Terms of Sale

 

Please read these Terms of Sale carefully before purchasing, accessing or using any Programs, Products, Courses, Meditations, Services or Program Material offered by Anna Daphna Coaching Ltd.

 

  1. General 

 

1.1 The Programs, Products, Courses, Meditations, Services or Program Material offered on this site are owned and operated by Anna Daphna Coaching Ltd (hereafter referred to as “Anna Daphna Coaching Ltd”,“we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products, Courses, Meditations, Services or Program Material.

 

1.2 By placing an order for any of our Programs, Products, Courses, Meditations, Services or Program Material, on www.annadaphna.com you agree to be bound by these Terms of Sale. By using any of our Programs, Products, Courses, Meditations, Services or Program Material you are agreeing to these Terms of Sale as they appear and are legally bound by them, regardless of whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products, Courses, Meditations, Services or Program Material.

 

1.3 We reserve the right to change these Terms of Use from time to time and such modifications shall be effective upon posting on the site www.annadaphna.com  or via email with the subject line specifically stating “amendment to existing agreement” or similar language denoting the Agreement has been modified.

 

1.4 All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen 18 years of age or older. By accessing or using any of our Programs, Products, Courses, Meditations, Services or Program Material, you confirm that you are at least 18 years old.

 

  1. Payment

 

2.1 You agree to pay the price stated at the time of booking.

 

2.2 You agree to either pay the total amount due or the first instalment of your price plan as agreed at the checkout.

 

2.3 Where you choose to pay by way of payment plan, the payment will be automatically deducted from your nominated debit/credit card, PayPal, Stripe or GoCardless Direct Debit service on a specified day of each month. Failure to make payment will result in the cancellation of your place on the selected program and you will not be entitled to receive a refund. 

 

2.4 You are responsible for payment of the entire fee, regardless of whether you attend all sessions, and regardless of whether you have selected a pay in full or monthly payment plan. If for any reason you choose to cancel any part of the program, you must pay or continue to pay the remainder of the balance (subject to clause 3 below). 

 

  1. Returns and refunds

 

3.1 Where you have purchased an in person or live Program, Course, or Service, you can choose to cancel your purchase within 14 days from the date of your purchase (provided the Program, Course or Service has not already commenced).

 

3.2 If we have incurred any reasonable costs any money you have already paid may not be reimbursed.

 

3.3 If you request a cancellation after 14 days from the date of your purchase or if the Program, Course or Service has already commenced you will not be entitled to a refund.

 

3.4 Where your purchase includes a digital Program, Product, Course, Meditation or Program Material, you cannot request a cancellation or refund after you have started to download, stream or access the material.

 

3.5 By purchasing a digital product from our website you acknowledge and agree that you are waiving your rights to cancellation.

 

3.6 If you experience any issues or faults with any digital Programs, Products, Courses, Meditations or Program Material please contact us at sessions@annadaphna.com and we will look into the issue.

 

  1. Price of goods

 

4.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.

 

4.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

 

4.3 We sell a large number of Goods through our site. It is possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid. 

 

  1. Use of Programs, Products, Courses, Meditations, Services or Program Material

 

5.1 We have invested significant time, effort and expense into our Programs, Products, Courses, Meditations, Services and Program Material. This information is valuable, special and are unique assets belonging to Anna Daphna Coaching Ltd,  which require protection from improper and/or unauthorised use.

 

5.2 By purchasing any of our Programs, Products, Courses, Meditations, Services or Program Material you agree that your access will be for your own personal use and reference. You must not at any time permit any product to be used for any other purpose.

 

5.3 When you enrol in or purchase our Programs, Products, Courses, Meditations, Services or Program Material you agree that you are clearly and expressly prohibited from doing the following: 

 

  • You are not permitted to use, copy, adapt or represent any of our Programs, Products, Courses, Meditations, Services or Program Material in any way to imply or indicate that they are your property or are created by you. 

 

  • You are not permitted to copy, share or steal our Programs, Products, Courses, Meditations, Services or Program Material, or any parts of them.

