The Money Panel Financial Coaching Programme Terms and Conditions
FINANCIAL COACHING TRAINING PROGRAMME AGREEMENT
These terms and conditions ("the Agreement) govern the delivery of the Financial Coaching Training Programme (“the Programme”) by The Money Panel ( “the Provider”, “We”, “Us”, “Our”) whose registered office is a company registered in England and Wales under company number 10267198, whose registered office is 123 Harvey Drive, John Wilson Industrial estate, Whitstable, CT5 3QY (“the Company”) at to the purchaser of the Program (“the Client”, “You”).
By signing this Agreement, you are agreeing to abide by the terms and conditions of this Agreement as set out below.
By purchasing the Programme and accepting these Terms and Conditions you are agreeing that you are over 18. The Program is not intended for use by anyone under the age of 18.
1. Definition and Interpretation
1.1. For the purposes of this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
- Client means an individual who has purchased and/or is accessing the Programme
- Client Content means any comments, information, content, photographs or graphics provided to us by a Client.
- Confidential Information Means any ideas, know-how, business practices, customer/client details, personal data, materials, coaching tools, content, data, software, documents, resources, video and audio recordings, presentations, downloads, podcasts, workbooks, methods, concepts and techniques, systems, plans, trade secrets, and other confidential and/or proprietary information.
- Content means any materials, information, tools, videos, resources, data and other content.
- Programme Fee means the total cost of the Programme.
- Programme Fee means the total cost of the Programme excluding any additional administration costs or reassessment costs.
- Method means the Money Narratives Clearing ® method created, developed and owned by us which will be delivered as part of the Programme.
- Private Groups means any private online area, membership area or private group including our private Facebook group and What’s app group.
- Programme means the Financial Coaching Training programme which is a 9 month coaching, teaching and mentoring support programme.
- Programme Services means the services which a Client purchasing the Programme will have access to, as set out in Schedule 1.
- Intellectual Property means any copyright, database right, design right, patent, registered design, service mark, trademark and any application for any of the above whether current or pending and whether in the UK or any other part of the world.
- Personal Data means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679.
- Services means the Programme or Course as purchased by the Client.
- Sessions means any interactive group session provided as part of the Services.
2. The Services
2.1. By entering into this Agreement, you understand and accept that you are purchasing access to either the Course or the Programme. The details of each Service are as set out on our Website and sales page and will be confirmed in your welcome email.
2.2. This Agreement will begin when signed and will continue until the last Session is delivered, unless the Agreement is terminated earlier in accordance with the terms set out within this Agreement, or we agree in writing otherwise.
2.3. The Services are designed to be accessed online only and no alternative will be provided. All Sessions will take place via Zoom or other online meeting facility, as we may confirm to you in writing.
2.4. Any information, Content, support, materials or guidance we provide as part of the Services is intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise and it does not constitute legal, medical or financial advice. Should you require personal or one-to-one support, or feel that you require further contact or support from us which is over and above the support provided to you as part of your chosen Service, then a further agreement will need to be arranged and separate terms and payment agreed.
3. Accessing Sessions and Private Groups
3.1. We will confirm the date and time of each Session by providing you with details via email and in the members portal area at https://www.theportal.themoneypanel.co.uk/
3.2. It will be your responsibility to check for emails and by accessing the portal concerning the scheduling of Sessions. We regret that no alternative or replacement dates or times will be offered if you are unable to attend a Session for whatever reason.
3.3. Should we be unable to attend a Session then we will make all reasonable attempts to provide you with as much notice as possible and to reschedule to a mutually convenient time.
3.4. It is important to us to ensure that all Clients accessing the Services feel safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when using and accessing any of the Services, including Sessions, and not to act in a manner which may cause offence, distress or alarm to any other Client.
