TERMS OF SERVICE

 

Please read these Terms of Service carefully before using our website/s, social media content, or purchasing any of our Products or Services.

 

Definitions

 

Company: Divorce Consultants Ltd (‘DCL’), a company registered in England with number 11397210 (trading as SoniaLimbada.co.uk  and Sonia Limbada)

“DCL”, “Divorce Consultants” “Divorce Consultants Ltd” “we” “the company” or “us” refer to Divorce Consultants Ltd.

‘You’, ‘Member’, ‘Participant’, or ‘Client’, refers to the person entering into this agreement with Divorce Consultants Ltd by using our website, social media content, and/or purchasing our products or services, including our coaching service.

 

Terms

1. The Agreement shall also be governed by and subject to what is stated in DIVORCE CONSULTANTS LTD’s Privacy Policy, Cookie Policy, Legal Disclaimer, Distance Selling Contract, and other Legal Notices, links to all of which appear at the bottom of the DIVORCE CONSULTANTS LTD website’s pages.

2. By using our website including our social media content and/or purchasing our Products/Services, including our coaching service, you are entering into an agreement with Divorce Consultants Ltd.

3. These Terms of Service apply to your use of this website including our social media content, Products and Services owned or operated by Divorce Consultants Ltd. These terms also apply when you purchase any of our products or services either on our website/s/social media or over the phone or in-person including our group and individual coaching programmes and our e-learning courses, e-books, masterclass, individual coaching sessions and other products (collectively, our “Products/Services”).  By accessing or using the website/s, social media content or purchasing our Products/Services, you agree to be bound by and to follow these terms.

4. We reserve the right to modify these terms at any time, so please check our website for the latest version of these Terms of Service. By using this website/s, our social media content or ordering our Products/Services after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms, please do not use this Site or any of our Sites/social media content or any of our Products/Services.

5. If any of these documents and/or the Website / social media /Products or Services contains an element to which you are unwilling to give your agreement, you must immediately cease to use the Website including our social media content and / all Products/Services DIVORCE CONSULTANTS LTD offers.

 Divorce Coaching Service

6. Please note that the coaching service is not therapy, counselling, psychotherapy or psychoanalysis, and nor do we provide mental health services or advice. Our Products/Services are not, and should not be used as, a substitute for appropriate professional advice. In particular, it is your own responsibility to seek professional guidance for legal, medical, financial, business, mental health or other specific matters from an appropriate, professional adviser.

7. Clients must agree and accept that we cannot provide legal, financial, medical, or other professional advice and no such advice should be implied in the use of our Website, social media content, or Products/Services.

8. Please note you must be 18 (eighteen) years of age or over to use our Website / social media content and Products/Services.

Individual Private Coaching Sessions

Fees

9. Individual coaching sessions are charged at the rate of £165 per hour (No VAT is payable at present).

10. Our hourly rates are subject to change, but 30 (thirty) days prior written notice will be given.

Cancellations

11. All coaching sessions will start at and be fully charged from the scheduled time (not from the time of arrival).

12. If you are late for a coaching session, the session will in any event be deemed to have started at the agreed time.

13. You are required to give 48 hours notice if you need to cancel or change the time of a scheduled coaching session. Otherwise, you will be charged for the session in full.

14. We will make every effort to reschedule sessions that are cancelled in a timely manner.

Refund

15. All completed sessions, classes and seminars are non-transferable and non-refundable.

16. If you cancel a scheduled session, we will refund you any pre-paid fees for the scheduled session, provided always that you have given us proper 48-hour written notice of cancellation.

17. When we terminate or cancel scheduled sessions, we will refund to you any pre-paid fees for unused sessions.

Termination

18. You may terminate or discontinue the coaching relationship at any time, however, you shall still remain liable for the full cost of all completed/used coaching sessions and/or services rendered.

Divorce Recovery Masterclass Series

19.  “Divorce Recovery Masterclass Series”  is a 52-week online webinar provided by Divorce Consultants Limited.

Fees

20.  The fee for the Divorce Recovery Masterclass Series is currently £100 recurring monthly in arrears payable on the same day every month of your first payment.

21.  Our fee is subject to change, but 30 (thirty) days’ prior written notice will be given.

22.  In order to access, view and participate in the DIVORCE RECOVERY MASTERCLASS SERIES your monthly fee will need to remain up to date.

 

Duration

23.  There is no minimum duration for the DIVORCE RECOVERY MASTERCLASS SERIES although it is intended for the session to last one hour in duration. Members/Participants are free to leave at any point however the applicable fee shall remain payable.

24.  It is intended that a minimum of 40 sessions will run annually.

25.  Whilst we endeavour to ensure DIVORCE RECOVERY MASTERCLASS SERIES  runs to plan, sometimes factors outside our control requires us to change scheduled dates, title, and hours. If such changes become necessary, we will provide you with as much notice as possible.

