Terms

 

1:1 Coaching & Mentoring Agreement

 THIS AGREEMENT is made the day of purchase online.

PARTIES

Heidi Marke a sole trader of Copse View, Holloway, East Knoyle, Salisbury, Wiltshire SP3 6AF (‘I’ and ‘me’); and

Customer name (‘you’).

I am so happy that you have decided to sign up with me for coaching and I look forward to our journey together.

The contract below sets out the legal terms that will govern my relationship with you and apply to the services I provide.  The intention is that it will bring clarity to our relationship and protect both of us so please do let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

BACKGROUND

I provide life coaching and you and I wish to enter into this agreement to set out the terms and conditions that will apply in respect of the services to be provided by me to you.

This contract sets out:

  • your legal rights and responsibilities
  • my legal rights and responsibilities, and
  • certain key information required by law.

If you would like to speak to me about any aspect of this contract, please contact me by:

  • e-mail: [email protected]
  • Introduction
    • If you buy coaching services from me (‘services’) you agree to be legally bound by this contract, including the details of the coaching programme which are set out in the services description at the end or any coaching programme or additional services which may be set out in a services description agreed between us in the future.
    • You also agree to be bound by my website terms of use and my privacy policy.
  • Information I give you
    • Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in the main body of this contract together with the services description at the end or in any services description agreed between us in the future (“services description”).

 

 

I shall give you information on:

the main characteristics of the services you are buying

who I am, where I am based and how you can contact me

the price of the services

the arrangements for payment, carrying out the services and the time by which I shall carry out the services

how to exercise your right to cancel the contract in the cooling off period if you are a consumer

my complaint handling policy

 

  • Signing up for my services
    • The contract between us will commence on the date stated above and will continue unless and until it expires or is terminated by either of us in accordance with clause 12.
    • Each services description is a separate contract incorporating the terms of this agreement.
    • Any quotation given by me before I confirm my services in a written services agreement is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 14 days.
    • I shall only enter into a legally binding contract to provide services when a written services description has been agreed by you and me.
  • Carrying out the services
    • If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
    •  I shall carry out the services within the time period which is set out in the relevant services description.
    •  All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the relevant services description or they will expire.
    •  You can rearrange any two coaching sessions during each programme providing you give me at least 24 hours’ notice. If you give me less than 24 hours’ notice, fail to turn up to a session  or have already rearranged 2 sessions in a coaching programme, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
    •  Sessions usually take place remotely via Zoom or any other means of communication agreed with you in advance. There may be an additional charge for face-to-face meetings. 
    •  My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority or if you change the services you require from me and I have to do extra preparation.
    • Where a session or event is due to take place in person, I reserve the right to move that session or event online where circumstances make it necessary or preferable to do so.
  • Your responsibilities
    • You will pay the price for the services in accordance with the relevant services description.
    • You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
    • You and I shall agree a method of communicating with each other between sessions and adhere to that method.
    • Coaching is not therapy or counselling. It may involve all areas of your life.  You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility.  For this reason, although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put in to the programme and the actions we agree.
    • My role is to offer you guidance and accountability and help you make positive lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
    • Coaching does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement, you confirm that you will not use it in place of any form of counselling, therapy or medical treatment. 
    • If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant services description.
    • You will keep me informed of any changes to your medical health or personal circumstances.
  • Charges and payment
    •  VAT is not applicable
    •  The price for the services is set out in the relevant services description.
      •  I require full payment in advance in order to provide the services.
    •  The fees are non-refundable except for:
      •  if you are a consumer, your right to a ‘cooling off’ period, as described in clause 7 below;
      •  where I cancel a programme (other than under 12.3 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
      •  In all other circumstances I am not able to refund to you any of the payments you have made, and you remain liable for the whole price of the [programme] [services] even where you do not complete your sessions with me, as;
    •  payment is for the programme as a whole, not individual sessions;
    •  I care about my service level and so I admit a limited number of people, therefore you are liable to pay the full cost of the programme as I shall stop marketing the programme and not allow anyone else to join it once the places have been allocated; and
    •  This policy is also a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This approach also helps you with your own accountability and commitment to improving your life through my coaching programme.

