Terms and Conditions
Terms and conditions.
Please read all these terms and conditions.
1 About us
We are Parties
Gold Mind Neurodiversity Ltd, a company incorporated in England and Wales with registered number 13320445 whose registered office is at 44 Manor Road Manor Road, Bishopston, Bristol, England, BS7 8PZ (the Company)
2 How to contact us
You can contact us by sending an email to hello@goldmindacademy.com
3 These terms
3.1 These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Gold Mind Neurodiversity Ltd, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
3.4 You must be at least 18 years old. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
3.7 Your use of our site is governed by our Website Terms of Use <insert web link>.
4 Orders
4.1 Please check your order carefully and correct any errors before you submit it to us.
4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy services or digital content from us on these terms.
4.3 If we are willing to accept your order, then we will send you an email with these terms attached, offering to accept your order on these terms. Only once you send us an email reply, in which you explicitly accept our offer on these terms, will there be a binding contract between us. And only after there is a binding contract between you and us on these terms will we send you an email link which will enable you to pay for our services on these terms.
4.4 If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18, or there has been a mistake regarding the pricing or description of the services or digital content, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason. We will refund any monies already paid by you if we reject your order.
5 Availability
5.1 All orders are subject to availability.
5.2 We cannot guarantee that any services or digital content will be available at any given time. We also cannot guarantee that access to services or digital content will be uninterrupted, error free or secure. For example, access to digital content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
5.3 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain services or digital content. If this happens and it affects your order, we will notify you by email, cancel your order and:
5.3.1 in respect of any affected services, provide you with a refund of any advance payments made by you for any affected services that have not yet been provided; and
5.3.2 in respect of any affected digital content, provide you with a full refund (including any delivery costs, if applicable).
6 Making changes to your order
If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible, and within 14 days of placing your order, and we will let you know if it is possible to change your order.
7 Descriptions
7.1 Descriptions of our services and digital content are set out on our site. Please read the descriptions carefully.
7.2 Any pictures and images provided on the site are for illustration purposes only.
8 Technical requirements for digital content
8.1 To download and use the digital content, your device needs to comply with the minimum technical requirements set out here<insert link>. Please read these carefully as you are responsible for making sure that your device meets these requirements.
8.2 You will need internet access to download the digital content and you are responsible for any charges you may incur in connection with your download.
8.3 We are not liable to you if you are unable to download the digital content due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
9 Ownership of Intellectual Property in our services and digital content
This clause 9 applies to you only if you are a business customer
9.1 All the intellectual property rights used in connection with the provision of services and/or digital content that we supply to you shall remain our property or that of the third party who licenses its use to us.
9.2 Subject to clause 9.5, any intellectual property rights which are developed in the performance of the provision of services and/or digital content to you do not belong to you but to us or to a third party with whom we have an agreement.
9.3 If you become aware that:
9.3.1 a third party may be infringing any intellectual property rights in either the services or digital content which we provide to you; or
9.3.2 proceedings have been commenced or threatened by any third party in which the validity or use of any intellectual property rights in either the services or digital content which we provide to you is challenged,
you shall promptly notify us in writing.
9.4 Subject to receipt by us (the Licensor) of all fees as due from you under this agreement, we grant to you (the Licencee), with effect from date of you making this agreement with us, a licence to use our intellectual property rights in the services and/or digital content (the Licence), subject to the following conditions:
9.4.1 the Licence is non-exclusive and, accordingly, we the Licensor may during the provision of our services and/or digital content, and beyond, grant licences of the intellectual property rights in the services and/or digital content provided to you, by us, to third parties and ourselves use the licensed intellectual property rights in the same manner as the Licensee;
9.4.2 the licence is non-transferable and cannot be sublicensed;
9.4.3 the licensed intellectual property rights in the services and/or digital content which we have supplied to you may only be used in connection with the Licensee’s own business purposes, not as an outsourced service provider for another business, and those licensed intellectual property rights may only be used for the intended purposes of this agreement;
9.4.4 the Licence shall subsist for the duration of the provision of the services and/or digital content under this agreement whereupon it shall automatically terminate;
9.4.5 the Licence shall not permit the Licensee to copy, disclose, or permit the copying or disclosure of, any of the services or digital content supplied by the Licensee or any third party.
9.5 If you do not comply with any of the provisions in this clause 9, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order.
9.6 If we end our contract with you in accordance with clause 9.5:
9.6.1 you must immediately stop using the digital content;
9.6.2 we may remotely block your access to the digital content;
9.6.3 you must delete or remove the digital content from any devices; and
9.6.4 we may delete or suspend access to your account.
10 Indemnity
This clause applies to you only if you are a business customer
You shall indemnify, and keep indemnified, us from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under this Agreement.
