Terms of business

1. Introduction

1.1 This page tells you the terms and conditions (“Terms”) on which we supply any of the courses (“Course”) and one-to-one or group coaching programmes (“Programme”) listed on our website https://www.damselnotindistress.co.uk (“our site”) to you. Please read these Terms carefully before ordering from our site.

1.2 You should print a copy of these terms and conditions for your future reference.

2. Information about us

2.1 The website https://www.damselnotindistress.co.uk is a site operated by Damsel Not In Distress Ltd ("we" or “us”), a limited company registered in Scotland under company number SC770248. Our address is Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP, Scotland and our email address is hello@damselnotindistress.co.uk.

 

3. Your status

3.1 By placing an order through our site, you warrant and confirm that:

  • You are legally capable of entering into binding contracts;

  • You are at least 18 years old; and

  • All information you provide us with is materially true and accurate at all times and not misleading in any way.

4. Application of terms and conditions

4.1 By registering for one of our Courses or Programmes, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.

4.2 The agreement is between us and you, the person or entity registering to be a participant in the Course or Programme (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Course or Programme (the “Confirmation”) and shall continue until terminated in accordance with these Terms. The Contract will relate only to those Courses or Programmes whose access or download we have confirmed. We will not be obliged to supply any other Courses or Programmes that may have been part of your order until the Confirmation has been sent for such Course or Programme in a separate email.

4.3 If you are purchasing online, the order process will be as follows:

  • Add the Course or Programme to the cart and proceed to the checkout and make payment as directed.

  • If you are paying by Stripe or PayPal, you will be re-directed to the Stripe or PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site.

  • We will send you an email acknowledging your order and confirming whether we have accepted your order.

  • If at any stage you have made an error in your order, you may email us at hello@damselnotindistress.co.uk to correct any errors.

4.4 If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.

4.5 These Terms should be read in conjunction with our Website Terms of Use and Privacy Policy (both of which can be found on our site).

4.6 Any content posted or submitted by you to our site or in our forum or any contribution on group sessions in the course of the Course or Programme is subject at all times to the Website Terms of Use.

5. Courses


5.1 Courses shall be provided through digital content not on a tangible medium, that is online access to digital materials, including video, audio and/or written content.

6. Programmes


6.1 Programmes shall be provided over a period of time, through some combination of digital content not on a tangible medium, online live group sessions, messaging (e.g. via WhatsApp or Voxer), and/or one-to-one online sessions (“One-to-One Session”), as specified on our site.

6.2 The date and time of all live sessions are as set out on our site or as otherwise communicated to you, but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check our site regularly for updates on changes to dates and times.

6.3 You may cancel a scheduled One-to-One Session by giving notice in writing to us no less than 24 hours prior to the start of the session. If you cancel a One-to-One session less than 24 hours prior to its start time, you will forfeit that session. We may cancel a One-to-One Session by providing notice to you. If either of us cancel a One-to-One Session, we will re-schedule it at the earliest mutually convenient time. If you arrive late for a One-to-One Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.

6.4 Group sessions shall start and end at the scheduled times regardless of the time that you join the session. If you are late for a group session, the session will not be extended and we shall not be obliged to refund you any amounts in relation to such session.

7. Disclaimers


7.1 The materials we deliver as part of a Course or Programme do not in any way constitute advice or recommendations. We are providing training and guidance only.

7.2 Any information or guidance we provide as part of the Course or Programme is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.

7.3 You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provider and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.

7.4 If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.

7.5 If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor or healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.

7.6 Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

8. Third party products and services


8.1 Where products and services included in a Course or Programme are provided by independent speakers and third-party providers, we do not endorse or guarantee the quality or performance of these offerings and will not be held liable for any issues arising from their use. You are responsible for conducting your own research and due diligence regarding such products and services. You acknowledge that any issues or disputes arising from such products or services are solely between you and the provider of those products or services.

9. Online access

9.1 Your order will be fulfilled automatically on your receipt of our Confirmation but in the event that our automated systems do not work immediately, please contact hello@damselnotindistress.co.uk to advise us that the Course or Programme has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course or Programme.

9.2 The online aspects of the Course or Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Course or Programme, but in the event that such content (or any content added by you or other participants in the Course or Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.