 

  •  Payment is through the online checkout on my Kajaib site.
  • We shall give you written notice at least [28] days in advance of any increase in my fees. If the increase is not acceptable to you, you may within [10] days of the date of the notice, terminate this contract by giving written notice to me. In these circumstances the services will cease [28] days after the original notice of the price increase.
  • Cooling off period for consumers
    • If you are a consumer, subject to 7.3 you have the right to cancel this contract within 14 days of signing up without giving any reason.
    • The cancellation period will expire 14 days after the date of the contract.
    •  However, if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6.3 will apply and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay my reasonable costs of services provided within that time. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time: booking a session with me for which the allocated date and time will then, also as a service, be reserved for you to the exclusion of all others; or accessing or downloading any digital resources I make available to you; or joining any private social media group associated with my services; or accessing any other supporting materials made available to you.
    • If you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 7.3 for which you will have to pay my reasonable costs.
  • Intellectual property
    • If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
  • How I may use your personal information
    • I shall use the personal information you give to me to:
      • provide the services;
      • process your payment for the services; and
      • inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me).
    • For full details of how I deal with your personal data, see my privacy policy here https://www.heidimarke.co.uk/pages/privacy-policy I shall not give your personal information to any third party unless you agree to it.
  • Confidential information
    • All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so in good faith because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime.
    • Where you participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
    • The obligations in clauses 10.1 and 10.2 will not apply to information which:
      • has ceased to be confidential through no fault of either party;
      • was already in the possession of the recipient before being disclosed by the other party; or
      • has been lawfully received from a third party who did not acquire it in confidence.
    • You will not use any Confidential Information for profit or for your own benefit in any way.
    • Your and my confidentiality obligations under this clause will continue after termination of this agreement.
  • Resolving problems
    • In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
    • I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
    • Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
  • End of the contract
    • If a services description specifies a length of time for services to be provided then subject to clause 12.3 below, the services will terminate at the end of that timeframe.
    • If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.
    • Either you or I may terminate the services and this agreement immediately if:
      • the other party commits any material breach of the terms of this agreement or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this agreement will be terminated if the breach is not resolved; or
      • the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

 

  • If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.
  • If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
  • Limit on my responsibility to you
    • Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
      • losses that:
        • were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry;
        • were not caused by any breach of these terms on my part; and
      • business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.
    • My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability. If you would like me to assume a greater degree of potential liability, please contact me for a revised price for my services.
  • Disputes
    • I shall try to resolve any disputes with you quickly and efficiently.
    • If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.
    • The laws of England and Wales will apply to this contract.
    • In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
  • Entire agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

  • Third party rights
    • No one other than a party to this contract has any right to enforce any term of this contract.

 

 

 

 

 

Subscription Terms and Conditions for subscribers to The Overwhelm to Ease Membership

This legally binding agreement (“Agreement”) is made between Heidi Marke and the individual (“you”) identified in the order confirmation on the  Heidi Marke website or mobile application or vis Heidi Marke’s other online resources (“Website”) or, if you ordered offline, in the order confirmation sent to you. This Agreement includes the terms and conditions set out below and incorporates by reference  Heidi Marke’s Privacy Policy and Website terms and conditionstogether with any disclaimers, guidelines or other terms that may be sent to you by Heidi Marke or agreed to by you, posted on the relevant web page(s) of the Website or included in printed publications that form part of your subscription. 

  1. Introduction 

1.1 These are the terms and conditions on which Heidi Marke agrees to provide you with online access to the membership product(s) and/or any print versions of product(s) to which you have subscribed. By subscribing to and accessing the materials on the  Heidi Marke website, you agree to these terms and conditions. For the purposes of this document, a subscription includes a purchase by you of a membership to The Overwhelm to Ease Membership  or a singular purchase of a ‘course’, ‘coaching/mentoring session’ or other digital product  through the  Heidi Markewebsite. If you do not agree with these terms and conditions you should not subscribe to The Overwhelm to Ease Membership

1.2 References in these terms and conditions to "The Overwhelm to Ease Membership" (or "we", "us" or "our") are to Heidi Marke  ( at Copse View, Holloway, East Knoyle, Wiltshire SP3 6AF). If you need to contact us, please email [email protected] 

