Terms & Conditions

We are so delighted you have decided to place an order with us!  Please read the following important terms and conditions as part of your purchase process

Summary of some of your key rights:

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your products, in most cases, you can change your mind and get a full refund – see the section on the ‘Cooling Off Period’ below but please note that once you have started streaming or downloading the  product you will lose your right to cancel.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • ‘We’, ‘us’ or ‘our’ means Practical Magic Limited, a limited company with company number 11199909 and with its registered office at 15 York Road, Worthing, West Sussex, BN11 3EN, United Kingdom
  • ‘You’ or ‘your’ means the person using our site to buy products or Programmes from us.

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

email at [email protected]

 

1. Introduction

  1. our website terms and conditions and any documents referred to in them;
  2. specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant webpage for the products.
    1. If you buy products or programmes on our site you agree to be legally bound by this contract.
    2. When buying any products or programmes you also agree to be legally bound by:

The above documents form part of this contract as though set out in full here.

 

2.Your privacy and personal information

    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
    2. Our Privacy Policy is available here: https://www.katetaylorcourses.com/privacy-policy

 

3. Ordering products or programmes from us

  1. When you place your order at the end of the online checkout process by clicking on the ‘complete your purchase’ button we will acknowledge it by email. This acknowledgement does mean that your order has been accepted, see below.
  2. We may contact you to say that we do not accept your order. This is typically for the following reasons:
    1. the products or programmes are unavailable;
    2. we cannot authorise your payment; or
    3. there has been a mistake on the pricing or description of the products or programmes.
  3. We will only accept your order when we email you to confirm this. At this point a legally binding contract will be in place between you and us.
    1. Below, we set out how a legally binding contract between you and us is made.
    2. You place an order on the site by completing your details on the checkout page, and completing your purchase
    3. If you are under the age of 18 you may not buy any products from the site.

 

4. Digital products or programmes

    1. If you are a consumer you have protection under consumer rights legislation, including that I must provide the digital products or programmes with reasonable care and skill.
    2. I shall use reasonable endeavours to carry out the digital products or programmes within the timescales specified on the digital products or programme website but time of performance is not of the essence of this contract. This means where I miss a timescale as advertised on the website, as long as I have used reasonable endeavours to meet the timescale, this will not entitle you to terminate the contract with us or ask for a refund or any form of compensation.
    3. The availability of the digital products or programmes might be affected by events beyond my reasonable control. If so, there might be a delay before I can make the digital products or programmes available again. 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 provide access as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with hosting providers.
    4. In the event that digital products or programmes resources are not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, I shall have no liability in any circumstances.
    5. When you gain access to the resources in the digital products or programmes, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While I use all reasonable endeavours to provide a quality viewing experience, I cannot make any guarantee as to the resolution or quality of the content you will receive.
    6. In order to gain access to the resources in the digital products or programmes, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the membership platform and software from time to time. I may change the requirements for compatible devices from time to time and, whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.
    7. I reserve the right to make changes to the digital products or programmes from time to time. The availability of the content, as well as platforms and compatible devices, may change from time to time. I also reserve the right to replace or remove any resources and the platforms available to you through the digital products or programmes, and to otherwise make changes in how I operate it. I may from time to time, with respect to any or all members offer certain features or other elements of the digital products or programmes, including promotional features, user interfaces, plans, pricing, and advertisements.
    8. No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the digital products or programmes, in which case it will result in the immediate cancellation of digital products or programme without refund. When you become a digital products or programme member you agree to take all actions possible to protect your login details from fraudulent use. I reserve the right to cancel any digital products or programme I believe has been compromised, or is being used fraudulently, at my sole discretion.
    9. The digital product or programme is not suitable for persons under 18 years of age, and by signing up you confirm that you are eighteen 18 years of age or older.