9.3 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.  

9.4 Any digital materials included in the Course or Programme require the following hardware and software and other functional requirements in order to be fully used: the ability to view PDF documents; to use Zoom, Google Meet and other similar online meeting facilities; to use messaging apps such as WhatsApp and Voxer; and to access Modern’s browser-based app, with a digital device and internet connection. All materials are presented in English..

9.5 Any digital materials included in the Course or Programme have the following technical protection measures: user authentication.

10. Payment


10.1 The total price payable for the Course or Programme is as set out on our site. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

10.2 Depending on the payment options we provide, you may choose to pay by instalments or in one amount and the total price payable shall depend upon which option you have chosen.

10.3 If you choose to pay in instalments, a deposit is payable on registration for the Course or Programme, as set out on our site. You will then be charged for further instalments on the same date as the date of registration for each subsequent calendar month until the total price payable has been paid. If we send you invoices, these must be paid within 7 days of the date of the invoice. For the avoidance of doubt, even if you do not continue to participate in the Course or Programme, such instalments remain payable.

10.4 If you are paying instalments online through Stripe or a similar online payment method, you agree that we can take such further instalments automatically when due and without any further consent from you.

10.5 Payment is to be made by any method that is detailed on our site from time to time.

10.6 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 4% above the base rate of the Bank of England from time to time in force and/or (ii) suspend the availability of the Course or Programme until such time as payment is made or the Contract is terminated.

10.7 The total price payable as set out on our site is inclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.

10.8 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in a Course or Programme.

10.9 All payments are non-refundable other than as set out in paragraph 11.4 below.

11. Our Obligations


11.1 We warrant to you that the Course or Programme purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Course or Programme is supplied. 

11.2 Other than as set out in paragraph 11.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.

11.3 We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.


11.4 If you are buying as a consumer (as defined in the Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013 – namely you are buying the Course or Programme as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, you may cancel the Contract within 14 days of the date of you registering for the Course or Programme by emailing us at hello@damselnotindistress.co.uk stating your clear intention to cancel or by using this cancellation form. If we receive such email within 14 days of the date of you registering for the Course or Programme, we shall provide you with a full refund of the amount paid by you up to such date, within 14 days of the day on which we received your valid notice of cancellation and usually by the method originally used by you to pay for your purchase.

11.5 Notwithstanding paragraph 11.4 above, you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

11.6 You agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 11.4 above and you acknowledge that you will lose your cancellation rights in relation to such digital content.

11.7 You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Course or Programme to you in accordance with our Privacy Notice that you can view at https://www.damselnotindistress.co.uk/privacy-policy.

11.8 If you wish to raise a complaint with us, please send the details of your complaint to hello@damselnotindistress.co.uk. We will send an acknowledgement within 14 days. We may ask you for further information to assist us with looking into your complaint. We will send a final response to your complaint within 28 days of our acknowledgement.

12. Confidentiality


12.1 We acknowledge that in the course of providing the Course or Programme, we will have access to Confidential Information. Confidential Information means: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that we obtain in connection with the provision of the Course or Programme and (ii) the fact that we are providing the Course or Programme to you.

12.2 We agree not to (except in the proper course of our duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:

  • Any use or disclosure authorised by you or required by law;

  • Any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

  • Any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

12.3 As is good practice in coaching, we undertake coaching and are part of supervision groups. You agree that we may disclose any issues which arise out of the Sessions with our own coach, supervisor and/or supervision group but we agree only to disclose such issues on a general basis and without disclosing your identity.

12.4 You acknowledge that, when participating in a Course or Programme, you may have access to other participants’ Confidential Information and you agree not to use or disclose to any third party such Confidential Information. This restriction does not apply to:

  • Any use or disclosure authorised by the relevant participant(s) or required by law;

  • Any use or disclosure which you consider necessary or advisable in order to prevent illegal acts or harm to others; or

  • Any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

13. Live sessions and online community forums

13.1 Online live group sessions may be provided in Programmes. During these sessions, you will be expected to abide by the following conduct guidelines:

  • Respectful communication: participants are expected to communicate respectfully with each other, avoiding any form of harassment, discrimination, or inflammatory language.

