1. Introduction

1.1. Please read these terms and conditions carefully before placing an order. By purchasing services, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services.  You should print a copy of these terms and conditions for your future reference.

1.2. If you are a business, these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.

2. Application of Terms and Conditions

2.1. These terms and conditions (“Terms”) apply to group programs and recurring membership (Membership), operated by Nicolette van Bree-Green, trading as Nicolette van Bree  (“we” or “us”) with our business address at 5 Saxon Close, Hanslope, MK19 7AX, UK.

2.2. By applying to be a member of our Membership, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice, or course of dealing. 

2.3. The agreement is between us and you, the person or entity applying to be a participant of our Membership (“you”), and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm acceptance of your order and shall continue until terminated in accordance with these Terms.

2.4. These Terms should be read in conjunction with our Website Terms of Use nicolettevanbree.com/terms-of-use Privacy Policy nicolettevanbree.com/privacy-notice and Acceptable Use Policy (all of which can be found on nicolettevanbree.com (“site”).

2.5. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.

3. Changes to terms

3.1. We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these Terms for changes. 

3.2. Your continued use and purchase of Membership services following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase. 

3.3. If the revised terms apply to any existing provision of Membership services, we will notify you of the changes. 

4. Privacy policy and Acceptable use policy 

4.1. Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy nicolettevanbree.com/privacy-notice. 

4.2. Any content posted or submitted by you to our site or in our Facebook group or any contribution in group sessions in the course of the Membership is subject at all times to the Acceptable Use Policy. 

5. Membership

5.1. There is ONE levels of Membership

i. The Membership shall be delivered by a combination of online sessions and digital content.

5.2. We may at our absolute discretion refuse either type of membership to any person or entity and we shall not be obliged to state our reasons for such refusal.

5.3. Memberships shall continue unless they are terminated by either of us in accordance with clause 15 below. 

5.4. The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing training and guidance only. 

5.5. The date and time of all sessions included in the Membership are as set out on the scheduling site but are subject to change, including cancellations of individual classes. We will provide you with as much notice of any change as is possible, but we shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.

5.6. Membership is for the sole use of the member and is not transferable to another person without our prior agreement.

6. Virtual Online Group Classes

6.1. If you need to cancel a session for any reason, you should provide as much notice as possible. You will not be entitled to any refund.

6.2. Group sessions shall start and end at the scheduled times, if you arrive late for a session, you may not be allowed access as this could disrupt the session.

6.3. You are responsible for working in a space that is safe and free of obstacles.

6.4. The online sessions and materials of the Membership are held on third party secure servers. We have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Membership but in the event that such content (or any content added by you or other participants in the Membership) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.

6.5. You agree to keep confidential at all times and to not disclose them to any third party the following:

a. class meeting ID’s and password for the video communications

b. user details and your password for the site

c. and 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 that arises from any unauthorised use of your account.

7. Acceptance of order

7.1. After placing an order, you will receive an email from us acknowledging that we received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to purchase the Membership. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms acceptance. The contract between us (Contract) will only be formed when we send you the acceptance confirmation.

7.2. These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing. 

8. Payment

8.1. The price payable for the Membership is as set out on our site and confirmed on the checkout page. 

8.2. Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed Membership unless notified in accordance with these Terms.

8.3. Price changes, we may change the Membership price for confirmed Memberships at any time. Members will be given no less than 20 days’ notice of any changes to their payments. If you do not wish to accept a Membership price change by us, you may cancel your Membership by emailing us at nicolette@nicolettevanbree.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your cancellation before the 20 day period has expired.

8.4. The price payable is inclusive of Value Added Tax except where expressly stated otherwise.

8.5. Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us. We accept payment via our booking and payment system.

8.6. Payment is an upfront program payment followed by recurring monthly payment until cancelled under these Terms. Your membership shall expire when terminated under these Terms. If you wish to continue to have access to the Membership materials, you must renew your membership in the manner advised on our site.

