  [In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company.  In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.]

7 Cooling off period for consumers

7.1 If you are a consumer, subject to 7.3, you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.

7.2 The cancellation period will expire 14 days after you sign up for the membership.

7.3 However,  if you confirm to me that you wish to gain access to the membership resources during the 14 day cooling off period, then at this point my refund policy set out in clause 7.4 will apply  and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay my reasonable costs of membership services provided within that time. You confirm you wish me to start to provide the membership services within the 14 day cooling off period by doing any of the following during that time: accessing or downloading any digital resources I make available to you or joining any private social media group associated with my membership or accessing any other supporting materials made available to you.

7.4 If you cancel this contract in accordance with the cooling off period in clause 7.1, I 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, this will only be the case if you have not confirmed to me you wish me to provide the membership services as specified in clause 7.3. for which you will have to pay my reasonable costs.

8 Intellectual property

8.1 If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me 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.

8.2 The resources in the membership are provided for your information and personal use only and (unless I 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.

8.3 You cannot use and monetise my methods, processes or systems. To do so would be a material breach of your legal obligations to me under the terms of this contract, and subject to immediate termination under clause [12.3.1]

8.4 For the avoidance of doubt, without my prior written authority, you are not permitted to;

(a)  deliver any training in my methods, processes or systems to a third-party individual or organisation;

(b)  provide details of my methods, processes or systems to, a third-party individual or organisation;

(c) repurpose in whole or in part my methods, processes or systems to create and deliver your own services.

8.5 Should you become aware of any unauthorised access to the materials provided to you, or of any unauthorised use of my methods, processes or systems, you agree to notify me immediately by email.]

9 How I may use your personal information

9.1 I shall use the personal information you give to me to:

9.1.1 provide the membership;

9.1.2 process your payment for the membership; and

9.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.

For full details of how I deal with your personal data, see my privacy policy here https://www.ellekay.co.uk/privacy

9.2 I shall not give your personal information to any third party unless you agree to it.

10 Confidential information

10.1 Where you participate in any group sessions, for example in communications as part of a Facebook group, you agree to keep strictly confidential any information shared by other members and not to share it with any third parties.  You will not use the confidential information of any member for your own benefit except with the explicit consent of that member.

10.2 The obligations in clauses 10.1 will not apply to information which:

10.2.1 has ceased to be confidential through no fault of either party;

10.2.2 was already in the possession of the recipient before being disclosed by the other party; or

10.2.3 has been lawfully received from a third party who did not acquire it in confidence.

10.3 Your confidentiality obligations under this clause will continue after termination of this agreement.

11 Resolving problems and complaints

11.1 In the unlikely event that there is a problem with the membership, 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.

11.2 I may at my 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.

11.3 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.

12 Termination of your membership

12.1 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 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 in advance, that subscription is also recurring and will renew automatically on the expiry date. It is your responsibility to notify me if you wish to terminate your membership before the expiry date.

12.2 You cancel your membership by logging into your account in the Elle Kay app or website, and using the manage subscription function. There is an option to cancel within this section. You can also email [email protected] 

12.3 I may terminate your membership if you commit any material breach of the terms of this contract.

12.4 If I 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.

12.5 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

13 Limit on my responsibility to you

13.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:

13.1.1 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; and

13.1.2 business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.

13.2  My total liability to you is limited to the amount of fees paid by you for the membership services and you confirm your understanding that the price of my membership is calculated bearing in mind this limit on my liability. If you would like me to assume a greater degree of potential liability, please contact me for a revised price for my membership services].

14 Disputes

14.1 I shall try to resolve any disputes with you quickly and efficiently.

14.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of Scotlandwill have exclusive jurisdiction in relation to this contract.

14.3 The laws of Scotland will apply to this contract.

14.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage each other or my website, products and services.

15 Entire agreement

These terms constitute the entire agreement between us in relation to your purchase.

16 Third party rights

16.1 No one other than a party to this contract has any right to enforce any term of this contract.