11 Providing services
11.1 We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process.
11.2 For services provided over a period of time, any completion dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates.
11.3 Our services are available online and through other forms of electronic communication as well as face to face in person. How our service will be delivered to you will be specified in the order confirmation. Online services will be provided via Zoom.
11.4 We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
11.5 Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the services are delayed by more than 2hours, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any services that have not yet been provided.
12 Delivery of digital content
12.1 The digital content you purchase can be downloaded by clicking on the download link in your order confirmation email. Please note that, if you are a consumer, you lose your right to cancel your order once you start to download the digital content. See clause 17 below for more information on your cancellation rights.
12.2 The digital content will be available to download for the duration of your training from the date of your order confirmation email.
12.3 If you do not own the device you use to download the digital content, you must obtain permission from the owner to download the digital content onto their device.
12.4 There is no limit on how many times you can download the digital content.
12.5 If you are having trouble downloading the digital content, please email us at hello@goldmindacademy.com.
12.6 Instructions on how to use the digital content can be accessed here <insert link>.
13 Digital content
13.1 Any digital content we provide to you was designed for use in the UK. We cannot guarantee that the digital content is appropriate for use in locations outside of the UK. If you use the digital content outside of the UK, you are responsible for ensuring that you comply with any local laws.
13.2 Any digital content may only be used in connection with your own purposes as consumer, or your own internal business purposes if you are a business, and not as an outsourced service provider for another business, and may only be used for the intended purposes of this agreement.
14 Use restrictions
14.1 If you are a consumer, any services or digital content are provided to you for your use of them in one to one sessions with your own clients and for your personal use only but not for use in training others to use them with their clients or to enable others to provide services themselves. Other than as permitted in this clause 14.1, you must not use our services or digital content for commercial, business or resale purposes.
14.2 If you are a business customer, any services or digital content are provided to you for your business purposes, only, and not as an outsourced service provider for another business. You must not use our services or digital content for resale purposes to other businesses or individuals, and any services you purchase must be for the purposes of your named business only and not for or on behalf of any third party.
14.3 Your use of any digital content is also subject to clause 13 above.
15 Prices
15.1 Prices for our services and digital content are set out on our site. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
15.2 Prices for our services and digital content, as well as delivery charges, may change at any time. Except as set out in clause 15.3 below, such changes will not affect existing orders.
15.3 If there has been an error on the site regarding the pricing of any of our services or digital content and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
16 Payment
16.1 We accept payment only by Stripe and accept only those credit and debit cards which are accepted by Stripe.
16.2 Any digital content you buy from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.
16.3 If you are buying services from us, we require an advance payment of 100% of the total cost for the services when you place your order. We will take this payment from your card before we send you your order confirmation email.
16.4 If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
16.5 If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 2% percentage points per year above the Bank of England base rate.
17 Consumer cancellation rights
This clause 17 only applies to you if you are a consumer.
17.1 Except in the circumstances listed in clause 17.2, you have the right to change your mind and cancel your order as follows:
17.1.1 in respect of orders for services or digital content, you have 14 days from the date of your order confirmation email to cancel your order.
17.2 You also lose your right to cancel in the following circumstances:
17.2.1 if you requested for us to start providing the services during the 14-day cancellation period and the services are fully performed during this period; or
17.2.2 once you start to download the digital content.
17.3 We will not provide any services during the 14-day cancellation period unless you request for us to do so by ticking the relevant box when you place your order. We are under no obligation to accept your request.
17.4 To cancel your order, please email us at hello@goldmindacademy.com You can also use the cancellation form attached in the email with these terms and conditions. To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
18 Ownership of intellectual property if you are a consumer
This clause 18 applies to you only if you are a consumer customer
18.1 We give you a licence to download and use the digital content provided that you follow all of the rules in the terms of this clause 18. The licence starts when you download the digital content.
18.2 If you are a consumer, the licence is for your use only in accordance with the provisions of clause 14.1.
18.3 You do not own the digital content or any of its contents but you may use it as set out in the terms of this clause 18. You are not allowed to pretend that the digital content is your own or make it available to others to stream or download or use.
18.4 You must not conceal, change or remove any markings which show who owns the digital content, such as copyright (©), registered trademark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the digital content in a way that you are not allowed to.
18.5 If you do not comply with any term in this clause 18, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your order.
18.6 If we end our contract with you in accordance with clause 18.5:
18.6.1 we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this clause 18;
18.6.2 you must immediately stop using the digital content;
18.6.3 we may remotely block your access to the digital content;
18.6.4 you must delete or remove the digital content from any devices; and
18.6.5 we may delete or suspend access to your account.
19 Refunds if you cancel your order
This clause 19 only applies to you if you are a consumer.