8.7. Your minimum contracted Membership period is 3 month from the date of acceptance.

8.8. Where the payments are stated to be made, are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you.

8.9. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due, we reserve the right to

a. charge interest on such sum from the date due for payment, to the actual date of payment, at the rate of 4% above the base rate from time to time of Barclays Bank accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement and you shall pay the interest immediately on demand; and/or

b. suspend the Membership services until such time as payment is made in full.

8.10. All payments are non-refundable other than as set out in paragraph 11 below.

8.11. Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable, and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

8.12. You hereby certify that you are the holder of the credit/debit card detained when signing up to this contract via the payment system.

9. Provision of Services - Our Obligations

9.1. We warrant to you that the Membership, Program, and materials are of satisfactory quality and reasonably fit for the purpose for which the Membership is supplied.

9.2. Other than as set out in paragraph 9.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.

9.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

9.4. We acknowledge that in the course of the Membership we will have access to your confidential information, and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:

a. any use or disclosure authorised by you or required by law; 

b. any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

c. any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

9.5. We will process your personal data in accordance with our Privacy Policy that can be viewed at nicolettevanbree.com/privacy-notice.

9.6. You acknowledge that in the course of the Membership you may have access to other Member’s participants confidential information, and you agree not to use or disclose to any third party such confidential information.

9.7. We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 below for our responsibilities when an Event Outside Our Control happens.

9.8. We will need certain information from you that is necessary for us to provide the services, for example, Health and Wellness PAR-Q Form. We will contact you via email about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 9.8, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any payment requests already sent you.

9.9. We may have to suspend the Membership services if we have to deal with technical problems, or to make improvements. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 9.9 but this does not affect your obligation to pay for any payment requests we have already sent you.

9.10. If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

10. If there is a problem with the services

10.1. In the unlikely event that you are not happy with the services:

a. please contact us and tell us as soon as reasonably possible;

b. please give us a reasonable opportunity to repair or fix any defect; and

c. we will use every effort to solve the problem within 14 days.

10.2. As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

11. Right to Cancel

11.1. Before we begin to provide the services, if you are purchasing as a consumer, you have the following rights to cancel:

a. you have the right to cancel this agreement within 14 days of the date of our email confirmation of this agreement by emailing us at nicolette@nicolettevanbree.com or by using the Form of Cancellation annexed to this agreement, Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract: and

b. notwithstanding paragraph 11.1(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

c. in relation to the provision of any additional services under this Contact:

i. you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

ii. however, if you cancel an order for Membership services and we have already started providing the services by the time, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.

iii. If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order. 

12. Limitation of liability 

12.1. Nothing in this paragraph 12 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

12.2. We shall not be liable for any loss of earnings, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Membership.

12.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Membership.

12.4. Any claims to be brought under or arising out of the contract must be brought within 6 months of the date of the event giving rise to claim.

12.5. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

12.6. We may make changes and shall not be liable for additional costs incurred by you or for any other liability incurred by you, as a result of changes in (i) the Membership, (ii) any of the Materials or content, (iii) the location of venues, (iv) the time and date of sessions or (v) the delivery mode of the session (for example changing an in person session to an online session. (vi) trainers, instructors, or coaches.

12.7. The provisions of this paragraph 12 shall survive termination of the Contract.

12.8. You acknowledge and agree that:

a. The Contract constitutes the entire agreement and understanding between you and us and supersedes any previous arrangement, promises, assurances, warranties, representations, understanding or agreement between us, whether written or oral, relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);

b. by entering into the Contract with us you do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in these Terms or the Privacy Policy.

c. You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

12. 9. Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. 

13. Circumstances beyond our control

13.1. If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure. 

13.2. Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

13.3. If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms: 

a. you will be notified as soon as reasonably possible; and

b. the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. 

13.4. If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.

14. Intellectual Property

14.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the content or materials provided to you by us as part of the Membership (“Materials”) and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials or the content of the Programme to you or to any other person.

14.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of, or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts contained by us and contained in the content or materials) contained in the Programme.

14.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or Materials for the purposes for which the Membership was provided only.

14.4. Except as set out in paragraph 14.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

14.5. You may not without our prior written consent make any audio or visual recordings of any part of our content, Materials, Membership or Programme.