3.5. When you access any of our Sessions and Private Groups you agree:
3.5.1. not to record any Sessions for your personal use or otherwise; and
3.5.2. not to share information, whether expressed to be confidential or not, that is shared by another Client; and
3.5.3. not to capture or share images of any other Client or that include any other Client without that Client’s express permission; and
3.5.4. not to use any Private Group or area for any unlawful purpose; and
3.5.5. that when accessing any Private Group that you will not upload, post, transmit or otherwise make available content that:
- a)is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not; or
- b) discloses personal and/or confidential or sensitive information about another person; or
- c)is threatening or causes us or a Client to feel harassed or in fear; and/or
- d)is classed as spam.
3.6. Should you become aware of any inappropriate behaviour, comments or content being shown or displayed within any of our Private Groups, during Sessions or during the delivery of any aspect of the delivery of any of the Services then you agree to notify us as soon as possible.
3.7. Where we provide you with access to a private area and you are required to set up an account it shall be your responsibility to:
3.7.1. provide the correct information to set up your access to the private area or create your account; and
3.7.2. keep your password or any other access information private, safe and secure; and
3.7.3. to notify us should you become aware of, or suspect that a third party is aware of your password or access details.
4. What we expect from you when we work together
4.1. When you purchase any of our Services, you are agreeing that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2. Our Services are designed to provide you with information, tools, materials and skills to support you in developing yourself and developing your business, they are not a substitute for counselling or other therapy services and we are not medical or health practitioners. If you are currently seeking medical or other professional help concerning your mental health, or if you are unsure as to your mental capacity to participate in either the Course or the Programme, as applicable, then you should seek advice from a relevant medical professional and inform us if appropriate and relevant.
4.3. During your participation in any of the Services you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Course or the Programme you are confirming that you are mentally well enough to do so and that you understand that you are personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your access to the Services and we reserve the right to terminate your access to them where we have concerns as to your suitability to safely use them.
4.4. As part of your participation in the Programme or the Course, you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Services.
4.5. You shall be responsible for attending the Sessions as agreed and during such Sessions to participate fully, and communicate openly and honestly.
5. Access and use of coaching services
5.1. As part of the Programme you may be offered the opportunity to benefit from financial coaching to work through your own money blocks.
5.2. The Programme, including any coaching that may be offered or provided to you, is not a substitute for psychological therapy or counselling and you should seek the services of a qualified or licensed professional where such support is required. You will, at all times, remain responsible for notifying us of any medical reason why you should not engage with this Programme or any offered therapies or therapeutic support.
5.3. You will remain at all times fully responsible for your own health and well-being. Any access to therapeutic support or other products or services are an alternative or complementary form of care and not a replacement to any existing medical treatment that you are undergoing or may require. You agree that should you have any concerns concerning your health, diet, medication or any medical conditions that you will seek the advice of your qualified medical practitioner.
5.4. Your purchase of the Programme does not create a client/coach relationship.
5.5. Where you choose to participate in any coaching demonstrations offered as part of the Programme then you acknowledge that any decision to participate is voluntary and at your own risk. You agree to inform us if at any time you feel uncomfortable or unsafe with any aspect of the Programme or if you have any concerns with the delivery of the Programme or your ability to use or access the Services.
6. Certificate of completion
6.1. As part of the Programme you will be receive a certificate on completion of the Programme.
In order to receive this certificate, you will be required to undertake certain activities, and assessments to demonstrate your competency.
6.2. The certification assessment criteria is as follows:
6.2.1. Completion of 10 x 90 minute Financial Coaching Triad sessions which we host twice per calendar month for you to attend.
6.2.2. Submission of a completed Observation sheet is required after each Triad session
7. Completion as ‘Certified Financial Coach ®’ (CFC)
7.1. As part of the Programme you will be offered the opportunity to be certified as a Certified Financial Coach ® (“CFC”). In order to become CFC you will be required to undertake certain activities, and assessments to demonstrate your competency.
7.2. Completion of this programme gives the candidate the opportunity to apply for the designation of 'Certified Financial Coach®', awarded by The Financial Coaching Panel. This certificate is awarded to those coaches who can demonstrate that they have attained the knowledge and skills required by The Financial Coaching Panel as detailed in their terms and conditions.
7.2.1.The method of assessment is a combination of evidence of vocational experience and a professional assessment interview.
