Terms & Conditions:

Application of terms and conditions

These terms and conditions (“Terms”) apply to the Smarter Menopause Programmes (“Programme”) operated by https://www.smartermenopause.com/ (“we” or “us”). By registering to be a participant in any of our 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.
The agreement between us and you, the person or entity registering to be a participant in the 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 Programme and shall continue until terminated in accordance with these Terms.
If you are purchasing online, the order process will be as follows:
- add the Programme to the cart and proceed to the checkout and make payment as directed
- 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 pat@smartermenopause.com to correct any errors.
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.
These Terms should be read in conjunction with our Website Terms of Use and Privacy Policy (all of which can be found on our website www.smartermenopause.com (“site”)).

Online Sessions

The online sessions of the 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 Programme but in the event that such content (or any content added by you or other participants in the 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.
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 unauthorized 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 unauthorized use of your account.

Payment

The total price payable for the Programme is as set out on the order form.
Payment is to be made by any method that is detailed on our site from time to time.
Where payments are stated to be recurring, you authorise us to charge your debit card, credit card or Paypal Account as appropriate without your further consent.

Our obligations

We warrant to you that the Programme and Programme materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied.
All warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of online 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.
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.
You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Programme to you.

Termination

You may cancel the Contract within 30 days of the date of you registering for the Programme by emailing us at pat@smartermenopause.com stating your clear intention to cancel. If we receive such email within 30 days of the date of you registering for the 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.
You agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period and you acknowledge that you will lose your cancellation rights in relation to such digital content.

Intellectual Property

We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.
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 contained in the Programme.
We grant to you a limited, non-exclusive, non-transferable, non-sublicensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme were provided only.
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.
You may not without our prior written consent make any audio or visual recordings of any part of our Programme.
We may from time to time record the Programme being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
You acknowledge that certain information contained in the Programme and Programme materials is already in the public domain.
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.
The provisions of this paragraph shall survive termination of the Contract.

Liability

Nothing in this paragraph 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.
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 of 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 Programme.
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 Programme.
If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, 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.
The provisions of this paragraph shall survive termination of the Contract.
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 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 Programme other than as expressly set out in the Contract.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, do not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not https://www.smartermenopause.com. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.

MEDICAL DISCLAIMER

Any information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.
You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provide 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.
If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.
If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.
Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

General

By registering for our Programme you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old; and
- That all information you provide us with is materially true and accurate at all times and not misleading in any way.
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.
We may vary these Terms (other than the price payable by you for the 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 Programme will be deemed to be your acceptance of any new Terms.
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.
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.
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.
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.
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.
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.
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 English law.
We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.