1.3 When subscribing to our service(s) you must provide us with accurate and complete information (including payment details, contact and other information) and it is your responsibility to update and maintain changes to that information through your user account. We are entitled to rely on any information you provide to us. All information received by us about you as a result of your subscription or your access to and use of The Overwhelm to Ease Membership will be used by Heidi Marke in accordance with our Privacy Policy

Please read the Privacy Policy for further information about how we may process such information, including your personal data

  1. Your Subscription 

2.1 Contract with Heidi Marke. By submitting your payment and other subscription details you are making an offer to Heidi Marke  to buy a membership to the site. Your offer will be accepted by us and a contract formed only when we have verified your payment details at which point we will confirm your subscription (by sending you a confirmation email or letter to the postal address you have given us) and provide you with access to (and if applicable, deliver to you)Heidi Marke products and services. The contract is a monthly rolling subscription with a 30 day notice period to cancel. If we are unable to accept your order, we will inform you of this and will not charge you for the subscription

2.2 Payment details. You must provide us with complete and accurate payment information and details including your geographical location. By doing this, you are representing to us that: you are entitled to purchase the subscription; and that we may use such payment information and details in order to pay for the subscription (and for us to process such payment) throughout the period of your subscription. You repeat this representation to us when, during the period of your subscription, you need to update your payment details where, for example, your card or other payment method expires or when you change your geographical location. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you). If at any time we do not receive payment or your payment authorisation subsequently expires or is cancelled, we may immediately cancel your access to The Overwhelm to Ease Membership website in accordance with section 2.7B below

2.3 Price. The price you pay for your subscription (and the currency in which you pay) will be stated on the relevant web page of the Website from which you began the subscription ordering process. Such price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your subscription, including in relation to any currency conversion required. Subject to these terms and conditions, in return for us making your Overwhelm to Ease Membership live and the trainings made available to you, you agree to make the payments notified to you at the time of your purchase

2.4 Incorrectly stated prices. While we try to ensure that all prices we display and quote are correct and accurate, errors may occur and, if they do, we will notify you of the mistake. If we incorrectly state a price, we are not obliged to provide you with a subscription at that price. If we do notify you of such a mistake, even after having accepted your offer to buy the subscription at the incorrect price, you may either pay the correct price or you can cancel the subscription (see section 2.7A below) in which case we will then refund any money you have paid us that relates to the unexpired portion of your subscription. If you do neither of these things then we shall be entitled to cancel or suspend your subscription

2.5 VAT. Unless otherwise indicated, the prices we state for our subscriptions are exclusive of VAT which, if applicable, must be paid in addition. 

2.6 Renewals. Your subscription will automatically renew at the end of each month, unless you have cancelled with notice provided to us in writing. If you do not renew each month the subscription will expire and if you were to re-join at another time would be at the price given online at the time you re-join.

2.7A Cancellationby you.
All memberships are an online only subscription, by placing your order, you are requesting and agreeing that we may start your subscription, and provide you with access to the Overwhelm to Ease Membership  website and online trainings as soon as possible following our acceptance of your order. Please note that you have 14 days after the day we email you to confirm we accept your order to change your mind and cancel your subscription, provided that you have not accessed the TLC website during that 14 day period. If you do access the Overwhelm to Ease Membership website within the 14-day period, you acknowledge that you are not entitled to a refund if you then change your mind and cancel your subscription. 

Ending your subscription early because of something we have done or are going to do: If you are ending your subscription for one of the following reasons, the Agreement will end immediately and we will refund you in full for any part of your subscription that has not been provided. The reasons are: (a) we have told you about an upcoming significant change to your subscription or these terms and conditions to which you do not agree (see section 3.3); (b) we have told you about an error in the price or description of the subscription you have ordered and you do not wish to proceed; (c) there is a risk that supply of the subscription may be significantly delayed because of events outside our control; or (d) we have suspended the supply of the products for technical or other reasons, or we notify you that we are going to suspend them for such reasons, in each case for a period of more than 30 days. 

You can cancel your subscription by contacting us at [email protected]  stating that you wish to cancel your subscription and including in your email and your name. 

