Website Disclaimer

The views, information and opinions expressed in Emma Elder Coaching’s website, social media accounts or associated products are solely those of Emma and the individuals involved. They do not necessarily reflect the official policy or position of any other agency, organisation, employer or company, unless stipulated.

The primary purpose of Emma Elder Coaching’s work products including her website and social media accounts, is to connect, empower, inspire and encourage authenticity. This does not constitute medical or other professional advice or services.

Emma Elder Coaching cannot and does not give any guarantees on results with our information, courses, coaching, plans, tools, or strategies. You recognise and agree that nobody and no part of the Emma Elder Coaching brand has made any implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future results with respect to your purchase of programs, courses, trainings or coaching, and that we have not authorised any such implication, promise, or representation by others. There are no guarantees of results.

Assumptions, opinions and advice are reflective of contributing factors at the time of publication. As emotional, evolving, intelligent human beings, these views are subject to change and revision at any time. Therefore we cannot be held to them in perpetuity.

Emma Elder Coaching assumes no liability for any activities or actions taken in connection with or resulting from this website, social media, or any associated work product.

Information About How We Use Cookies

Our website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. To find out more information about cookies please click here https://www.cookiesandyou.com/

Terms Of Sale

Online Coaching For Adults Emma Elder Coaching Ltd

BACKGROUND: 
(A) These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via ……. is sold by Us to Consumers and Business clients through this website, www.emmaeldercoaching.com (“Our Site”).  
(B) Terms and information that are specific to accessing sessions of Paid Content presented by a Coach (as defined below) from or via Our Site using the Zoom cloud-based web conferencing set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms of Sale.
(C) Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. Before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our Site.  
(D) All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer and or a Business Client whether it is information that We:
(i) are required by law to give to You before You order a Subscription; or 
(ii) voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.
We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment.
Where we contract with you as a Business we will make it clear.
(E) Paid Content is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an Account and purchase a Subscription. Due to the nature of some of our Services we attach a copy of our Code of Ethics as a Schedule to these Terms. It is important that this is read and accepted before you embark on any coaching.
(F) These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

1. Definitions and Interpretation 
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account”
means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;

“Background Items”
means background and other information or materials relating to or forming part of the tuition, instruction, teaching, coaching, training, or mentoring to be provided to include Our Telegram channel and other social media forums, all of which information or materials is downloadable or viewable as text/graphics;

“Business Client”
means a business purchasing any Subscription to Services for any business, trade craft or professional use.

“Coach”
means Emma Elder acting as tutor, instructor, teacher, coach, mentor or other who presents the Paid Content and/or who interacts with You during any session of Paid Content and any other Coach engaged by the Company from time to time to present Paid Content on its behalf to You subject to the limit of liability set down at clause 14.6.8.

“Consumer”
means an individual customer who purchases any Subscription to Our services comprising any Paid Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract”
means a contract between Us and You for the purchase of a Subscription for You to access any Paid Content, as explained in Clause 7;

“Paid Content” 
means any content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any Background Items or other materials or information, which We offer. This could be 1-2-1 sessions, programs for a specific time period or ongoing Subscription. The sessions, Background Items and other information or materials are sold by Us through Our Site and made available by Us via Our Site by means of: 
two-way synchronous livestream audio and/or video technology, e.g. Zoom, asynchronous livestream video and/or audio; 
recorded streamed non downloadable video and/or audio; and
downloadable (or other viewable) text, graphics or other video, audio, or other items or information, including Background Items.
Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any Coach presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Coach who is suitably qualified and experienced;

“Subscription”
means a subscription to Our Site or other outlet purchased by You which provides You with the entitlement and access to Paid Content which comprises either:
one or more specific single events or items; and/or
one or more series or collections of two or more specific events or items; and/or
one or more or all types of events or items available on or via Our Site; and
the Background Items. 
We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription as to which, see sub-Clause 7.4.6). 
Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

“Subscription Confirmation”
means Our acceptance and confirmation of Your purchase of a Subscription;

“Subscription ID”
means the reference number for Your Subscription; 

“We/Us/Our”
means Emma Elder Coaching Ltd, a company registered in England and Wales under 14713400, whose registered address is 82A James Carter Road, Mildenhall, Suffolk, IP28 7DE

“You”
means the Consumer and or Business Client who sets up an Account and purchases a Subscription and accesses and uses any Paid Content.

