Terms & Conditions of Sale

Up and Up Life

Terms and Conditions of Sale for Products, Online Programmes and Signup

I am so pleased you have decided to use my services or resources – please read the following important terms and conditions before you commit to using them.

This contract sets out:

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

The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

In this contract:

  • ‘I’, ‘me’ or ‘my’ means Ruth Cunningham trading as Up and Up Life; and
  • ‘You’ or ‘your’ means the person buying or using my services and resources.

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at [email protected]

BACKGROUND

I provide mindset and success coaching and online courses.

I am trading as Up and Up Life Ltd and my trading address is 294 Alcester Road, Birmingham B13 8LL UK.

All these documents form part of this contract as though set out in full here between us.

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 
      • 3.1.1        You place your order at the end of the checkout process either by clicking on the relevant payment link on my site, by transferring payment to my bank account or I shall send you the link by email. Please read and check your order carefully before submitting it. Placing your order and making payment does not, however, mean that your order has been accepted.
      •   Any prices set out in a quotation remain valid for 30 days.
      • sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
      • as set out in the programme description on this website or in a services description agreed between us.
    • 4.1            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.
    • is set out in the relevant programme or services description.
    • All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire. 
    • You can rearrange any two coaching sessions during a coaching programme providing you give me at least 24 hours’ notice.  If you give me less than 24 hours’ notice, fail to turn up for a session or have already rearranged two sessions in a coaching programme, you will be deemed to have taken the session and you will not be able to reschedule it or be entitled to any compensation for missing it.
    • All sessions take place remotely via the means of communication agreed with you in advance.  There may be an additional charge for face to face meetings.
    • Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.]
    •  illness, IT issues and problems with internet connectivity.
    • The payment options generally available for my coaching services and courses are Credit/Debit Card and/or PayPal. The relevant programme or services description will state if a payment plan is available. If there is a payment plan and you fail to make any of the instalment payments 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.
    • My refund policy is as follows:
    • No refunds and the client remains liable for the full amount unless a consumer cancels in the cooling off period or if you cancel a programme. The fees are non-refundable except for:
      • if you are a consumer, your right to a ‘cooling off’ period as described below; and
      • 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 full cost of the services, even where you do not complete your sessions with me, as payment is for the programme as a whole, not individual sessions.  This is 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 policy also helps you with your own accountability and commitment to improving your life through my coaching programmes and courses.

In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company.  In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

  • Payment is via the payment button on my website or sales page or as agreed between us.
    • 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 Bank plc’s base rate.
    •  
  • Cooling off period for consumers
    •  You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
    •  
    • However, if you confirm to me you wish me to start to provide the services during the 14 day cooling off period then you lose your right to cancel.  At this point my refund policy set out in clause 6.3 will apply.  You confirm you wish me to start to provide the services by any of the following: booking a session with me; 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.
    •  
  • Intellectual property
    • If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we 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. 
    • I shall not give your personal information to any third party unless you agree to it.
  • Confidential information
    • 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. 
    • 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.
    • Your and my confidentiality obligations under this clause will continue after termination of this agreement.
    •  
  • Resolving problems
    • 12.1         If a programme or services description specifies a length of time for services to be provided, then subject to clause 12.2 below, the services will terminate at the end of that timeframe.
    • each other.
    • commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
  1.  and it will not operate to affect any provisions that expressly or by implication survive termination
  2.  including loss of business, loss of profits, loss of management time and loss of business  opportunity.
  3. My total liability to you is limited to the amount of fees, if any, paid by you for the services
  4.  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.
  5. 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.
  6. 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. 
  7.  

No one other than a party to this contract has any right to enforce any part of this contract.

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 receiving coaching alongside your medical treatment.

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 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.