Terms & Conditions
1. Introduction
These terms and conditions (“Terms”), together with our privacy notice and website terms of use, which can be found on our website at www.jenniferlapidus.co.uk (“Website”), apply to the provision of our services as shown or described on our Website or connected sales pages (“Services”) and you, the purchaser of our Services, are deemed to accept them when you tick the box or otherwise provide your electronic acceptance or when you provide payment of the Fee (as defined below). If you do not intend to be bound by these Terms then you should not visit our Website or purchase, use, or access any of our Services.
We reserve the right to make changes to these Terms at any time. All changes will be posted on our Website or notified to you by email. Your first use of our Website or your continued use of any Service, following any changes, constitutes your acceptance of the updated Terms, therefore please review these Terms on our Website regularly to keep informed of any changes.
Where we deem it necessary to vary or modify these Terms (other than any Fee) then we shall notify you of any changes by email and your continued use of our Services will be deemed as your acceptance of any changes.
If you purchase a particular item or service then you may be asked to agree to separate terms and conditions which are specific to that item or service. Should a dispute or conflict arise then any separate terms that are agreed will take priority over these general terms and conditions.
2. Our Services
By choosing to purchase our Services you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
Our Services are intended to offer you the opportunity to obtain greater insight into your uniqueness which can be used to support and empower your personal navigation of life’s challenges. Our Services are delivered virtually and online only, with face-to-face options available strictly by prior arrangement. You will need access to the internet to fully access our Services.
When we deliver our Services, we will do so with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that any Content we provide (as described below), is fit for purpose and as described. We shall take all reasonable steps to ensure that access to our Services is available to you at the agreed times, but we shall not be liable where access is temporarily restricted or limited due to routine or unexpected maintenance or an issue arising with a third-party system which is outside of our control.
Should an unforeseen or unexpected event arise which prevents us from providing any Service to you, then we shall notify you by email. We shall not be liable to you for any failure or delay in the provision of any Service which is caused by circumstances beyond our reasonable control. In the event such an unforeseen or unexpected event arises which continues for longer than 3 months then either of us will be entitled to terminate our arrangement by providing the other with 14 days’ notice in writing. This does not affect any other right to terminate as set out within these Terms and any relevant pro-rated refund will be at our discretion.
Where the Service you purchase includes a private 1-1 meeting (“Consultation”) then this will take place via our virtual online meeting facility or telephone, as agreed between us, and you will be responsible for ensuring you have suitable systems in place to attend.
You will be responsible for scheduling the date and time of your Consultation with us via our online calendar system and for attending at the agreed time and place free from disruptions and prepared to provide your full time, energy and attention to the Consultation.
If you need to cancel and reschedule a Consultation, you agree to provide at least 48 hours’ notice. You can reschedule directly via our online calendar system or by sending an email to jennifer@jenniferlapidus.co.uk. If you fail to provide the required notice you accept you will forfeit your right to that Consultation and no refunds will be made.
Given the preparatory work we undertake prior to any Consultation, you accept that Consultations may only be rescheduled once and any rescheduled Consultations must take place within 4 weeks from the original Consultation date otherwise you will forfeit your right to that Consultation and no refunds will be provided.
If we are waiting for you to attend a Consultation for more than 15 minutes, we reserve the right to treat you as a no show and you will forfeit your right to that Consultation. No refunds will be provided in these circumstances.
3. Your welfare when using our Services
All information we provide or share as part of our Services is provided for research, spiritual and entertainment purposes only. Whilst some of our Services can be used for personal development purposes, they should not be seen as a substitute for counselling or other therapy services, or as an alternative to any existing medical treatment that you are undergoing or may require. If you are currently seeking medical or other professional help concerning your physical or mental health, or if you are unsure as to your physical or mental capacity to fully and safely use or access our Services, then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant. At all times during your access to and use of our Services you shall remain fully responsible for your own health and wellbeing. You should not stop taking any medications or undertaking any medical treatments without first speaking to your qualified medical or healthcare provider.
Whilst we strongly believe in the benefits that our Services offer, the results and outcomes which you may experience will vary and are not guaranteed.
Any information or other Content we share as part of our Services is for guidance purposes only and we do not warrant or guarantee the relevancy, accuracy or quality of any information or Content provided. All information and Content that we do provide will be subject to your own personal interpretation.
During your use of or access to our Services, you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and accessing our Services you are confirming to us that you are mentally well enough to do so and that you understand that you are, and will remain at all times, personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your access to and/or use of our Services and we reserve the right to terminate your access where we have concerns as to your suitability to safely use them.
If, following your use or access to our Services you choose to make any decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or health and wellness, you accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your purchase and use of our Services.