 

5. Your responsibilities

    1. You will pay the fees for the digital product or programme in accordance with the description on the digital product or programme website.
    2. Account, Password and Security.  When you sign up for the digital product or programme you will be given your login information. You are responsible for maintaining the confidentiality of your password and other login information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify me of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only. You may not use another facilitator’s account without prior authorisation from me.
    3. Any content you post or submit to our Facebook Group (if applicable) while you are a member is subject to our website terms of use and acceptable use policy.
    4. You acknowledge that deciding how to handle any issues which may arise as a result of your joining the digital product or programme, the choices you make in relation to them and whether or not you follow through on any information I provide is exclusively your responsibility.  For this reason, although I fully expect great results to come from your participation in the digital product or programme, I cannot guarantee any specific outcomes or that all facilitators will achieve the same results.  The results are entirely dependent on your commitment and the effort you put into the resources I make available.
    5. I am a certified Personal Performance Coach, Master Neuro Linguistic Programming Practitioner & Clinical Hypnotherapist and Certified Qoya Teacher. I am accredited and member of the International Coaching Federation and the Association of Neuro Linguistic Programming. The role of the Facilitation Training Programme is to teach you how to facilitate using the Practical Magic Activation Deck as a toolkit to help others make others take positive actions towards their goals.
    6. My resources and training do not treat mental disorders and are not a substitute for counselling, therapy, mental health care or medical treatment of any kind.  By signing up for the digital product or programme, you confirm that you will not use the resources in place of any form of counselling, therapy or medical treatment.
    7. The resources in the digital product or programme, do not in any way constitute specific advice or recommendations. They are for training and guidance only. I am not able to advise you on your individual circumstances.
    8. Physical exercise disclaimer: Physical exercise, in all of its forms, can be a strenuous physical activity. You are therefore advised to seek the advice of your GP before beginning any physical exercise program, including using the resources [and following the videos] in the digital product or programme.  All suggestions and comments I make regarding poses, moves and instruction are not required to be performed by you and are carried out at your election while using the resources.
    9. By using the resources in the digital product or programme, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities when using the materials learnt in the facilitation training. It is your responsibility to ensure that by following the videos and other resources in the digital product or programme, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time I or instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.

 

6. Fees, payments and expenses

  1. The fees for the digital product or programme are displayed on the website checkout page, and website product page.
  2. Digital product or programme fees are payable by either a one-off payment or recurring payments billed on a periodic basis as specified at the time of purchase (e.g. monthly, quarterly, or yearly) via PayPal or credit / debit card. Your Programme payments will continue on a recurring basis corresponding to the term of your payment plan.
  3. Recurring payments on any payment plan may be owing following completion of the digital product or programme end date. You are liable for the full payment of the digital product or programme fees.
  4. If there is a payment plan and you fail to make a payment on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.
  5. You agree to reimburse any expenses reasonably incurred by me in relation to the digital product or programme over and above what is outlined in this contract.
  6. To meet any third-party expenses as agreed between us in writing during this digital product or programme.
  7. The fees are non-refundable except for:
    1. if you are a consumer, you have the right to a refund during the ‘cooling off’ period, as described below;
    2. where I cancel a programme you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
  8. In all other circumstances I am not able to refund to you any of the payments you have made in advance.
  9. If any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Banks Plc’s base rate.

 

7. Cooling off period for consumers

    1. If you are a consumer, subject to 7.3, you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
    2. The cancellation period will expire 14 days after you sign up for the digital product or programme.
    3. However, if you confirm to me you wish me to gain access to the digital product or programme resources during the 14 day cancellation period then you lose your right to cancel under the cooling off period. Logging into the digital product or programme membership site acts as confirmation. 
    4. 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, as specified in clause 7.3 this will only be the case if you have not logged into the digital product or programme membership site.

