Carers Masterclass Services Agreement
We are so pleased you have taken the important decision to sign up to Carers Masterclass and use our services. Please read the following important terms and conditions before you commit to using them.
This contract sets out:
- your legal rights and responsibilities;
- our 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 focus on the important things – your health and wellbeing! Please let us know if there are any clauses that you do not understand or that contradict your understanding of our services.
In this contract:
- 'We’, ‘us’, or ’our’ means Inspired Planet Limited
- ‘You’ or ‘your’ means the person buying or using our services and resources.
If you would like to speak to us about any aspect of this contract, please contact us by e-mail at firstname.lastname@example.org
Inspired Planet Ltd is a limited company and our company number is 13673279, registered at Brunel House, Cook Way, Taunton, Somerset TA2 6BJ. Our trading address is Who Cares 4 Carers, Unit 80451, PO Box 6945, London, W1A 6US.
We provide Carers Masterclass, which contains six sessions which are pre-recorded and include exercise sheets available to download. You will also be asked to join the Carers Masterclass Closed Facebook Group, to receive further support and engage with other Carers.
If you have also signed up to the fortnightly live Zoom calls, you will also receive emails giving you the date, time and link to connect and join these.
These are our services (‘services’) and you and we 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 us to you.
1.1. If you buy services from us (‘services’) you agree to be legally bound by this contract.
1.2. If you use any of our free resources (for example podcasts, worksheet, discovery sessions or any other resources we may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
1.3. When buying any services or using any resources you also agree to be legally bound by:
1.3.2. extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3. 1.3.3. specific terms which apply to our services, for example programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us. Please visit the relevant webpage for the programme or request it from us at email@example.com
All these documents form part of this contract as though set out in full here.
2. Information we give you
2.1. 2.1. Certain sections of this contract only apply to you and us 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 we must give you certain key information before a legally binding contract of sale between you and us is made (see the summary box below). We will give you this information in a clear and understandable way either in this contract or the relevant programme or service description.
We will give you information on:
- the main characteristics of the services you are buying
- who we are, where we are based and how you can contact us
- the price of the services
- the arrangements for payment, carrying out the services and the time by which we will carry out the services
- how to exercise your right to cancel the contract in the cooling off period if you are a consumer
- our complaint handling policy
3. Signing up for our services
3.1. Below, we set out how a legally binding contract to buy services between you and us are made:
3.1.2. Any quotation given by us before you place an order for services is not a legally binding offer by us to supply such services. Any prices set out in a quotation remain valid for 14 days.
3.1.3. When you decide to place an order for services with us, this is when you make a legal offer to buy such services from us.
3.1.4. We may contact you to say that we do not accept your order, for example if we do not think our services are right for you or there has been a mistake in the pricing or description of the services, or our circumstances have changed since we gave you the quotation or online information for the services.
3.1.5. We shall only accept your order when we confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and us, and
(b) we shall start to carry out the services as set out in the relevant programme or services description.
4. Carrying out the services
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.
4.2. We shall carry out the services within the time period which is set out in the relevant services description.
4.3. Each of the six pre-recorded weekly sessions of Carers Masterclass differs in length, from over 40 minutes long to just over an hour long. If you pause any of the sessions to give yourself more time to fill in the exercises provided, this may extend your session further. At the end of weeks 1-5, you will receive a ‘Task Shifter’ exercise. This is for you to take away and fill in for the week.
4.4. There is no timeframe in which you need to have watched and completed Carers Masterclass. Carers are very busy with complex lives. If you are able to watch one session a week, this will make the ‘Task Shifter’ easier and you will get more from the course.
4.5. If you have purchased the Carers Masterclass fortnightly live Zoom calls, you will receive a date, time and link via email to let you know when these calls will take place. The live Zoom calls will be recorded and a link we be emailed to you afterwards, in case you were unable to attend or would like to watch the replay. Carers Masterclass live Zoom calls recordings are only available for Carers who have signed up for and purchased this service. They will not be shared with any other third party.
4.6. If you have purchased the Carers Masterclass fortnightly Zoom calls, these will be ongoing and available to you for three months only. You are welcome to subscribe for more after this period.
4.7. Please note that we may record our calls for training purposes and administration purposes only and by entering into this contract with us you consent to the recording of our calls for these purposes only.
4.8. Our services, including the live Zoom calls, might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services. We shall make reasonable efforts to limit the effect of any of those events, we shall keep you informed of the circumstances and we shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our 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 us and we have to do extra preparation.
4.9. Where a session or event is due to take place in person, we reserve the right to move that session or event online where circumstances make it necessary or preferable to do so.
5. Your responsibilities
5.1. You will pay the price for the services in accordance with the relevant services description.
5.2. Our services do not include counselling. They 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 we fully expect great results to come from Carers Masterclass, we 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.
5.3. Our role is to offer you guidance to help you make positive health and lifestyle changes to your life. The information we provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
5.4. Our services do not treat mental disorders and are 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 our services in place of any form of counselling or medical treatment
5.5. The information contained within the Carers Masterclass course, live Zoom calls and closed Carers Masterclass Facebook group are for educational purposes only. It is the result of the study and experience of the author. Whilst the information and advice offered are believed to be true and accurate at the time of going live, the author cannot accept any legal responsibility or liability for any errors or omissions that may have been made or for any adverse effects which may occur as a result of following the recommendations given herein. Always consult a qualified medical practitioner if you have any concerns regarding your health.