Outcomes and results from a Consultation vary and are not guaranteed. You accept and understand that we are unable to guarantee that you will achieve the result you desire from the Consultation, or any particular details or information you may desire.
We are not qualified medical or health practitioners and do not provide medical consultations or advice relating to medical, psychological, psychiatric or any health conditions. If you require information or assistance concerning any medical or health related issue then you should seek the advice of your qualified medical practitioner.
We do not provide any financial or legal advice. If you require information concerning these subjects then you should contact a suitably qualified professional.
4. Your Purchase of our Services
Your order and purchase of our Services is a contractual offer that we may choose to accept.
Our welcome email confirms acceptance of your order and our legally binding agreement.
If your order is not accepted, we will notify you by email and provide a full refund.
In the event it comes to our attention that a Service is incorrectly priced on our Website, where the correct price is lower than the price shown on our Website, we shall charge the lower amount. Where the correct price is higher than the price shown on the Website, we shall contact you to ask whether you wish to proceed with the purchase at the correct, higher price, or we shall reject your order and notify you that your order has been rejected.
Where a pricing error exists and that error is obvious, unmistakable and could have been reasonably recognised by you then we shall have no liability or obligation to provide the Service to you at the lower, incorrect price.
Where we offer a discount or other promotional offer or code then these will be subject to individual terms and conditions.
Our agreement is between you and us. You cannot transfer your rights and obligations under these Terms without our written approval and no third party shall have any right to enforce any of these Terms.
5. Payments and Charges
The purchase price of all Services will be as shown on our Website and your payment checkout page at the time of purchase (“the Fee”) except where there is an obvious error.
If you choose to pay the Fee by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to our Services, you agree to provide full payment of the Fee within 7 days from access being provided.
Our Fees are calculated based upon our knowledge and experience and the time, effort and availability of the Services taking into account any preparation and administration time and are not based on your actual usage and/or level of attendance. You agree and acknowledge that you shall not be entitled to any form of credit to, or deduction from, the Fee for any non-attendance or lack of usage of any part of our Services on your part.
All Fees are non-refundable unless:
you purchase the Service as a consumer and you cancel within the cancellation period as further described in clause 6, below; or
we stop or cancel delivery to you (as set out in clause 8.3), in which case you shall be entitled to a partial refund calculated on a pro-rata basis having regard to the extent of the Service which you have paid for but have not yet received.
We reserve the right to change our Fees at any time. Any changes will not affect the price of any Service where payment has already been made and a confirmation email sent.
6. Your rights as a consumer
Where you purchase any Service from us as a consumer then you have a right to cancel and receive a full refund within 14 days starting from the day after we send our confirmation email. If you wish to cancel within the 14-day period then you must notify us in writing by email to jennifer@jenniferlapidus.co.uk.
Upon receipt of your notice of cancellation:
if you have not already accessed any part of our Service or we have not begun delivery of the Service within the 14-day cancellation period, then we shall cancel your order and provide you with a full refund of any Fee you have paid to us; or
if you have accessed any part of the Service or we have begun delivery of the Service within the 14-day cancellation period, then you acknowledge that you will be responsible for any reasonable costs we have incurred in connection with the delivery of the Service which may include preparatory time and work, and such costs will be deducted from any refund due to you, or, where payment of the Fee has not yet been made, you will be responsible for proving payment of the pro-rated Fee.
Where we offer you the opportunity to receive immediate access to any Service before the 14-day cancellation period has expired, then if you choose to book a Consultation or otherwise use or access our Services during that period, you acknowledge that you will lose your right to cancel in accordance with this clause. This does not affect any other rights you may have as a consumer.
For more detailed information concerning your rights as a consumer you should visit the Citizens Advice website at www.advice.org.uk.
7. Complaints or concerns
We want you to be entirely happy with our Services. In the event you have any concerns, you agree to let us know by email to jennifer@jenniferlapidus.co.uk and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.
8. Cancellation and Termination
The agreement between us shall begin when we send your welcome email and it shall continue until the delivery of your Service has completed or it is terminated earlier in accordance with these Terms.
You may terminate our agreement and your access to our Services at any time by providing us with notice in writing to jennifer@jenniferlapidus.co.uk. Please remember that unless the circumstances in clause 5.4 apply, no refunds will be made and you will remain liable for full payment of the Fee, despite any notice of cancellation.
We may cancel our agreement with you at any time where we are unable to continue providing the Service for any reason. In such circumstances we will provide you with notice in writing and provide you with a refund in accordance with clause 5.4.2 above.
We reserve the right to terminate your access to any Service, with immediate effect, by providing written notice in circumstances where you commit a serious or continued breach of your obligations under these Terms.