 

  • You are not permitted to engage in improper and/or unauthorised use of our Programs, Products, Courses, Meditations, Services or Program Material. This includes copying any information purchased or accessed through our Programs, Products, Courses, Meditations, Services or Program Material for business/commercial use or in any way that earns you or anyone else money. Such activity includes, but is not limited to, publication or compilation into your own or anyone else’s products, modifying, copying, reproducing, sharing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means).

 

  • You must not breach our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Courses, Meditations, Services or Program Material for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Programs, Products, Courses, Meditations, Services or Program Material.

 

  • You are not permitted to use our Programs, Products, Courses, Meditations, Services or Program Material in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by us through our prior written consent. 

 

  • You understand and agree that engaging in the prohibited use or the improper and/or unauthorised use of our Programs, Products or Services or Program Materials as set forth in these Terms of sale is considered theft and stealing. You agree and understand that prohibited use, improper and/or unauthorised use may give rise to a civil claim for damages and/or be a criminal offence.

 

  1. Intellectual property

 

6.1 You agree that all products, whether modified or not, and all intellectual property and copyrights contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

 

6.2 You are being granted a limited license to use our Programs, Products, Courses, Meditations, Services or Program Material with permission and restrictions. You are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified herein.

 

6.3 You are prohibited from reproducing, copying , re-selling , sub-licensing , renting, sharing or otherwise distributing any of our Programs, Products, Courses, Meditations, Services or Program Material, whether modified or not, to any third party. This includes, but is not limited to, the design, layout, appearance, logo design, techniques, graphics of our Program Materials or any other material or aspects of materials provided by us to you, any trademarks, taglines, slogans, and logos displayed on Program Materials. You understand that these materials are owned by Anna Daphna Coaching Ltd. 

 

6.4 You are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, workbooks or meditations for resale or mass reproduction purposes. This includes sharing this program with your friends, family, colleagues, etc.

 

6.5 You may not use our Programs, Products, Courses, Meditations, Services or Program Material in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by Anna Daphna Coaching Ltd.

 

6.6 You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

 

  1. Guarantees

 

7.1 Whilst we endeavour to ensure that our products are fit for the use of our customers, we accept no responsibility for the accuracy of information or suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. 

 

7.2 Anna Daphna Coaching Ltd. does not guarantee or represent in any way that you or your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. Your success depends on many factors, including but not limited to your personal motivation, your time commitment, how effectively you implement the strategies taught in the course, your efficiency in following up on each module of the course, and the particular market and industry in which your business operates.

 

7.3 Any testimonials, stories shared, descriptions, or examples used in materials, on our website, or during online programmes are not a guarantee of any particular result or success. Any express, or implied promise, or representation made by Anna Daphna Coaching Ltd is not intended to represent or guarantee that you will achieve the same or similar results.

 

7.4 Anna Daphna Coaching Ltd does not provide medical, legal, investment, or financial advice. All opinions are provided for your consideration and should not be solely relied upon. It is your responsibility to obtain professional advice.

 

7.5 We shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

 

7.6 We reserve the right to amend the techniques used during the package based on the subject area being worked on and the suitability of the modality.

 

  1. Delivery of Programs, Products, Courses, Meditations, Services and Program Material

 

8.1. Our Programs, Products, Courses, Meditations, Services and Program Material are delivered in a variety of formats which is specified on the description on the site. This may include a combination of online sessions, live group sessions, pre recorded sessions, one to one in person sessions, or as a downloadable product.

 

8.2. It is your responsibility to ensure you have read the description and understand the mode of delivery for all purchases.  

 

8.3 Whilst we have made every effort to ensure that the availability and delivery of our products are of a high standard, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates.  Where possible, we will endeavour to limit the frequency and duration of suspension or restriction. We will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Courses, Meditations, Services or Program Material become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Courses, Meditations, Services or Program Material inaccessible to you.

 

8.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 

 

  1. Live group and one to one sessions

 

9.1 The date and time of all live sessions are as set out on the site but are subject to change. We will provide you with as much notice of any change as reasonably possible, but we shall not be liable to you in any way for any change to such dates or times. Where sessions are scheduled for fixed dates and times it is your responsibility to ensure you attend on time. If you are late for your session you may not receive the full time allocated.