19.1 If you exercise your right to cancel under clause 17, we will provide you with a refund as soon as possible.
19.2 Your refund will be subject to the following deductions:
19.2.1 if services have been provided during the 14-day cancellation period at your request, we will make deductions from any refund due to you for the services we provided up to the time that you told us that you want to cancel.
19.3 We will issue your refund to the same payment method you used when you placed your order.
19.4 If the right to cancel does not apply because of one of the circumstances listed in clause 17.2, you will not be entitled to a refund unless the services and/or digital content are faulty. See clause 20 below.
20 Faulty services or digital content—consumers
This clause 20 only applies to you if you are a consumer.
20.1 Any digital content that we provide to you must be as described, fit for purpose and of satisfactory quality. Any services that we provide to you must be provided with reasonable care and skill.
20.2 We are under a legal duty to supply services and digital content that are in conformity with our contract with you.
20.3 If a service is not carried out with reasonable care and skill, you can ask us to repeat the service or to fix it, or get some money back if we cannot fix it.
20.4 If your digital content is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back.
20.5 If you can show that a fault in the digital content has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
20.6 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 17 above. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
20.7 If there is a problem with any services or digital content you have purchased from us, please contact us as soon as reasonably possible.
21 Faulty services or digital content—business customers
This clause 21 only applies to you if you are a business customer.
21.1 We warrant that any services you purchase will:
21.2 be performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and
21.3 be free from material defects at the time the services are completed.
21.4 We warrant that any digital content you purchase will operate materially in accordance with its description on the site for a period of 6 weeks from the date the digital content is first made available for download (Digital Content Warranty Period).
21.5 Subject to you complying with your obligations under clause 21.4, we will (in each case at our option):
21.6 remedy or re-perform or refund any services that do not comply with clause 21.2; or
21.7 correct the errors in, or replace or refund, any digital content that does not comply with clause 21.3.
21.8 If there is a breach of clause 21.1, or clause 21.2, you must:
21.9 notify us by email to hello@goldmindacademy.com within the relevant period as follows:
21.10 in respect of a breach of clause 21.2, within 7 calendar days from the date that the services are completed; or
21.11 in respect of a breach of clause 21.3, within the Digital Content Warranty Period.
21.12 provide us with sufficient information as to the nature and extent of the defects, including to enable us to reproduce the errors or investigate the defect.
21.13 If we provide you with a refund under clause 21.3.2:
21.14 you no longer have any rights to use the digital content; and
21.15 you must remove the digital content from any device and delete any copies.
21.16 Clause 21.3 sets out your sole and exclusive remedy for any breach of clauses 21.1 to 21.2 (inclusive).
21.17 Except as set out in this clause 21, we give no warranties and make no representations in relation to the services or digital content, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979 and sections 12–16 of the Supply of Goods and Services Act 1982, and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
22 General terms
22.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
22.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
22.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
22.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
22.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
23 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
24 Our liability to consumers
This clause 23 only applies to you if you are a consumer.
24.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
24.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
24.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
25 Our liability to business customers
This clause 24 only applies to you if you are a business customer.
25.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the amount of the price of the service and/or digital content already provided to date.
25.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
25.2.1 consequential, indirect or special losses; or
25.2.2 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss or corruption of data;
(c) loss or corruption of software or systems;
(d) loss or damage to equipment;
(e) loss of use;
(f) loss of opportunity;
(g) loss of savings, discount or rebate (whether actual or anticipated); or
(h) harm to reputation or loss of goodwill.
25.3 Nothing in these terms will limit or exclude our liability for:
25.3.1 death or personal injury caused by negligence;
25.3.2 fraud or fraudulent misrepresentation; or
25.3.3 any other losses which cannot be excluded or limited by law.
26 Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here <insert link>, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
27 No third party rights
No one other than us or you has any right to enforce any of these terms.
28 Complaints
28.1 If you are unhappy with us or the services or digital content we have provided to you, please contact us at hello@goldmindacademy.com.
28.2 If we are unable to resolve any issue that you may have with us or the services or digital content that we have provided to you then, as we are members of the International Coaching Federation, you can make a complaint to International Coaching Federation Ethics Review Board using this link https://coachingfederation.org/ethics/ethical-conduct-review-process . If you are unhappy with the outcome of your complaint, or you have chosen not to make a complaint to the International Coaching Federation, and you wish to bring court proceedings regarding us or the services or digital content that we have provided to you, you can still bring court proceedings.
29 Governing law and jurisdiction
29.1 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere in the United Kingdom you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the United Kingdom in which you live. If you reside outside the United Kingdom you may have a right for a court in the country in which you reside to have jurisdiction, but in the absence of any such right you agree that the courts of England and Wales will have exclusive jurisdiction.
29.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).