 

8. Intellectual property

    1. 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 or commercial use and you may not share them with third parties.
    2. All intellectual property and other proprietary rights in materials provided in connection with the Services are owned by me or my Licensors. These rights include without limitation copyright and any rights in designs.
    3. You shall not acquire any rights in such materials without my explicit permission and approval.
    4. You shall not use such material for any commercial purpose or carry out any action inconsistent with my ownership.
    5. If you become aware of any actual or threatened infringement by any person of the intellectual property and proprietary rights of my materials, you agree to inform me at once in writing

 

9. Photos and recordings

    1. I may record live coaching and guest mentor sessions that I make available to you through the relevant digital product or programme. If you participate in such sessions, you authorise me to use your image and voice in any such recordings without payment.
    2. I shall not use any photos or recordings that include your name, voice or likeness for any other goods or services offered by me, or marketing materials without seeking permission first.
    3. Recordings of calls will be made available to you only. You agree to use these recordings only for the purposes within the remit of the learning has development space of this coaching contract.
    4. You shall not distribute or share any recordings to anyone outside of the digital product or programme. We reserve the right to cancel this agreement if recordings are shared outside of the digital product or programme. The financial commitments to this digital product or programme will remain.

 

10. How I may use your personal information

      1. I shall use the personal information you give to me to:
        1. provide the digital product or programme;
        2. process your payment for the digital product or programme; and
        3. 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.katetaylorcourses.com/privacy-policy

      1. I shall not give your personal information to any third party unless you agree to it.

 

11. Confidential information

    1. All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
    2. Where you participate in any group sessions, for example as part of a group 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.
    3. The obligations in clauses 10.1 and 10.2 will not apply to information which:
      1. has ceased to be confidential through no fault of either party;
      2. was already in the possession of the recipient before being disclosed by the other party; or
      3. has been lawfully received from a third party who did not acquire it in confidence.
    4. Yours and my confidentiality obligations under this clause will continue after termination of this agreement.

 

12. Resolving problems and complaints

    1. In the unlikely event that there is a problem with the digital product or programme, 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.
    2. 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.
    3. 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.

 

13. Limit on my responsibility to you

    1. 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:
      1. were not foreseeable to you and me when the contract was formed
      2. that were not caused by any breach of these terms on my part
      1. losses that:
      2. business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
    2. My total liability to you is limited to the amount of fees you have paid for the digital product or programme.

 

14. Disputes

    1. We shall try to resolve any disputes with you quickly and efficiently.
    2. If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
    3. The laws of England and Wales will apply to this contract.
    4. In the event of a dispute between us, we agree not to engage in any conduct or communications, including on social media, designed to disparage each other or our website, products and services.

 

15. Delivery

  1. If the digital product or programme is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.
  2. If the digital product or programme is to be delivered in instalments we shall supply the digital content to you as specified in the product description.
  3. If something happens which:
  4. is outside of our control; and
        1. affects the estimated date of delivery;

    we will let you have a revised estimated date for delivery of the products.

  2. 5. Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will:

        1. let you know;
        2. cancel your order; and
        3. give you a refund.

16. Payment

    1. We accept payment by Paypal or Stripe via the online check out page. If there are any issues with payment, you can arrange payment via BACs.
    2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
    3. The price of the products includes VAT at the applicable rate unless directly stated on the digital product or programme purchase page

 

17. Nature of the products

    1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
      1. are of satisfactory quality;
      2. are fit for purpose;
      3. match the description.

2. While we try to make sure that the colours of our products are displayed accurately on the site, the actual colours that you see on your computer, mobile phone or other device may vary depending on the monitor that you use.

3. We may discontinue or modify products at any time without prior notice.

 

18. Faulty products

    1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from suppliers of products, you can find out more from Citizens Advice on their website www.citizensadvice.uk or call them on 03454 04 05 06.
    2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights under common law.
    3. Please contact us using the contact details at the top of this page, if the products we supply are faulty and you wish to discuss with us the possibility of:
      1. us repairing the products;
      2. us replacing the products;
      3. a price reduction; or
      4. a refund.

 

19. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

20. Limit on our responsibility to you

  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
    1. losses that:
    2. were not foreseeable to you and us when the contract was formed; or
    3. that were not caused by any breach on our part;
  2. business losses; and
  3. losses to non-consumers.

 

21. 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.