7.3. The decision to certify you as a CFC shall be at the discretion of The Financial Coaching Panel. We make no guarantee that you will successfully achieve the certification of CFC. Any appeals concerning our decision should be made in writing and emailed to hello@theFinancialcoachingpanel.co.uk
7.4. No refunds will be provided where a decision is made not to provide you with the CFC certification, although The Financial Coaching Panel may offer the opportunity to retake the assessment or certain elements of the Programme again at no extra cost if you have fully complied with the Programme, attended all Sessions and have completed all assessments, any such decision will be at their absolute discretion.
8. Compliance with ethical and professional standards
8.1. As part of your access to the Services you will have the opportunity to learn, develop and experience powerful tools and techniques. When learning and using these tools you agree to use them responsibly and ethically.
8.2. Should we determine that, in our reasonable opinion, you have acted in a way which is in breach of any relevant ethical guidelines then we shall be entitled to revoke your certification and terminate your access to the Programme or the Course, without refund.
8.3. You shall be responsible for ensuring that you comply with all rules, regulations and codes of conduct that apply to your work as a coach or any services that you deliver or intend to deliver.
8.4. You shall be responsible for ensuring that you have in place adequate insurance to cover any and all services that you provide.
8.5. Following your successful completion of the Programme you will be provided with the opportunity to continue to receive ongoing support and guidance from us. Further details are available upon request.
9. Your Fees and Charges
9.1 The cost for the Programme (“the Fee”) is as set out in Schedule 1.
9.1 The Fee shall be paid by you in GBP or in the currency of your chosen country by Stripe.
9.2 Any deposit payable shall be non-refundable unless we fail to deliver the Programme by reason of our own fault or failure.
9.3 Time shall be of the essence in respect of the payment of the Fee, any instalment of the Fee and/or any deposit.
9.4 Payment of the Fee shall be made without deduction, set off or any form of withholding except as is required by law.
9.5 Cleared payment of the Fee must be received by us before you are entitled to access the Programme.
9.6 Where you wish to make payment of the Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Programme then you agree to be responsible for payment of the Fee within 7 days from access to the Programme being provided.
10. Late Payment
10.1 You are responsible for ensuring that payment of the Fee or any instalment of the Fee (if applicable) is paid in full and on time in accordance with the payment terms set out in Schedule 1.
10.2 If payment of the Fee or any instalment of the Fee is beyond 7 days overdue, then we shall be entitled to any or all of the following remedies:
10.2.1 to withhold delivery of the Programme or access to any associated Sessions, group or resources until payment has been made in respect of the outstanding amount;
10.2.2 to apply a fixed sum charge in the sum of £99 to your account;
10.2.3 to apply interest to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. Interest will be calculated on the outstanding Fee at a rate of 8% over the Bank of England’s base rate from time to time.
10.2.4 to remove you from any groups, membership areas, or similar resources which have been provided as part of the Programme.
10.3 In the event your account is beyond 30 days overdue we shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with any late payment fee and any accrued costs incurred in taking such action.
11.1 No refund policy shall apply to your purchase of the Programme or Services.
11.2. In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Services then you agree to notify us in accordance with this Agreement. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
12.Cancellation and Termination
12.1 You may end this Agreement by providing us with 14 days’ notice. Please remember that no refunds apply and you will be liable for full payment of the Programme Fee or Course Fee, as applicable, despite any notice of cancellation. You can provide notice to us by email to firstname.lastname@example.org
12.2. We shall be entitled to limit your access to the Services or suspend, and/or terminate this Agreement with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that:
12.2.1. you have committed a material breach of any of your obligations under this Agreement; or
12.2.2. you have failed to provide payment of any sum due to us as and when it becomes due; or
12.2.3. you have become subject to a bankruptcy or similar financial order or proceedings; or
12.2.4. you enter into an insolvency arrangement or are otherwise unable to pay your debts; or
12.2.5. you cease trading or an administration or similar financial order is made; or
12.2.6. you have acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation or
12.2.7. you have failed to positively engage with the Services or impaired the delivery of the Services to you or a Client or
12.2.8. you have acted in a way which is abusive or is intended to cause offence to us or a Client and/or
12.2.9. you have failed to abide by any term of this Agreement or any other guidance we may provide whether such action constitutes a material breach or not.