  • Confidentiality: participants must keep any personal or sensitive information shared during the sessions private. Disclosure of another participant's confidential information without consent is strictly prohibited.

  • Constructive participation: participants should contribute positively to discussions and respect the contributions of others. Disruptive behaviour, including speaking over others or dominating conversations, will not be tolerated.

  • No recording: participants are prohibited from recording any part of the sessions without prior written consent from the organisers. This ensures the privacy and comfort of all attendees.

13.2 The organisers reserve the right to remove any participant from the session who does not adhere to these conduct guidelines.

13.3 Participants are encouraged to provide constructive feedback to help improve future sessions. Any concerns about conduct during the sessions should be reported to the organisers immediately.

13.4 Online community forums may also be provided. These are governed by our Forum Terms of Use available at https://www.damselnotindistress.co.uk/forum-terms-of-use.

14. Intellectual property

14.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Course or Programme and all content within the Course or Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Course or Programme or the content of the Course or Programme to you or to any other person.

14.2 We shall enforce our Intellectual Property Rights in the Course or Programme to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.

14.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Course or Programme.

14.4 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Course or Programme for the purposes for which the Course or Programme was provided only.

14.5 Except as set out in paragraph 14.4, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

14.6 You may not without our prior written consent make any audio or visual recordings of any part of our Course or Programme.

14.7 In programmes:

  • We may from time to time record the Programme being delivered during your attendance (this does not apply to One-to-One Sessions).  You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent. We will advise you at the start of each session that, if you don't want to be recorded, you should change your screen name to an alias and stay off camera. If you want to withdraw your consent to being recorded, you should follow this guidance.

  • You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission. You shall not contact any participants of the Programme other than in relation to progressing within the Programme.

14.8 The provisions of this paragraph 14 shall survive termination of the Contract.

15. Term and termination

15.1 The Contract shall continue until the end of the Course or Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force. For the avoidance of doubt, the license granted in paragraph 14.4 shall terminate automatically on termination or expiry of the Contract.

15.2 Where your order includes ongoing access to Course or Programme materials (for the period stated on our site), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If you wish to continue to have access to the course materials, you must renew your membership in the manner advised on our site.

15.3 Notwithstanding the provisions of paragraph 15.1 or 15.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

  • The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

  • The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

  • The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

15.4 We may terminate the Contract without any liability to make any refund to you if your continued participation in the Course or Programme is in our opinion causing disruption to the running of the Course or Programme or to other participants.

15.5 Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract.

15.6 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

15.7 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

15.8 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

15.9 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.

15.10 This paragraph 15 shall survive termination of the Contract.

15.11 Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 15.7 and all other paragraphs that refer to “termination”.

16. Liability


16.1 Nothing in this paragraph 16 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

16.2 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Course or Programme.

16.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Course or Programme.

16.4 Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.

16.5 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity or that of any member of the team involved in providing the Course or Programme), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

16.6 We may make changes (and shall not be liable for any additional costs incurred by you or for any other liability incurred by you as a result of changes) in (i) the Course or Programme, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) the delivery mode of the sessions (for example changing an in person session to an online session) (vi) trainers, instructors or coaches.

16.7 The provisions of this paragraph 16 shall survive termination of the Contract.

16.8 You acknowledge and agree that:

  • The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Course or Programme (which shall be deemed to have been terminated by mutual consent);

  • In entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Course or Programme other than as expressly set out in the Contract.

17. General

17.1 You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

17.2 We may vary these Terms (other than the price payable by you for the Course or Programme) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Course or Programme will be deemed to be your acceptance of any new Terms. Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this within 7 days of our email to you setting out the changes to the terms, the Contract will terminate immediately without further notice and we will refund to you a pro rata amount of any sums paid by you for the Course or Programme in advance, for sessions that you are no longer able to take due to such termination.

17.3 The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.

17.4 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17.5 If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.

17.6 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17.7 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

17.8 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.

17.9 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scottish law.

17.10 We each irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

17.11 For the avoidance of doubt, this contract has been formed in Scotland.

17.12 Unless the context otherwise requires, a reference to one gender shall include a reference to all genders.

© Damsel Not in Distress Ltd,

Company no. SC770248, All Rights Reserved


Damsel Not In Distress ® is a registered trade mark