2.7B Cancellationby Heidi Marke. Heidi Marke reserves the right to cancel your subscription if you do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
Separately, we may cancel your subscription by giving you at least 30 days’ notice in writing where we cease to provide (or to be able to provide) The Overwhelm to Ease Membership trainings and materials to which you have subscribed (including where we have insufficient trainings available; where we cease publishing or no longer own The Overwhelm to Ease Membership or have the right to make them available), or in the unlikely event that we cease to provide our membership subscription services. If we cancel for any of these reasons then we will refund you any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription. 

2.7C Suspensionby Heidi Marke. If you do not pay for the membership to Heidi Marke  when you are required to and you still do not make payment to us within 7 days of us reminding you that payment is due, we may suspend your membership subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending access to The Overwhelm to Ease Membership for this reason. 

We may also suspend the supply of products to you: (a) to deal with technical problems or make technical changes; (b) to update The Overwhelm to Ease Membership to reflect changes in relevant laws and regulatory requirements; or (c) to make changes to The Overwhelm to Ease Membership as notified by us to you. We will contact you in advance to tell you we will be suspending supply of The Overwhelm to Ease Membership, unless the problem is urgent. If we have to suspend the supply of The Overwhelm to Ease Membership for longer than 30 days we will either adjust the price so that you do not pay for your membership subscription during the period when provision of The Overwhelm to Ease Membership is suspended or we will extend the period of your subscription to cover the period when the provision of The Overwhelm to Ease Membership was suspended (at no additional cost).

2.8 Your membership subscription is personal. Your subscription is personal to you and you may not share with, give, licence or transfer to, any other person any of your rights or entitlements under this Agreement (including to access and/or use The Overwhelm to Ease Membership under your user account using your password and/or user email address). You agree to take responsibility for all access to and use of all Overwhelm to Ease Membership materials and trainings that occurs under your user account and to prevent unauthorised use of it. Without further obligation to you, we may cancel or suspend your access to The Overwhelm to Ease Membership if you share your user account details. If you believe that your user account is being used by anyone else, you should inform us immediately via [email protected] We reserve the right at any time to verify and/or validate that you are a personal subscriber to our products and that you are accessing and using The Overwhelm to Ease Membership for your own personal use. 

  1. Your use of The Overwhelm to Ease Membership Materials & Trainings

3.1 Heidi Marke hereby grants you a non-exclusive, non-transferable right to access and use The Overwhelm to Ease Membership for your own personal and commercial purposes (for the business you have on the membership) during the period of your subscription. You shall not: a) create derivative works of TheOverwhelm to Ease Membership trainings and materials (including any translation); b) remove, obscure, or change: an author’s name or affiliation; Heidi Marke’s or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification; c) systematically download or print any part of The Overwhelm to Ease Membership materials and training after subscription ends; d) knowingly permit any third party to access or use The Overwhelm to Ease Membership trainings and/or materials; e) include, mount or distribute any of The Overwhelm to Ease Membership materials or trainings in other works 

3.2 We may make changes to The Overwhelm to Ease Membership trainings and materials, and to the way these are made available to you to reflect changes in the law and regulatory requirements, to implement minor adjustments or improvements. These changes will not affect your use of the Heidi Marke’s materials and trainings. 

If we need to make more significant changes to the Heidi Marke’s trainings and materials, and/or these terms and conditions other than those set out above (for example, because we have decided to make changes to format and/or ‘look and feel’ and/or the functionality and type of our delivery platforms) we will notify you. If you do not agree to the changes we are proposing, you may then contact us to cancel your subscription. 

3.3 You agree to comply with our Website terms and conditions (as may be updated by us from time to time) which apply in addition to and form part of this Agreement. The Disclaimers set out in the Website terms and conditions apply to the Overwhelm to Ease Membership’s trainings and materials and general membership and you agree that your access to and use of TLC’s trainings and materials (or any of them) will be in accordance with, and subject to, the Website terms and conditions. 

Please read the Website terms and conditions before placing your order for a subscription because they do and will continue to form part of the Agreement. 

3.4 While Heidi Marke will (i) use reasonable skill and care in developing theThe Overwhelm to Ease Membership membership and associated materials and in providing you with access to Heidi Marke trainings and materials as part of your membership subscription and (ii) use reasonable efforts to remedy any faults or errors of which we become aware, Heidi Marke trainings and materials are provided and made available to you via your membership subscription on an "as is" or "as available" basis. We make no promises in respect of the quality, completeness or accuracy of the information published. Unless we expressly state otherwise, all Heidi Marke materials and trainings are provided as a resource for your general information and use and are not (nor are they intended) to address your or any particular requirements. 

