Updated: March 2022
These are the Terms and Conditions for working with the Self Esteem and Confidence Mindset Ltd.
This covers the following: The Confident Action Taker Academy Group Coaching Program, 1:1 Coaching, Podcast sponsorship and use of website and resources.
Changes To the Terms Of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
No Guarantees As To Results
You agree that the Company has not made any guarantees about the results of taking any action either from any of the services or the free resources given on the website. The Self Esteem and Confidence Mindset Ltd provides educational and informational resources that are intended to help you succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of The Self Esteem and Confidence Mindset Ltd.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of The Self Esteem and Confidence Mindset Ltd – applying the principles set out in this service are no guarantee that you or any other person or entity will be able to obtain similar results.
Privacy Policy
You can find our privacy policy HERE
Terms of use of the website
You agree to the use of the website jonnypardoe.com when you are using it. You can find the terms HERE
Agreement Acceptance for Services
We agree to contract with you on the following terms. These constitute an agreement between us and you and must be read together with any other documents explicitly agreed to be part of this Agreement. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing between us.
- Definitions
In these terms:
“Intellectual Property” means any and all patents, patent applications, know-how, trademarks, trademark applications, trade names, registered design, copyright, database rights or other similar intellectual property rights created, developed, or used in connection with this Agreement;
“the Services” means the services that you have ordered from we and which we have agreed to provide as set out in the Service Description;
“We” “our” and “us” means The Self Esteem and Confidence Mindset Ltd of Hardwick House, Prospect Place, Swindon, Wiltshire SN1 3LJ - Our Obligations
We The Self Esteem and Confidence Mindset Ltd will supply you with the Services on the dates agreed between us.
We The Self Esteem and Confidence Mindset Ltd warrant to you that the Services will be provided using reasonable care and skill. - Payment
You must pay our charges for the Services as agreed. Unless agreed otherwise, all our charges are exclusive of any applicable value added or other tax. We The Self Esteem and Confidence Mindset Ltd reserve the right to suspend the Services if our charges are overdue for payment by you. - Your Obligations
You agree that you will:
ensure that you and your staff and representatives (if any) co-operate with us in relation to the provision of the Services;
promptly give me such information as we may reasonably need to provide the Services and you shall be responsible to we for the accuracy of such information;
allow us access to your premises, data or personnel and use of such equipment which may be necessary for us to deliver the Services (if access to the premises is required to deliver the Services and you do not provide that access we may charge you additional costs incurred by us as a result);
pay us charges for the Services. - Intellectual Property
We warrant to you that no material will be provided by us as part of the Services which infringe any third party Intellectual Property rights. You warrant to us that no material will be provided by you to me for use in the Services which infringe any third party Intellectual Property rights.
If a claim for the infringement of third party Intellectual Property Rights is made or threatened against either party in connection with material provided by it under this Agreement, it shall indemnify the other against any and all costs, expenses, damages or other losses suffered or payments made by the other in connection with the claim and any associated judgment or settlement. - Extent of Liability
Nothing in this Agreement shall be construed as restricting or excluding the liability of either party for death or personal injury resulting from its negligence or for fraud or fraudulent misrepresentation.
Subject to the immediately preceding sub-clause, we shall be liable to you under this Agreement in respect of all direct loss or damage caused by our acts or omissions or those of our employees, agents or sub-contractors, other than Excluded Loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to my attention at the time of making this Agreement). In this clause the expression “Excluded Loss” means all special loss and all third party claims, lost management time, economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings, anticipated tax mitigation, loss of data, others whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
Our liability to you under this Agreement, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed the higher of: (1) the value of this Agreement in the twelve months preceding the date of the breach, and, (2) [£500].
For the avoidance of doubt, in no event shall either party be liable to the other for any indirect or consequential loss of any nature and howsoever caused. - Termination and consequences of termination
You have the right to exercise termination of our services if you are within the first 14 days of purchasing my services (see section 8).
In the event of a no fault for either coaching or podcast sponsor services whereby you do not give us the required cancellation notice, then the service can be rescheduled but this is only in a no fault case. Failing to give notice and it is not a no fault will mean no reschedule or refund for the missed session or talk.
Either you or wes shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it, within 21 days after receipt of a written notice giving full details of the breach and requiring it to be remedied.
Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order
(or the equivalent in any other jurisdiction) or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure. If either of us is a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed. - Cancellation of pre-booked services
If you are a consumer for the purposes of the Consumer Contracts Regulations 2013, you have 14 days after the day that we email you to cancel the provision of my Services. If you wish to cancel after the 14 days or after any guarantee given we have started the services, you must pay us for the services provided up until the time. If you cancel in accordance with this clause, we will return any money that you have pre-paid to me in respect of Services not yet delivered by us. The amount returned by us will be in proportion to the services that have been supplied in comparison with the full coverage of the Services to be delivered under this Agreement. - Refunds
Where you are entitled to a refund from me after you have cancelled the services or, if you are a consumer for the purposes of the Consumer Rights Act 2015, where you are otherwise entitled to a refund under that act, your refund will be made within 14 days of your telling us that you have changed your mind. - Confidentiality
Each party shall keep secret and treat as confidential all information obtained from the other or obtained from any other third party attending a group session which is either stated to be confidential or could reasonably be regarded as confidential and shall not disclose such information to any person other than its employees, agents or sub-contractors where such disclosure is required for the performance of the party’s obligations under this Agreement. This clause shall not extend to information which was already in the lawful possession of a party before this Agreement or which is already in the lawful possession of a party before this Agreement or which is already public knowledge or becomes so subsequently (other than as a result of a breach of this clause) or which is trivial or obvious. The obligations of confidentiality under this clause shall continue after the end of this Agreement. - Data Protection
We shall comply with all relevant data protection legislation. We shall take appropriate technical and organisational security measures to protect any personal data that you provide to us. Furthermore, we will only deal with such personal data in accordance with your instructions. - Force Majeure
Neither party shall be liable for any breach of this Agreement caused by matters beyond its reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving a party’s employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities. - General
The terms of this Agreement represent the entire agreement between the parties and supersede any previous agreement whether recorded in writing or otherwise.
Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may have been notified to the party giving the notice. Any notice to me should be marked with the reference “GDR”.
You allow us to mention you in case studies in future but only upon request. Please note we will ask your permission for any reviews as to whether you would prefer to have your name anonymised or not.
No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.
A person who is not a party to these terms may not enforce any of them under this Agreements (Rights of Third Parties) Act 1999.
If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If the matter is not resolved by negotiation, the parties will refer it to mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure.
(See www.cedr.co.uk). Unless otherwise agreed, the mediator shall be appointed by CEDR. If the parties fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.
This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.
©The Self Esteem and Confidence Mindset 2022