2. Information About Us
Our Site, www.emmaeldercoaching.com, is owned and operated by Emma Elder Coaching Ltd, a company registered in England and Wales under 14713400, whose registered address is 82A James Carter Road, Mildenhall, Suffolk, IP28 7DE.

3. Contacting Us
3.1 If You wish to contact Us with questions, You may contact Us by email at hello@emmaeldercoaching.com.
3.2 To make a complaint, see Clause 15.

4. Age Restriction and Code of Ethics
Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Subscription through Our Site and access Paid Content. You acknowledge that some areas of our coaching particularly the 1:1 session Coaching must be treated with the utmost respect and We have in place a Code of Ethics available at the Schedule which You acknowledge and agree to be bound by. You accept and understand that You will be removed from any session and all platforms if You act in any way which is disruptive, or which causes offence, distress or harm.

5. Business Clients
These Terms of Sale and the attachment below do in part apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation. Certain sections of the Contract only apply to Consumers and these are marked.

6. Subscriptions, Paid Content, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive. Please note, however, that minor differences or discrepancies may occur.
6.2 We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.
6.3 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory and ethical amendments, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
6.4 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. 
6.5 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
6.6. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed.
6.7 If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.
6.8 If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.

7. Orders – How Contracts Are Formed
7.1 Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
7.2 If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
7.4 Subscription Confirmations shall contain the following information:
7.4.1 Your Subscription ID;
7.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
7.4.3 Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
7.4.4 The duration of Your Subscription;
7.4.5 Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;
7.4.6 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed; and
7.4.7 Access to social media channels and Our Telegram account.
7.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as reasonably possible.

8. Payment for Subscriptions
8.1 Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation.
8.2 We accept the following methods of payment on Our Site:
 1. Debit Card;
  2. Credit Card;
8.3 If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
8.4 If You believe that We have charged You an incorrect amount, please contact Us at hello@emmaeldercoaching.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.  

9. Provision of Paid Content
9.1 We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund. 
9.2 All Paid Content within the scope of Your Subscription will be available to You in accordance with sub-Clause 7.4.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following: 
  9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non live-streamed item or Background Item, the period within which it is or will be available for access. 
  9.2.2 If an item of Paid Content is a livestream item, We will use all reasonable endeavors to make it available and start it at the time it is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available by Us to You and/or to others) or by other circumstances. 
9.3 When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.
9.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
  9.4.1 To fix technical problems or to make necessary minor technical changes;
  9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
  9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.
9.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension).
9.6 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.
9.7 Any refunds under this Clause 9 will be issued to You as soon as reasonably possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.

10. Licence and Intellectual Property
10.1 When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sub-licensable licence for You to access, participate in and use the relevant Paid Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
10.2 The licence granted under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
  10.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and
  10.2.2 When You use a two-way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it;.
10.3 Despite the Licence provided to you by Us you hereby agree and undertake that from date of purchase:
  10.3.1 You will not infringe Our copyrights, patents, trademarks, trade secrets or other intellectual property rights or at any time “pass-off” as Emma Elder Coaching Ltd; and
  10.3.2 You will keep any confidential information disclosed to You as part of the Subscription confidential at all times; and
  10.3.3 that all materials passed to You by Us is Our confidential and proprietary intellectual property and belongs solely to Us; and
  10.3.4 where You provide Us with a testimonial, review or similar then in doing so You consent for Us to exhibit, copy, publish and distribute on Our website, social media channels or through Our marketing and advertising.

11. Problems with the Paid Content
11.1 We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem.
11.2 Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
  11.2.1 If there is a problem with any Paid Content, please contact Us at hello@emmaeldercoaching.com
  11.2.2 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
  11.2.3 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.
  11.2.4 For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

12. Cancelling Your Subscription
12.1 If You are a Consumer only, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
12.2 After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
12.3 If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
12.4 If You wish to exercise Your right to cancel under this Clause 12 please do so by email. Cancellation by email is effective from the date on which You send Us Your message. 
12.5 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
12.6 Refunds under this Clause 12 will be issued to You as soon as reasonably possible.
12.7 Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.

13. Your Acknowledgement, Obligations and Disclaimer
All Coaching sessions (including rearranged sessions) must be taken within a time frame communicated to You when purchased or they will expire.

14. Our Liability to Consumers and Limit on Liability to Consumers and Business Clients
14.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3 If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
  14.3.1 We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
  14.3.2 The damage has been caused by Your own failure to follow Our instructions; or
 14.3.3 Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
14.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
14.5 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
14.6 We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment). 
14.7 Our total liability to You either as a Consumer or Business Client is limited to the amount paid for Your Subscription.
14.8 The Company accepts no liability and does not provide any guarantee of or indemnity for the performance of any third party Coach who provides Paid Content to You.

15. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
If You wish to complain about any aspect of Your dealings with Us, please email Us at hello@emmaeldercoaching.com.

16. How We Use Your Personal Information (Data Protection)
We will only use Your personal data as set out in Our Privacy Notice and Cookie Policy.

17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission. 
17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.
17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
18.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
18.3 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency. 

Code Of Ethics (Attachment)

1. Use of the Zoom web-conferencing platform to access tuition, instruction, teaching, coaching, training or mentoring (“the Content”) online 
We use technology which allows Us to provide the Content provided that You have the appropriate technology (see below) to receive the Content. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”).

2. The technology that We will be responsible for providing
To receive or participate in any of the Content via Zoom, You will need to join an online session which is within the scope of Your Subscription. You will not need to pay any fee or charge to use the Zoom facility or join that session: You will only need to pay for the Content made available by Your Subscription.  
We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom. 

3. The technology and other items that You will be responsible for providing
It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Content via Zoom]. 
You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:
(a) An appropriate functioning Device which is adequately charged;
(b) An up to date Zoom App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Content;
(c) Stable, reliable, internet access with adequate speed;
(d) A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the Coach;
(e) Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose, external microphone and/or speakers as reasonably necessary; and
(f) Exercise/note books, pens, pencils, and any books, materials or equipment that You will need, as advised by Us before You place Your order for a Subscription.

We do not supply or make available the Zoom platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to You in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom as the third party provider of the platform to You imposes on such download and use. 
Paid Content consisting of Background Items is not provided via the Zoom platform but is instead downloadable directly from Our Site.

4. Scope of what We make available to access
We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it. 
We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Content. However, We may, if You request it, either before or during any session of the Content, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable in respect of that damage under sub-Clause 14.3.
We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to): 
(a) Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or 
(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
(c) Failure of or defect in the Zoom platform used by Us or You to make the Content available to You; or
(d) Your inability to access the Content due to failure of or defects in Our Site etc. 

5. Account setup needed
In order to purchase any Subscription and enable You to receive any Content, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.
You may not create an Account if You are under 18 years of age.
During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account. 
You may be asked for additional information regarding Your Account, such as Your e-mail address.
 
6. Your responsibility for Your Account and its security
You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.
You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.
When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription. 
If You wish to close and delete Your Account, You may do so by contacting Us at hello@emmaeldercoaching.com
 
7. Your privacy and security on each occasion when Content is accessed 
Where any session that You access is two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion You are accessing it, it will also be made simultaneously accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to You as an individual private session. 
Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session: 
(a) When You sign in to Zoom, You should indicate Your first name only since Your name will be visible to Our other customers taking part; 
(b) You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Zoom App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session; 
(c) The space that You use should be free of others and it should be difficult to see or hear via the Zoom App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
(d) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
(e) We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Our other customers as well as You;
(f) In any event, it will be Your responsibility to ensure that You have a suitable space to use when participating in any two-way session in order to protect Your privacy and that of others in or near that space.
We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.
 
8. Health and Safety
You acknowledge and agree that:
(a) When You purchase a Subscription You must tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session. We will [discuss with You any such matter that You tell Us, and] inform You if We decide not to accept Your order for a Subscription because of the particular requirement, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter; and
(b) Due to the remote nature of online sessions, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session You fall ill, have an accident or experience any other problem. 

9. Scope of Our Content
Content offered: We offer confidence, wellness and resilience coaching, relaxation and meditation practices.

Period of sessions: Where a session is a live two-way interactive session, We will provide individual coaching for You for a period of 90 minutes (or any other period that We agree with You when You purchase a Subscription). 

Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any preparation or other tasks or work done or activity engaged in by You set or suggested by the Coach, and Your aptitude. 
Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about (including, where relevant, passing any examination) as a result of You taking part in or viewing any session(s).

Attendance: If You are not available for a session for any reason it is solely Your responsibility to ensure that You make up for that missed session by purchasing an additional session if necessary.

Punctuality: We expect You to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time. Due to the nature of the Coaching You may be denied access once the Session has started as it is disruptive.

Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions but We cannot provide such materials or items for You.

Practice/Homework/Tasks/Assignments: We may give You at the end of a session a homework assignment or tasks to carry out, and You should complete it/them prior to Your next session. 