3.5 Heidi Marke relies on authors, contractors and third party data providers to confirm the accuracy of information and advertisements contained in the Overwhelm to Ease Membership trainings and materials and therefore Heidi Marke cannot and does not warrant the accuracy of the Overwhelm to Ease Membership materials and trainings (or any part of them). Readers should be aware that professionals in the field may have different opinions. You should use your personal judgement about what to incorporate into your daily life.

3.6 All Overwhelm to Ease Membership trainings and materials belong to Heidi Marke  who owns all intellectual property rights (including copyright) in The Overwhelm to Ease Membership. No intellectual property rights in any The Overwhelm to Ease Membership content, training or materials are transferred to you. 

3.7 On cancellation or expiry of your membership subscription, your access to The Overwhelm to Ease Membership (and the right to receive print copies, if applicable) shall cease save that you shall continue to be entitled to perpetual access to The Overwhelm to Ease Membership as provided under section 3.2 above. 

3.8 If Heidi Marke terminates or cancels your subscription for breach of this Agreement by you as provided under section 2.8B above, all rights to accessThe  Overwhelm to Ease Membership materials, trainings and content including the perpetual access granted under section 3.2 (and the right to receive print copies, if applicable) shall cease. 

  1. Our liability to you
    Please read this section carefully - it makes clear to what extent, if any, Heidi Marke accepts responsibility (liability) to you for your use of The Overwhelm to Ease Membership materials. 

4.1 Heidi Marke accepts no responsibility if you incur any loss or damage as a result of using Overwhelm to Ease Membership or Heidi Marke trainings or materials outside the scope of these terms and conditions. Nor does Heidi Marke accept any responsibility in respect of any third party products or services referred to or linked to in any Overwhelm to Ease Membership or Heidi Marke trainings, materials or content. 

4.2 Heidi Marke will be responsible only for loss or damage that is reasonably foreseeable as a result of its breach of these terms and conditions or otherwise as a result of a breach of a legal duty of care owed to you, and Heidi Marke's total financial liability to you is limited to 115% of the price you have paid for your subscription. 

4.3 Heidi Marke is not responsible for, and is not liable to you if you suffer or incur, any loss as a result of matters beyond its reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat. If, due to an event beyond our reasonable control, we are unable to provide access to The Overwhelm to Ease Membership for a consecutive period of more than 28 days, you may cancel your membership subscription and we will refund any amounts that you have paid us in advance that relate to any remaining period of your membership subscription. 

4.4 Heidi Marke's liability will not be limited or excluded in the case of death or personal injury directly caused by Heidi Marke's negligence; nor is Heidi Marke’s liability otherwise excluded or limited for loss or damage that cannot as a matter of law be excluded or limited. 

  1. General 

5.1 Transferring Heidi Marke’s rights and obligations. Heidi Marke may transfer its rights and obligations under this Agreement to another organisation upon notice to you. 

5.2 Severability. Each of the provisions set out in this Agreement operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary). 

5.3 No waiver. If either party fails to exercise any right or remedy under this Agreement then such failure does not amount to a waiver of that right or remedy. 

5.4 Entire Agreement. This Agreement constitutes the complete agreement between you and Heidi Marke relating to your use of The Overwhelm to Ease Membership and Heidi Marke trainings, materials or content. 

5.5 Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If you are not happy with how we have handled a complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Procedure. 

5.6 Law & Jurisdiction. This Agreement will be subject to English law and both you and Heidi Marke agree that the courts of England will have non- exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with this Agreement. 

5.7 Questions & complaints. If you have any questions about your subscription, please contact us on +44 (0) 7922 810021 or email to [email protected]  If you wish to make a complaint, please email in the first instance. We will aim to respond within 48 hours of receiving your email. 

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Heidi Marke (which includes heidimarke.co.uk https://heidimarke.mykajabi.com among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Heidi Marke (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Heidi Marke”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgement or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://heidimarke.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of England, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: September 16th, 2020