26.  For the benefit of all our participants, we reserve the right to request that you leave DIVORCE RECOVERY MASTERCLASS SERIES at any time. If we do ask you to leave, we do not need to specify a reason and your fee still remains payable.

Refunds

27.  There are no refunds for any sessions used, missed, cancelled, re-arranged, unused, partially used or not completed within this period.

Cancellation

28.  If we are unable to provide DIVORCE RECOVERY MASTERCLASS SERIES  for reasons beyond our control, we will notify you as soon as possible and provide an alternative date.

29. You can terminate your membership with one month’s written notice to us at sl@divorceconsultants.co.uk

Additional Fees

30. If you require phone support (in-between / outside of scheduled coaching sessions/masterclasses/workshops/Divorce Recovery Masterclass) – the same rate of £165 per hour applies. Phone support will be invoiced after the call in accordance with the amount of time spent with you.

31. If we incur any phone charges as a result of having to call you (for a consultation/session/phone support/otherwise) from a premium rate number or number abroad etc, you are liable for this charge.

32. Travel expenses and travel time are charged for any consultations held outside our office.

Non Payment of Fees

33. In the event that you do not pay any fees that are due, we reserve the right to recover the full payment from you as well as costs associated with recovering the debt. If you fail to pay our fees, we also reserve the right to withdraw from assisting you.

Termination of Contract

34. Where we believe that it is necessary to terminate our working relationship, we will notify you of this in writing and give our reason(s), where this can be given. Examples of circumstances where we may consider it necessary are in the event of non-payment of our invoice or non-payment of monies on account. Our full fees remain payable.

Liability

35. Your health and wellbeing are our top priority. Our coaching service is provided with all reasonable care, skill and with experience subject to that, we do not accept any liability to clients. Any information, mentoring, advice, or guidance provided by us (or any person representing us, including our employees or members of our team) is provided to empower you to take your own decisions about how to make changes in your life. We cannot and do not tell you what decisions to take.

36. We make no representations about and give no warranties of any kind (express or implied) concerning the completeness, accuracy, reliability, current validity, or suitability of any information, service, product, material or information we provide whether on our website, social media content, during coaching sessions/workships/masterclasses/webinars, in our marketing material or otherwise.

37. Coaching success is fully dependent on the commitment of the client to the progress, and to taking action. Results are therefore not guaranteed. We do not give any warranty as to what clients may achieve as a result of our coaching. You are responsible for the actions you take or do not take following the coaching you have received from us. Any action you may take based upon the information provided by us or any reliance you may place on such information is strictly at your own risk and is not a substitute for professional advice. For the avoidance of doubt, you remain solely responsible for the proper planning and execution of your relationship/life/divorce/all other matters, to the exclusion of Divorce Consultants Ltd, and/or Sonia Limbada. We cannot guarantee that our coaching, in whatever format, will lead to any particular outcome or result.

38. What is stated in this clause (as well as in any other clause excluding or restricting our liability) will, in addition to applying to Divorce Consultants Ltd, apply the directors and employees of Divorce Consultants Ltd and any third party performing work for Divorce Consultants Ltd.

39. To the maximum extent permitted by law, Divorce Consultants Ltd excludes all liability (direct or indirect) of any kind for any loss or damage that may result to client or to any third party or entity, whether arising in tort (including, without limitation, negligence) or contract, or otherwise, regarding the use by Client/Member/Participant or by any other person or organisation of any information provided by Divorce Consultants Ltd.

40. Despite any other provisions of this agreement, Divorce Consultant’s Ltd we do not exclude or limit our liability for:

a. death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents;

b. fraud or fraudulent misrepresentation;

c. breach of the obligations implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; or

d. any liability which may not be excluded by law.

41. In no event will Divorce Consultants Ltd have any liability for any economic loss, loss of profit, loss of revenue, loss of business, loss of income, loss of opportunity, loss of goodwill, loss of savings, claims by third parties, loss of anticipated savings, loss of reputation, damage to or loss of data, whether direct or indirect, or for any indirect loss or consequential loss whatever and however caused (even if caused by Divorce Consultant’s negligence and/or breach of contract and even if Divorce Consultants was advised that such loss would probably result).

42. We will have no liability for damage to clients where such damage was caused by or contributed to by the client.

43. Divorce Consultant’s Ltd makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Except as expressly set out in clause 40, Divorce Consultant Ltd.’s total liability for any claims, losses, damages or expenses whatever and however caused (even if caused by its negligence and/or breach of contract) shall be limited for each event or series of linked events to a maximum sum equal to the total Charges (excluding VAT) actually paid by you to us for the Products/Services giving rise to such liability.

44. This agreement is enforceable by us and by you and our successors in title and permitted assignees. Any rights of any person to enforce the terms of this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.