12.3. Upon termination of this Agreement for any reason:
12.3.1. your access to all Course or Programme Services (as applicable), any private social media accounts, any Content, any Private Groups and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access; and
12.3.2. any Fee or other monies owed by you to us will become immediately due and payable; and
12.3.3. any terms of this Agreement which either expressly or by their nature relate to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect; and
12.3.4. you shall cease to use, either directly or indirectly any Content, our Method or any Confidential Information belonging to us, or provided by us to you and shall immediately return to us or destroy any copies in your possession or control.
12.4. In the absence of any earlier termination in accordance with this Clause, this Agreement will terminate as set out in Clause 2.2.
13.Complaints or Concerns
13.1. We want you to be entirely happy with the Services. In the event you have any concerns, you agree to let us know by email to email@example.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this Agreement, further action includes stopping payment or making any chargeback or similar claim.
14. Intellectual Property
14.1. As part of the Services we may provide you with access to Content. Where you purchase the Programme, along with access to Content we will also provide you with access to our unique coaching methods and tools including the Money Narratives Clearing ™ method. We take the protection of our Intellectual Property Rights in relation to our Content, Method and Services very seriously. You agree and accept that all Content and our Method remains our confidential and proprietary intellectual property and belongs solely and exclusively to us.
14.2. Our Content and Method can only be used by you in connection with your use of the Programme or Course, as applicable, and should not be copied, modified, reproduced, shared, published, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within this Agreement constitutes a transfer of any intellectual property or grant of a licence or any right to use unless expressly set out in this Agreement or we have provided our prior written consent.
14.3. As part of your purchase of the Services we will grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use our Content and our Method (for Programme purchases only) on the following terms only:
14.3.1. as part of any one-to-one or group private work that you undertake subject to you having in place strict terms and conditions to protect the use of our Content and Method from any infringement by your clients or other third parties;
14.3.2. as part of any private group work you undertake subject to you ensuring that you clearly reference us as authors and creators of the Content and/or our Method and on the basis you have in place strict terms and conditions to protect the use of our Content and our Method from any infringement by your clients or other third parties;
14.3.3. for your private and personal use;
14.3.4. as part of your use of the Services for the purposes as intended by this Agreement. Your licence becomes valid upon full payment of all relevant Fees, payments and any other monies owing to us and we have the right to withdraw it at any time, without notice where we reasonably believe you are in breach of the terms of the licence.
14.4. You shall not use our Content, our Method (where applicable), or any of our Confidential Information or Intellectual Property for any other purposes including but not limited to:
14.4.1. Teaching or presenting the Method to your clients or other third parties; or
14.4.2. as part of your own business or training courses or to create a system, method or training course; or
14.4.3. in any lectures, seminars, workshops, webinars, presentations or similar; or
14.4.4. as if the Method or Content was created or produced by you; or
14.4.5. for any other purpose without our express consent in writing;
14.5. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
14.6. When you purchase the Services you agree and undertake that from the date of this Agreement that you SHALL NOT:
14.6.1. copy, reproduce, sell, license, share or distribute any of our Content or our Method, whether during the period of your access to the Services, or at any time thereafter;
14.6.2. record any webinars, online or in-person events, videos, Sessions or any Content or information relating to the Method;
14.6.3. infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights or any such rights belonging to a Client.
14.7. In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to the Content, Method and Services) then:
14.7.1. you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;
14.7.2. you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our Intellectual Property and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and
14.7.3. you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 16.
14.8. The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.
15. Your Personal Data
15.1. Personal data for the purposes of this Agreement means any information which is capable of identifying another individual, as further defined within the GDPR.
15.2. Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.themoneypanel.co.uk
15.3. As part of the delivery of the Services your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By purchasing the Services and agreeing to the terms of this Agreement you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at firstname.lastname@example.org
15.4. Our obligations above and as set out in Clauses 15 and 16, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to this Agreement), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.