 

9.2 For one to one sessions it is important that you arrive on time. If you are more than 15 minutes late for your session you will forfeit the session and will not be entitled to a refund.

 

9.3 Group sessions shall start and end at the scheduled times regardless of the time that you join the call. If you are late for a one to one session, you will not be entitled to receive a refund of amounts in relation to such session.

 

9.10 Where the Program includes an in person event you are responsible for your own travel, subsistence and accommodation costs (unless otherwise specified).

 

  1. Pre-recorded programs

 

10.1 Pre recorded programs may be held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Program.  We shall not be liable in the event that such content is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored.

 

10.2 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.

 

  1. Use of online or shared platforms

 

11.1 By posting or submitting any material on or through our Programs, Courses, or Services such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. 

 

11.2 As part of the selected program you may be provided with access to a private Facebook or other Group hosted on a social media platform. These Terms apply to all Groups created by Anna Daphna Coaching Ltd. 

 

11.3 By participating in our private Groups, coaching calls or inside the online course portal (including our Facebook community), you consent to us using photographs, videos, audio recordings, testimonials and/or any other materials submitted by you to us in connection with your participation in our Program, Course or Services for our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

 

11.4 You understand that the Group may be hosted on a public platform and therefore, your privacy cannot be guaranteed. Whilst we endeavour to keep the group private and confidential, once things are posted online we are unable to control its reach. You understand that you are responsible for any information that you share in the group and you understand that other members will also see what is posted. 

 

11.5 You must not share or repost any content outside of the Group.

 

11.6 You understand that the following behaviour is prohibited in all platforms created and used by Anna Daphna Coaching Ltd:

 

  • Self promotion (unless permission is obtained directly from us)

  • Spam or attempts to solicit clients.

  • Abusive or discriminatory posts, hate speech, direct or indirect attacks on an individual or group.

 

11.7 Any prohibited behaviour will result in immediate termination of this Agreement in accordance with clause 15 of this Agreement

 

11.8 Should you wish to privately offer sessions to clients, this will be your sole responsibility and your business will be separate from Anna Daphna Coaching Ltd.. 

 

11.9 Participation in Programs, Courses or Services offered by Anna Daphna Coaching Ltd is not intended to, or shall not be deemed to establish any partnership or joint venture between you and Anna Daphna Coaching Ltd.

 

  1. Third party/Affiliate services

 

12.1 From time to time we may invite guest speakers or include links to third party offers and promotions. These are included to provide you with access to information, products or services that you may find useful or interesting. Anna Daphna Coaching Ltd is not responsible for any content provided by third parties and the inclusion of their services does not imply any endorsement or association.

 

12.2 If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Courses or Services, you understand that all business transactions are solely between you and the third party. You agree that Anna Daphna Coaching Ltd shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as the result of such dealings with a third party.

 

  1. Force Majeure

 

13.1 If, as a result of an act of God, force majeure, public emergency, restriction imposed by law or for any other cause beyond our reasonable control, we are unable to provide services to you, Anna Daphna Coaching Ltd. shall not be in breach of this agreement but shall be authorised to substitute a reasonably satisfactory date and time to provide services.

 

13.2 If no such time is available, the remainder of the fees due for any service(s) that have not yet been provided will be waived. 

 

13.3 Anna Daphna Coaching Ltd. shall not be liable for inability to provide services or fulfil the agreement in those circumstances. 

 

  1. Waiver

 

14.1 You acknowledge and take full responsibility for all decisions made during and after the program. In furtherance and not in limitation of the foregoing, you hereby and forever waive, release and discharge Anna Daphna Coaching Ltd, its directors, administrators, officers, agents, employees, representatives, executors and all others acting on its behalf (the “Released Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property or that of your family (where applicable), including those caused by any negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation in the program or in connection with services provided by Anna Daphna Coaching Ltd. or the Released Parties.