14.6. We may from time to time record any or all or any part of the Content or Materials being delivered during your attendance.  You authorise us to use your image and voice in any such recordings (and to make use of such recordings in any way we think fit) without payment, other conditions or need for further consent. 

14.7. You acknowledge that certain information contained in the Content, Materials, Membership or Programme is already in the public domain.

14.8. You are not permitted to sell or promote products or services to other members in the Membership at any time without our prior written permission.

14.9. If we supply a product to you as part of the Membership (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings, or illustrations we make in connection with the product for you.

14.10. The provisions of this paragraph 14 shall survive termination of the Contract.

15. Term and Termination

15.1. The Contract shall continue until your membership is terminated by us or you, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.

15.2. You may not terminate your Membership before the minimum contracted period as set out in paragraph 8.6. 

15.3. You may terminate your Membership and the Contract at any time after the expiry of the minimum contracted period as set out in paragraph 8.6 by emailing us at nicolette@nicolettevanbree.com.  No refunds will be provided. Upon termination access to all services will be removed immediately.

15.4. Notwithstanding the provisions of paragraph 15.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

a. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

b. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

c. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

15.5. We may terminate the Contract without any liability to make any refund to you if your continued participation in the Programme is in our opinion causing disruption to the running of the Membership or to other participants. 

15.6. Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract. 

15.7. We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a. you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b. you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

15.8. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms. Including any fees due if you cancel the minimum contracted period as set out in paragraph 8.6. 

15.9. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations, and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.

15.10. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

15.11. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.

15.12. This paragraph 15 shall survive termination of the Contract.

16. General

16.1. By applying for Membership you warrant that:

a. You are legally capable of entering into binding contracts;

b. You are at least 18 years old;

c. You are resident in the United Kingdom, we do not accept orders from individuals outside those countries.

d. You are accessing our site from the United Kingdom; and

e. All information you provide us with is materially true and accurate at all times and not misleading in any way.

16.2. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights or obligations under these Terms Contract without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16.3. All notices sent by you to us must be sent to Nicolette van Bree-Green trading as Nicolette van Bree at nicolette@nicolettevanbree.com. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served 24 hours after an email is sent or two days after the date of posting of a pre-paid first class, recorded delivery, or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped, and placed in the first class, recorded delivery or registered post and, in the case of an email, that the email was sent to the specified email address of the addressee.

16.4. Each paragraph of these Terms are separate and distinct from other. If any court (or other relevant competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

16.5. If we do not insist on performance of your obligations or we delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

16.6. You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

16.7. We may vary these Terms (other than the price payable by you for the Membership) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Membership will be deemed to be your acceptance of any new Terms.

16.8. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing. 

16.9. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.10. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

16.11. These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts. 

17. Medical Disclaimer

17.1. Any information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.

17.2. You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provide and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.

17.3. If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.

17.4. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.

17.5. You agree that you are participating in the Membership at your own risk and that we shall not be liable under any circumstances for any matter arising out of your participation (other than for matters for which we are not legally able to exclude or limit liability such as death or personal injury caused by our negligence or fraudulent misrepresentation). 

17.6. Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law. 

18. Health Data

18.1. By purchasing you accept and agree to the following statement:

BY REGISTERING FOR NICOLETTE VAN BREE SERVICES, I EXPLICITLY CONSENT TO ANY OF THE FOLLOWING SPECIAL CATEGORY DATA THAT I CHOOSE TO SHARE AS PART OF THE MEMBERSHIP AND ONE-TO-ONE SERVICE BEING PROCESSED BY NICOLETTE VAN BREE-GREEN TRADING AS NICOLETTE VAN BREE FOR THE PURPOSES OF THE PROVISION OF THE SERVICES TO BE PROVIDED AS PART OF THE ONE-TO-ONE, MEMBERSHIP AND SOFT TISSUE THERAPY SERVICES: HEALTH DATA, for the purpose of providing .

ANNEX 1

FORM OF CANCELLATION 

(Complete and return this form only if you wish to withdraw from the contract)

To Nicolette van Bree-Green trading as Nicolette van Bree:

I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following services,

Ordered on

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s)

Date

[* delete as appropriate]