16. Consumer rights
16.1 This clause 16 only applies if:
16.1.1 you are purchasing the programme as a consumer (which means acting for purposes that are wholly or mainly outside of your trade, business, craft or profession);
16.1.2 the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’) apply to the Agreement between you and us; and
16.1.3 this Agreement between us is a “distance contract” or an “off premises” contract (as defined in the Regulations).
16.2 This clause applies in addition to, and without prejudice to, your rights to end our arrangement pursuant to clauses 12.1. In accordance with the Regulations you may cancel the Arrangement between you and us within the statutory cancellation period of 14 days that begins on the day after your purchase of the programme is made. You will lose your statutory right to cancel after the expiry of this period but you may still end our arrangement in accordance with clause 12.1
16.3 To exercise your right to cancel pursuant to this clause 16 you must contact us in writing by email at email@example.com before the 14 day period has expired.
16.4 Please note that our programme contains digital content which is available for immediate access. On this basis should you wish to access the programme materials immediately following successful payment of the Fee then you will lose your right to cancel under this Clause 16. In order to access the programme within the 14 days following payment of the Fee you must provide us with confirmation that you acknowledge your right to cancel will be lost and that you wish to proceed.
17.1 Your purchase of any programme and compliance with these Terms does not constitute or imply any business relationship other than as set out within this Agreement.
17.2 We have made every effort to accurately represent the programme. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to any of the programme that we provide.
17.3 We do not warrant or guarantee that your access to the programme will be:
17.3.1 accessible via your particular hardware or software;
17.3.2 free from interruptions or errors;
17.3.3 free from defects;
17.3.4 suitable for your particular business situation or circumstances.
17.3 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
17.3.1 any indirect, consequential or special damages, losses or costs;
17.3.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
17.3.3 any failure to deliver the programme where we are prevented due to a reason beyond our reasonable control; or
17.3.4 any losses arising from your choice of programme requested or your use of the programme once delivered.
17.4 In the event you incur damages as a result of our default or breach of this Agreement, our entire liability under this Agreement is limited to the amount of the Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 17.4 is fair and reasonable given the nature of this Agreement and the provision of the programme.
17.5 Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
17.6 During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
17.7 In the event a dispute arises in connection with this Agreement and the provision of the program which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either Party shall be at liberty to commence legal action.
17.8 The Parties agree that they have adequate Insurance cover to meet any liabilities that may arise in connection with this Agreement.
18.1 The failure of either Party to actively enforce any provision of this Agreement shall not prevent that Party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
18.2 In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
18.3 Every effort will be made to deliver the program in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Services should we be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond our control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
18.4 This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and the laws from time to time in force.
18.5 You agree that no other representations have been made by us to induce you into purchasing the programme and no modification or variation to this Agreement shall be effective unless in writing and signed by both Parties.
18.6 Save as provided for in clause 18.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply.
19. Non-solicitation and non-competition
19.1. For the duration of your access to the Services and for a period of 12 months afterwards you agree NOT to:
19.1.1. canvass, promote or advertise your products or services to any of our Clients, employees, contractors, or any individual who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Services to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;
19.1.2. solicit or attempt to solicit any of our Clients or Prospective Clients without our express consent, such consent not to be unreasonably withheld;
19.1.3. employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.
19.2. You acknowledge and agree that nothing in this Agreement shall prohibit you from providing coaching services to third parties or otherwise engaging in your normal business activities, but you agree that you will not, for a period of 24 months starting from the date of this Agreement, without our written consent, be in any way directly or indirectly engaged or concerned in any business or undertaking where it is or is likely to be in conflict with our business interests or the Services we provide.
19.3. For the purposes of this Clause 19, a conflict of interest is deemed to include, without limitation, the creation of or development of a business providing the same or similar Services, or being engaged in any way with a business delivering services which are the same as or similar to the services that we provide.