 

14.2 The waiver or failure of Anna Daphna Coaching Ltd. to exercise any obligation under this Agreement shall not be deemed a waiver of any further right

 

  1. Termination

 

15.1 Anna Daphna Coaching Ltd. reserves the right to terminate this Agreement at any point if we feel that you are being disruptive, are acting in breach of the law, or are in violation of this Agreement. All fees will become payable by you upon termination of this Agreement.

 

15.2  If the conditions set out in this Agreement are not met, you understand and accept that you may forfeit any remaining sessions and you will not be eligible for a refund.

 

  1. Confidentiality

 

16.1 Confidential information refers to any data or information relating to you, whether business or personal:

 

- which would reasonably be considered to be private or proprietary to you;

 

- that is not generally known, and;

 

- where the release of that confidential information could reasonably be expected to cause harm to you. 

 

16.2 Anna Daphna Coaching Ltd. agrees that we will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which we have obtained, except as authorised by you or as required by law. The obligations of confidentiality will apply for the duration of the session and will survive indefinitely upon termination of this Agreement. 

 

16.3 All written and oral information and material disclosed or provided by you to us under this Agreement is confidential information regardless of whether it was provided before or after the date of this Agreement or how it was provided to us, unless it falls under clause 11, 17 or 18.

 

16.4 Any information disclosed to you by Anna Daphna Coaching Ltd. as part of the course must also remain confidential.

 

16.5 The nature of the course will mean that participants may share sensitive and personal information during the course. All information shared by other participants must be kept confidential at all times.

 

  1. Photography and Filming

 

17.1 We may ask for your consent to use photographs and/or video recordings including images of you, both internally and externally to promote our services.

 

17.2 You understand that these images may be used in print and digital media formats, including print publications, website, e-marketing, posters, banners, advertising, film, social media, and teaching purposes.

 

17.3 You have the right to request to see a copy of the information we hold about you and to request corrections or deletions of the information that is no longer required.

 

17.4 You can ask Anna Daphna Coaching Ltd. to stop using your images at any time, in which case it will not be used in future publications, but may continue to appear in publications already in circulation.

 

  1. Testimonials and feedback

 

18.1 We may ask you to provide a testimonial of your experience with us.

 

18.2 Should you wish to provide a testimonial, or if you voluntarily provide any feedback by email or in Groups (including on our social media pages), coaching calls or inside the online course portal, you confirm that you give your consent for Anna Daphna Coaching Ltd. to use the text in its entirety, or in part in order to promote our business.

 

18.3 You agree and consent that any comments made to or about Anna Daphna Coaching Ltd. or its practitioners by you in Groups (including on our social media pages), coaching calls or inside the online course portal (whether on a personal profile, business profile or in a group) can be used by Anna Daphna Coaching Ltd. in order to promote our business.

 

18.4 You confirm that the testimonial, feedback or comment can be used in all media, including: printed materials, business communications, presentations, social media and in the advertising of services generally.


18.5 You give consent to Anna Daphna Coaching Ltd. to edit the testimonial as necessary, without consulting you, provided the message remains the same.

 

18.6 You give Anna Daphna Coaching Ltd. consent to refer to your business name and first name on the testimonial and agree that the testimonial is given voluntarily and you will not receive financial compensation for it. 

 

  1. Complaints

 

19.1 We are committed to providing the best service possible. If for any reason you are not satisfied with the service, please contact us in the first instance.

 

19.2 We will look into your complaint and where you have a genuine concern we will endeavour to resolve the issue. 

 

19.3 If you are not satisfied with the outcome, you agree that any dispute arising out of or related to this Agreement or the Course shall be submitted to mediation in good faith to settle such a dispute. The mediator will be nominated by Anna Daphna Coaching Ltd. and any reasonable suggestions you provide of a mediator will be considered.

 

  1. Severability

 

20.1 If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.

 

  1. Governing Law

 

21.1 The terms of this Agreement apply internationally to any and all purchasers and/or users of any Programs, Products, Courses, Meditations, Services or Program Material owned and operated by Anna Daphna Coaching Ltd.

 

21.2 This Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

 

  1. Entire Agreement

 

22.1 This Agreement is the entire agreement and understanding between Anna Daphna Coaching Ltd. and you and supersedes any prior agreement or understanding whether oral or written relating to this Agreement.