Our commitment, amount of coaching needed: We agree to coach You at the agreed times and days. It is not possible to determine at the outset how much coaching You will require. We may recommend additional opportunities to help with Your coaching such as relevant workshops run by third parties where We are aware of such opportunities.

10. Your Commitment and Responsibilities and Our Disclaimer

Preparation for each session: You should attend each session prepared by completing any assignment, work, tasks set for You at the previous session. Adequate preparation for sessions is more likely to result in satisfactory progress. 

The coaching is not therapy or counselling. You acknowledge that deciding how to handle any issue which may arise, the choices You make in relation to them and whether or not to follow through on any of the elements of the coaching is exclusively Your responsibility. For this reason Emma Elder Coaching expects great results but cannot guarantee specific outcomes.

Information provided is not medical advice. It does not replace seeing a licensed health professional.

Coaching does not treat mental disorders, mental health care or medical treatment of any kind. You acknowledge You will not use it in place of any form of counselling, therapy or medical treatment.

If You are currently receiving treatment from a doctor or other healthcare professional by entering into this Agreement You confirm that You have consulted with this person regarding the advisability of working with a Coach. In particular any breathing exercises should be checked against any history of chest or asthmatic related illnesses.

I understand that if I am taking any medications or have any medical conditions such as, but not being limited to: schizophrenia, bi-polar, epilepsy, heart conditions, or pregnancy, that I must advise the Coach. I am responsible for any consequence resulting from any and all session(s) of coaching.

11. Provision of items by You
We are not responsible for obtaining or providing any equipment, materials items for You but We may recommend to You equipment, materials or items that You will or might need.

Code of Ethics:
- Emma Elder Coaching Ltd is committed to maintaining and promoting compassion, integrity, connection and professionalism in all aspects of the confidence coaching she provides.
- Through Coaching We ask that all clients adhere to the elements and principles of Our ethical code and We will hold You accountable if You do not.
- We ask that all Our clients interact with Us and maintain boundaries.
- You will communicate any discomfort You feel.
- You will never discriminate with any fellow clients on the basis of race, ethnicity, nationality, religion, sexual identity, gender identity and/or ability.
- Coaching is a clothes-on practice and I will avoid any sexual or romantic relationship or leaning towards the Coach.
- You will not invite friends or business associates to your session. You will respect Emma Elder’s right to terminate the coaching relationship at any point during the process if there is any suggestion of unease.

Privacy Policy

Introduction

Emma Elder Coaching Ltd (“Company”) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. Important information and who we are

Purpose of this privacy policy
This privacy policy aims to give you information on how the Company collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase a product or service.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller
The Company is the controller and responsible for your personal data (collectively referred to as the Company,  "we", "us", or "our" in this privacy policy).

Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our email on hello@emmaeldercoaching.com

You have the right to make a complaint at any time to the Information Commissioner Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
● Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
● Contact Data includes billing address, delivery address, email address and telephone numbers.
● Financial Data includes bank account and payment card details.
● Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
● Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
● Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

● Usage Data includes information about how you use our website, products and services.
● Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?
We use different methods to collect data from and about you including through:
● Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
● apply for our products or services;
● create an account on our website;
● subscribe to our service or publications;
● request marketing to be sent to you;
● enter a competition, promotion or survey; or
● give us feedback or contact us.
● Automated technologies or interactions. As you interact with our website, we will
automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

Technical Data from the following parties:
(a) analytics providers such as Google based outside the UK;
(b) advertising networks UK; and
(c) search information providers.

● Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
● Identity and Contact Data from data brokers or aggregators.
● Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.

4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
● Where we need to perform the contract we are about to enter into or have entered into with you.
● Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
● Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message.
You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:

Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transactions.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see COOKIE POLICY.

Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table above.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agencies, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We will notify you and any applicable regulator of a breach on personal data where we are legally required to do so.

7. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

8. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
● Request access to your personal data.
● Request correction of your personal data.
● Request erasure of your personal data.
● Object to processing of your personal data.
● Request restriction of processing your personal data.
● Request transfer of your personal data.
● Right to withdraw consent.
If you wish to exercise any of the rights set out above please contact us.

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

External Third Parties
● Service providers.
● Professional advisers.
● HM Revenue & Customs, regulators and other authorities.

Your Legal Rights

You have the right to: 

Request access to your personal data (commonly known as a "subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
● If you want us to establish the data's accuracy.
● Where our use of the data is unlawful but you do not want us to erase it.
● Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
● You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.