20. Reviews and Testimonials
20.1. If you choose to share Client Content with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
20.2. When sharing Client Content, you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
20.3. If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
20.4. These provisions shall survive termination.
21.1. The failure of either one of us to actively enforce any provision of this Agreement shall not prevent that party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
21.2. In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
21.3. This is the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of this Agreement.
21.4. Every effort will be made to deliver the Services in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Services should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control. (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Services shall be extended until a reasonable time after the Event preventing or interfering with the delivery, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
21.5. Where an Event arises, we will provide you with a notice in writing sent to the email address you provide to us, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect.
21.6. Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring prior to termination. Any refunds will be considered at our discretion.
21.7. This Agreement is formed in the United Kingdom, our principal place of business and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
21.8. You agree that no other representations have been made by us to induce you into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.
21.9. Save as provided for in clauses 16.6.3 and 20.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
21.10. You acknowledge that you have been given sufficient time to seek legal advice prior to entering into this Agreement.
21.11. You confirm that your signature, and or electronic signature indicates your full understanding and agreement with the information outlined above.
This Agreement will begin on the date of the last signature and will continue until the last Session is delivered, unless an extension is agreed in writing by us or the Agreement is terminated earlier in accordance with the terms set out within this Agreement.
Schedule 1 : The Money Panel Financial Coaching Programme
1. Programme Services:
The Programme is a group programme which is designed to help you help your clients to change their financial behaviours and develop a healthy relationship with money. Subject to the payment terms being met, the Programme shall be delivered as follows:
- Bi-weekly trainings lasting for a minimum of 120 minutes each, delivered by online live teachings delivered by Zoom or other online meeting facility (“the Sessions”)
- Access to twice monthly 90 min each practice triad sessions , delivered online via Zoom
- Access to the Programme Material, role-plays, worksheets and exercises;
- Access to the Portal members area with lifetime access to recordings
- Access to 3 months of marketing mentoring in the form of 3 Marketing Masterclasses (minimum 60 mins) delivered by Catherine or her guest experts with lifetime access to recordings
- Access to email support 9am – 5pm Monday to Friday for the period of the Programme
- The date and time of each Session are confirmed to you when joining the programme and confirmed by us by email no later than 24 hours before the start time of the session.
- In the event we are unable to attend a scheduled Session then we shall make all reasonable attempts to provide you with as much notice as possible and shall make reasonable attempts to reschedule the Session to a mutually convenient time.
For the purposes of this Agreement, lifetime access shall mean the period during which the Course and Programme are available for purchase through our Website and will mean no less than 24 months.
2. The Money Panel Financial Coaching Programme Fee
The Programme Fee payable by you to us for access to the Programme is £4997 upfront or £5496.70 on the payment plan over 12 monthly consecutive payments of £458.05. Where you wish to Pay by AUD$ the Course Fee will be $7424.78 or $680.59 AUD over 12 monthly consecutive payments on the payment plan. All fees are inclusive of VAT.
Payment must be made via Stripe. You are responsible for checking any terms and conditions relating to the way Stripe will process your payment and any personal data you provide to them.
In accordance with terms of this Agreement, when you purchase the Programme you are agreeing to provide full payment of the Programme Fee and if you choose to provide payment of the Programme Fee by instalments you will remain responsible for payment of the Programme Fee until it is paid in full.
Where you choose to provide payment of the Programme Fee by instalments, then your payments will be due in accordance with the instalment plan option you select at the time of purchase.
The instalment plan details are also set out below. If there is a conflict between the information contained on our payment check out page and the information below then you shall be responsible for notifying us of the conflict so that we can confirm the correct payment terms. Otherwise, where a conflict exists the terms set out below shall take priority.
12 x instalment payments of £458.05 (inc VAT) payable on a monthly basis, or where you are paying by AUD$680.59 as follows:
- The first instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The second instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The third instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The fourth instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The fifth instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The sixth instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The seventh instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The eighth instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The ninth instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The tenth instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The eleventh instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.
- The twelfth instalment of £458.05 or $680.59 shall be payable when you complete your purchase through Stripe.