Upon termination for any reason:
any private social media accounts, any Content, and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access; and
any Fee or other monies owed by you to us will become immediately due and payable; and
any provision of these Terms which either expressly or by its nature relates to the period of time after termination, shall remain in full force and effect, in particular clauses 3,4,5,8,9,10,11 and 12.
Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.
9. Our Liability
Our Services are intended to be used as described on our Website and on the basis set out within these Terms and should not be used for any other purposes.
We warrant that our Services are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used as described on our Website.
Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
Our liability to you for any losses that you suffer as a result of us breaching these Terms is limited to the Fee paid by you at the time any loss is sustained.
We shall not be liable to you (whether caused by us, our agents, employees or otherwise) for:
any indirect, consequential or special damages, losses or costs;
any loss of profits, data, reputation or goodwill or any such anticipated losses;
any failure to deliver our Services where we are prevented due to a reason beyond our reasonable control; or
any losses arising from your choice of Service requested or your use of a Service once delivered or accessed.
Any losses or damages arising from your use of our Website or the use or reliance upon any Content or other information found on our Website.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
We are unable to guarantee the transmission of information via the internet as it is not always secure. We shall do our best to protect your personal data but we are unable to guarantee the security of any information, including personal data, that is transmitted to us via our Website or otherwise through the internet. Any information that you send to us is at your own risk.
Nothing in these Terms seeks to excuse or limit your legal rights as a consumer, where applicable. For further information concerning your legal rights please contact your local Citizens Advice Bureau.
10. No Guarantee
You agree and understand that use of and access to our Services does not guarantee any particular outcome, results or success. When using or accessing our Services, we may provide you with information, resources, Content and support all designed to benefit you but it remains, at all times, your responsibility to personally interpret any information shared and to make such decisions or take such action as you consider necessary based upon your own personal situation and circumstance. Your success, experience and any results or outcomes are dependent on factors which are outside of our control and we are not able to guarantee that you will achieve any particular results or success or receive any particular information or experience.
Where we share any testimonials or results experienced by other users of our Services these are not intended to represent or guarantee that you will achieve the same or similar results or experience. Your individual success, results and your experience will depend on many factors, including your background, dedication, desire and motivation which are all outside of our control and on this basis, we make no guarantee, representation or warranty with respect to our Services.
11. Intellectual Property Rights
As part of your purchase of our Services you may be provided with access to our Content. For the purposes of these Terms content means any materials, tools, documents, data, charts, readings, manuals, audio recordings, videos, PDF’s, e-books, journals, feedback forms, resources, worksheets, workbooks, coaching, mentoring, teaching or self-development tools and any other information and content which we may provide access to in connection with, or as part of, the Services (“Content”). You accept that we are the owner or licensee of all Intellectual Property Rights and any other rights existing in the Content and that the Content can only be used for your personal use in connection with your access to and use of the Services and no Content should be shared, copied, disclosed, reproduced, published or made available to a third party whether or not for commercial reasons without our express consent. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in any Content to you and you may not use any of our Intellectual Property Rights including but not limited to our trade marks, business names, domain names and any logos without our prior written consent.
You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content for your private and personal use in connection with your use and access to the Services and for the purposes the Service is intended for. Your Licence becomes valid upon full payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any provision of these Terms.
12. Your personal data and how we use it
Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of our Services and shall retain it only for as long as reasonably necessary to allow completion and delivery and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.jenniferlapidus.co.uk.
Where you provide us with a testimonial, review or similar information (“Review”) then in doing so you consent for us to exhibit, copy, publish, distribute, use on our Website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
Our obligations above and as set out in Clauses 10 and 11, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.
13. Who we are and how to contact us
The Services are provided by Jennifer Lapidus. Should you wish to contact us then you can email us at jennifer@jenniferlapidus.co.uk or the postal correspondence only address is: 17 Butt Park, Stokenham, Kingsbridge, Devon, TQ7 2SH
If we need to contact you, we will use the email address you provide at the time of purchase. If you change your contact details it will be your responsibility to notify us so that we can update our records.
Where these Terms refer to the provision of notice, this must be provided to us in writing by email to jennifer@jenniferlapidus.co.uk. All emails will be deemed served 48 hours after sending.
14. General
The failure of either one of us to actively enforce any provision of these Terms shall not prevent that party from subsequently seeking to enforce any term or obligation and any such failure shall not constitute a waiver, diminution or limitation of any right.
In the event any provision of these Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
All titles and headings used within these Terms are for reference purposes only.
We shall be entitled to transfer any of our rights and obligations under these Terms at any time without notice to you.
These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
The Contracts (Rights of Third Parties) Act 1999 shall not apply.