Intellectual Property Rights

45. All content provided on our Website/s, social media, in all our Products/Services, including online classes, masterclasses, workshops, webinars and associate materials are the intellectual property of Divorce Consultants Ltd and are provided to our clients/members/participants for their learning and not for commercial use. The content of this Website/s, social media content, and our Products/Services are protected by copyright law. You may not modify, publish, record, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the website/s, social media content or Products/Services, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Products/Services. We reserve the right to immediately remove you from the Products/Services, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In layman’s terms, please don’t steal any of our content and reposition it to sell as your own.

Indemnity

46. Client will indemnify DIVORCE CONSULTANTS LTD (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to Client’s breach of this Agreement and / or to Client’s use of the Products/Services.

Confidentiality

47. The General Data Protection Regulation (“GDPR”) gives you rights in relation to the personal information about yourself that you provide to us for the purposes of using our coaching services. That information is called “personal data” under the GDPR. Any use that we make of that personal data, which will include storing or transmitting it, is covered by our Privacy Policy (in conjunction with the clauses below) which is attached to and forms part of these Terms of Service. It is in this Privacy Policy that we shall explain in more detail what rights you have in relation to the personal information that you provide when using our coaching services. By using our Website, social media content, Products or Services, you signify your agreement to our Privacy Policy.

48. The information which you give to us will be received in the strictest professional confidence. This means we will not tell other people about the information you have shared with us.

49. The only exceptions to our duty of confidence to you is where the law requires us to reveal this information, or where our withholding of information might result in harm to you or others or lead to legal proceedings of any kind. Statutory and other legal requirements may cause us to disclose (i.e. reveal) information that we have received from you to governmental or other regulatory authorities and to do so without first obtaining your consent or telling you that we have made it.

50. It is, of course, not possible to protect the confidentiality of information that is transmitted electronically through emails and computers connected to the internet that do not utilise security or encryption protection. We advise clients most strongly not to transmit confidential information, including personal data (bank account details, etc) by email as this is an unsafe transmission mechanism.

51. If you take part in any type of group coaching with us, including but not limited to the DIVORCE RECOVERY MASTERCLASS SERIES, you shall treat the information disclosed by us and other participants as private and confidential; and agree not to directly, or indirectly communicate or disclose (whether electronically, in writing, orally or in any other manner) any information that is disclosed by us or a member/participant.

52. Please note Divorce Consultants Ltd is registered with the UK Information Commissioner with reference: ZA424216.

53. For the avoidance of doubt; DIVORCE CONSULTANTS LTD shall not be liable if Client’s identity or information is misused/disclosed by others.

Complaints

54. We will make every effort to provide our service to the highest standard. We value our clients and would not wish to think that you have any reason to be unhappy. However, should there be any aspect of our service with which you are unhappy, please approach us directly so that we can discuss this with you and take the appropriate steps.

55. If a problem does arise, the Client should inform DIVORCE CONSULTANTS LTD of it immediately, when DIVORCE CONSULTANTS LTD will use all reasonable efforts to attempt to address the difficulty.

56. You must give us a reasonable opportunity to regulate any matter for which we are liable before you incur costs in regulating the matter; in the event that you fail to give us such an opportunity, then we shall not have any liability to you regarding the matter.

57. For any complaints please contact Sonia Limbada at sl@divorceconsultants.co.uk or 07967 012 006.

Distance Selling Contract

58. If we have not met face to face, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “CCRs”) apply.

59. This means you may withdraw to enter into a distance contract with us at any time within the period specified below:

a) beginning when the Contract was entered into; and

b) ending at the end of 14 calendar days after the day on which the Contract was entered into.

60. The contract is entered into when you sign our Terms of Service.

61. You do not have to give any reason for the withdrawal or cancellation. You may inform us by means of any clear statement setting out your decision. In the case of cancellation, you may inform us by email sl@divorceconsultants.co.uk To meet the cancellation deadline, it is sufficient for you to send us communication concerning the exercise of the right to cancel before the cancellation period has expired.

62. Although you cannot waive the above rights, you are able to choose not to exercise your right to cancel as you have been made aware of your rights and by signing the attached ‘Distance Selling Contract’ and returning this document you have provided your express consent that you are happy for me to begin work immediately to avoid any delay.

63. If we begin the performance of our services during the cancellation period with your consent or if the service is due to occur before the cancellation period is due to expire,

a. and the service is fully performed, you will lose the right to cancel referred to in clause 59, and

b. if the services are partially performed at the time of cancellation, you must pay us an amount proportional to the services supplied or we may deduct such amount from any refund due to you.

64. A copy of our Distance Contract should be signed and return to us.

Jurisdiction and Applicable Law

65. The parties agree that this Agreement and all its sets of Terms of Service (including the accompanying documents) shall be governed by the laws of England and Wales.

66. The parties will submit to the exclusive jurisdiction of the English courts6