Terms of Use

1 Introduction
1.1 Thank you for visiting www.joshalward.com (“the Website”). The Website is operated and owned by Josh Alward Coaching, (“I”, “we”, “us”, “our”). the trading name of Joshua Alward.
By reading information on Josh Alward Coaching via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions. Once your application for a service from Josh Alward Coaching has been accepted by Josh Alward Coaching in accordance with these Terms and Conditions, you will become a client of Josh Alward Coaching (“you”, “your”, or “Client”).

1.2. Please make sure you read these terms and conditions. (“Terms”) in conjunction with the Privacy Policy on the Website, as the Privacy Policy is incorporated into these Terms and it is important that you read and understand the Privacy Policy in addition to these Terms as you will be bound by these in your arrangements with us. By purchasing any services with us and using the Website, you are agreeing to be bound by these Terms, as well as the terms of the Privacy Policy and warrant that you have the right, authority and capacity to enter into and be bound by these Terms. If you do not wish to be bound by these Terms and any other documents referred in these Terms, please stop using the Website immediately and do not apply for our services.  
1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.4 You must be at least 18 years old to use the information on this Website and to apply for any services with Josh Alward Coaching. Josh Alward Coaching reserves the right to deny services to anyone and to refuse any applications for services, at its sole discretion. Once an applicant has been contacted by Josh Alward Coaching confirming that their application for services has been accepted, then that applicant shall become subject to the provisions of these Terms.
1.5 Any information given freely on the Website or any programmes advised via any of our services are for information purposes only.

2 Privacy Policy
2.1. We take your privacy very seriously and agree to only use your Personal Information in accordance with our Privacy Policy set out on this Website. Please read our Privacy Policy to see how we use your Personal Information.

3 Links
3.1 Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.

4 Josh Alward Coaching Services
4.1 Josh Alward Coaching can change any paid-for service detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application. We may make offers for Trial Services to new users at any time. No refunds shall be given for any unused remaining period of your service.

5 Disclaimers
5.1 Nothing on the Website constitutes advice on which you should rely. It is provided for general information purposes only.
5.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
5.3 We make reasonable efforts to ensure that the content on the Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.

6 Payment Terms
6.1 Failure by the Client to use any of the services available for a Client through its purchase of services or programmes to Josh Alward Coaching does not relieve the Client of their payment obligations under these Terms.
6.2 Potential customers can pay by Credit Card or Debit Card.  Payment details, together with details of the service, programme or package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Client’s financial data (as well as service / package data) to Stripe’s online payment system for processing. The potential registrant / Client acknowledges that we hold data regarding the service / package that is being signed up to by the potential registrant / Client, in addition to the last four digits and the expiry date of the card used to purchase the service / package together with details on when payment of Fees are due.  The potential registrant / Client further acknowledges and agrees that by sending their request for a specific service / package, that payments for Fees are due in accordance with that specific service, package or subscription (unless the service, package or subscription is cancelled in accordance with these Terms). This will either be a one-off payment or an on-going subscription. If the latter, the Client authorises the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that Stripe can collect the payment for Fees from the Client’s Credit Card or Debit Card provided for payment through Stripe to forward payment of the Fees to us directly.
The potential registrant and/or Client shall NOT send credit card details to Josh Alward Coaching directly by email or any other publicly interceptable means, electronically or otherwise. All credit card transactions shall be processed through Stripe directly via the Website. Josh Alward Coaching cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
6.3 Potential registrants and/or Clients should be aware that further terms and conditions required by Stripe may apply, and can be found at www.stripe.co.uk.
6.4 Josh Alward Coaching reserves the right to immediately terminate a Client’s account and/or service for any unpaid (in whole or part) period of package or subscription (with or without notice). Termination of service in no way relieves or excuses the Client from any obligation to pay outstanding charges or expenses. In the event Josh Alward Coaching starts collection processes of any type, the Client shall be liable for all collection costs, including reasonable legal fees and expenses.
6.5 Josh Alward Coaching reserves the right to terminate a Client’s account and/or service for any reason, on serving notice to the Client at any time by email to the Client.
6.6 Josh Alward Coaching reserves the right to terminate a Client’s account and/or service immediately if a Client has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Josh Alward Coaching at its sole discretion.  The Client shall not be entitled to any refund of Fees if Josh Alward Coaching terminates the Client’s account in accordance with this Clause 5.6.
6.7 The Fees chargeable to paid-for subscription Clients may exclude or include any applicable value added tax (VAT), or any other applicable tax or levy, that Josh Alward Coaching may charge in addition to the Fees.
6.8 No Refunds: Josh Alward Coaching abides by a strict, no refund policy. Where doubt exists over the programme, our service or your ability to complete the programme, by agreeing to these terms you accept responsibility for raising any issues prior to purchase with josh@joshalward.com. By accepting the terms of this agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Programme(s) or Service(s) offered by Josh Alward Coaching.

6.9 Any payments to Josh Alward Coaching that include a recurring element and fall due each month require notice to be given 1 month prior to the termination. If a billing date falls within this 1 month period, this payment will be processed as normal before the profile is cancelled. Giving notice on the payment date will prevent this. Josh Alward Coaching reserves the right to request 30 days advance notice prior to the termination of service and payment. Cancellation can be requested by emailing josh@joshalward.com at any time.
By continuing to pay Josh Alward Coaching on a monthly basis, you are expressing your continued interest in the product or service and therefore refunds are not considered for previous months of service already delivered.

6.10 When purchases of a product are made at a promotional or discounted price, Josh Alward Coaching reserves the right to offer a credit for a service and/or products in place of 14-day refund period.

6.11 There are no refunds available for offers purchased at a promotional price or in bulk. Packages are non-refundable. 

7 Our content
7.1 The copyright, trademarks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Josh Alward Coaching or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Josh Alward Coaching with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.

8 Liability
8.1 Josh Alward Coaching operates the Website and provides the services set out on the Website with reasonable skill and care.
8.2 We shall not be liable for any dissatisfaction the Client may suffer in connection with the Website and/or services of Josh Alward Coaching.
8.3 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
8.4 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
8.5 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of Fee paid (if any monies have been paid to us) in the calendar month prior to any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Client’s service or subscription.
8.6 By agreeing to these Terms, Clients agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Client’s usage of the Website or actions in relation to the Website.


9 General

9.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
9.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
9.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Client for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether spoken or in writing, in relation to the services. The Client acknowledges that, by entering into the contract with Josh Alward Coaching on these Terms, that it has not relied upon any representation, undertaking or promise by Josh Alward Coaching or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Client shall have no remedy in respect of any untrue statement made by Josh Alward Coaching, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Client’s only remedy shall be for breach of contract as provided in these Terms.
9.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
9.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.

 

Leave a reply.

(Your details will not be published.)