5.6. 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 signing up to Carers Masterclass, that this person is aware of and supports your decision to proceed with the programme described in the relevant services description.
5.7. Carers Masterclass is not licensed or regulated by a government body; it is self-regulated.
5.8. We are not medical professionals, doctors or trained psychiatrists or psychologists.
5.9. During the pre-recorded sessions, you will be assigned exercises, or specific tasks. If you are assigned such tasks they are a fundamental part of the course and it is important that you complete them.
6. Charges and payment
6.1. We are not registered for VAT and therefore VAT does not apply to our prices.
6.2. The price for the services is set out in the relevant services description.
6.3. We require full payment in advance in order to provide the services.
6.4. We work hard to provide quality services to meet the growing needs of our clients. As a result, we want you to be happy with all of our services. If you are not satisfied with our products and services, you have the unconditional right to claim and receive a refund within the 14 day cooling period after the purchase date. For clients based outside of the UK and Europe, this contract does not remove any additional obligatory consumer rights you may have in the country where you are located. Though before asking for a refund, we would encourage you to email us at firstname.lastname@example.org to see if there is anything further we can do.
6.5. If you cancel this contract in accordance with the clause 6.4, we shall reimburse to you all payments received from you, using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
6.6. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, without you seeking repayment from us first: you shall be in breach of this contract; you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach; and we 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.
7. Cooling off period for consumers
7.1. If you are a consumer, subject to 7.3 below, you have the right to cancel this contract within 14 days of signing up without giving any reason
7.2. The cancellation period will expire 14 days after the date you purchased our products or services, and this contract began. For clients based outside of the UK and Europe, this contract does not remove any additional obligatory consumer rights you may have in the country where you are located.
7.3. If you cancel this contract in accordance with the cooling off period in clause 7.1, we shall reimburse to you all payments we 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 us that you wish us to provide the services as specified in clause 7.3. for which you will have to pay our reasonable costs.
8. Intellectual property
8.1. In this agreement, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
8.2. If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us, 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.
8.3. We record live group sessions, in case you have missed a session or would like to watch the replay.
9. How we may use your personal information
9.1. We shall use the personal information you give us to:
9.1.1. provide the services;
9.1.2. process your payment for the services; and
9.1.3. inform you about any similar products and services that we provide (though you may stop receiving this information at any time by clicking the link at the bottom of our newsletter to unsubscribe or by contacting us at email@example.com).
9.2. We shall not give your personal information to any third party unless you agree to it.
10. Confidential information
10.1. 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 we consider it necessary to do so because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime.
10.2. 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.
10.3. The obligations in clauses 10.1 and 10.2 will not apply to information which:
10.3.1. has ceased to be confidential through no fault of either party;
10.3.2. was already in the possession of the recipient before being disclosed by the other party; or
10.3.3. has been lawfully received from a third party who did not acquire it in confidence.
10.4. You will not use any Confidential Information for profit or for your own benefit in any way.
10.5. Yours and our confidentiality obligations under this clause will continue after termination of this agreement.
11. Resolving problems
11.1. In the unlikely event that there is a problem with the services, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
11.2. We may, at our 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.
11.3. 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.
12. End of the contract
12.1. 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.
12.2. If we provide services to you on an ongoing basis and the relevant services description does not specify a time frame, then either you or we may terminate the services by one month’s written notice to each other.
12.3. Either you or we may terminate the services and this contract immediately if:
12.3.1. the other party commits any material breach of the terms of this contract 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 contract will be terminated if the breach is not resolved; or
12.3.2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986. For the purposes of this clause, any breach by you of the rules governing your participation in Carers Masterclass Facebook Group or any other Group hosted by us on another social media platform, constitutes a material breach of this contract which is not capable of being resolved.
12.4. If we decide in our absolute discretion that we are not a good fit for each other, we may terminate this contract immediately on notice, in which case we will give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.
12.5. If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
13. Limit on our responsibility to you
13.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by negligence), we are not legally responsible for any:
13.1.1. losses that:
(a) were not foreseeable to you and us 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;
(b) were not caused by any breach of these terms on our part; and
13.1.2. business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.
13.2. Our 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 our services is calculated bearing in mind this limit on our liability.
13.3. This limitation on liability is an integral part of the commercial bargain between us both, and was a controlling factor in the setting of the fees payable to us under these terms.
14.1. We shall try to resolve any disputes with you quickly and efficiently.
14.2. If we cannot resolve a dispute and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.
14.3. The laws of England and Wales will apply to this contract.
14.4. In the event of a dispute between us, you and we agree not to engage in any conduct or communications, including on social media, designed to disparage our or your website, products and services.
15. 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 us 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.
16. Third party rights
16.1. No one other than a party to this contract has any right to enforce any term of this contract.
16.2. This is our entire agreement with you. This agreement constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
16.3. Amending the agreement. No variation of this agreement shall be valid or effective unless it is in writing and is agreed to by us.