IN GOOD COMPANY (UK) LTD - TERMS AND CONDITIONS OF BUSINESS
These are our Terms and Conditions of Business which, together with our policies and legal documents on our Website www.igcompany.co.uk, you accept when you place an order with us (our Business Terms). They supersede anything else and apply to any order (including trials or free to access downloads or programmes) unless we’ve agreed something different with you in writing. We change them, so you should read them before you place an order with us. Please email us if you have any queries about our Terms and Conditions of Business, our Services, or anything we sell.
1 ABOUT US
(1) Who are we: ‘We’ are In Good Company (UK) Ltd, a company registered in England and Wales, Company Number 0752929 whose registered office and Trading Address is at See View Farm, Walton Bay, Clevedon, England, BS21 7AX. We operate the website at www.igcompany.co.uk, and all business and activities conducted from it, including Accredited Coaching Training, Emotions Coaching Practitioner Training, the Coaching Crowd Business Lounge, our book and podcast. Our VAT registration number is 162 8225 13.
When we refer to ‘you’ we mean the person or organisation who is buying from us and/or accessing our Services, including anyone working with an organisation, such as an employee. Where an individual is entering into an agreement on behalf of an organisation, it is on the basis that the organisation also confirms that the individual has the legal right to do so and will be bound by our agreement.
(2) Making Contact: You can email us at [email protected]. We’ll contact you using the contact details you give us when you place an order. If you need to update these, please email us.
2 WHAT WE OFFER
(1) How we work with you: You can buy our Services (which includes any Coaching, Digital Content and associated products) from our Website (where we describe what’s included) or following a detailed email proposal which we send to you. We work with you in different ways, including:
(a) One to one Sessions - where we work directly with you and/or for just your organisation. One to one Sessions may be a one off session or a number of sessions tailored to meet your needs or form part of an Agreed Programme (where we agree to work together for a specified number of sessions or an agreed period of time). Unless we agree otherwise, One to one sessions are facilitated via online conferencing platforms (such as Kajabi and Zoom) or other similar technology.
(b) Group Programmes - where you join us in a group, for example, with other people and/or organisations. Group Programmes, including our Accredited Coaching Training and Emotions Coaching Practitioner Training, may include some one-to-one Sessions, Group Sessions (working with us and other members of the group at the same time, including small group supervision) and Online Training. For Accredited Coaching Training and Emotions Coaching Practitioner Training you must attend all of the sessions to obtain the qualification/certification. As applicable, please refer to the relevant details on our website or your email proposal.
(c) Online Training, including the online learning portal for our various courses such as Accredited Coaching Training and Emotions Coaching Practitioner Training. Online Training includes any videos, podcasts, workbooks, documents, Digital Content and other Content. These may be part of a programme or linked to it. And Online Training can be where you work through content at your own pace. Unless we specifically agree, it won’t include any One-to-one, Group Sessions or other interaction with us.
(d) Membership – such as the Coaching Crowd Business Lounge include recorded trainings and a community forum for additional support.
(e) Facebook Groups - Where our services use Facebook or access to a private (closed) Facebook groups we advise you to check the different types of Facebook groups at www.facebook.com (see https://bit.ly/2edP6VD). By participating in a private Facebook group you agree that
(ii) access to Facebook groups is reliant on Facebook’s availability
(iii) you understand that your profile is likely to be on our member's list which is publicly available via Facebook and other members in the group and will regularly review and update your settings to protect your own privacy.
(f) From time to time, where relevant, our website may provide links to other websites and platforms where you can buy our product. For example, our Deciding to Coach book which is sold by Amazon and not by us. Please refer to the terms and conditions of sale of those websites and platforms.
(g) Other than One-to-one Sessions, our Services are not bespoke to you.
(h) We reserve the right to make changes to our services such as, for example, to update content. We are unable to guarantee that any services or content are accurate and valid. For example, there may be typographical errors.
(2) Placing an order: You can place an order by using the Website or by following the information provided in email proposal from us. When we accept your order, you’ll receive confirmation of what’s agreed (an Order Confirmation) and a legal agreement is formed between us. However, with Accredited training and Emotions Coaching, we reserve the right to cancel the order and make a full refund to you. Please refer to clause 6(6).
(3) Working Together: (a) If you are an organisation entering into an agreement with us you are responsible for anyone whom you ask to liaise, communicate or work with you or us or on your behalf.
(b) We are facilitators (coaches and trainers) and will always work with you to try to help you achieve your objectives, but your health, well-being, commitment, participation, decisions, actions and achievements and what you determine as success are your responsibility. In so far as the law allows, we provide no warranty nor guarantees. As an organisation, you will also remain responsible for the people that you ask us to work with. Ultimately, what you (including if we are working with someone in your organisation) do, or don’t do, is up to you and we can’t guarantee results or success. For information about what’s expected, please check the Services you want to order . As an organisation, you are responsible for sharing and our Coaching Expectations and relevant Business Terms with anyone you ask us to work with. As applicable, please take any form of medical, legal, professional, specialist or other advice and guidance, including psychological therapy or counselling that you feel is appropriate for you.
(c) (i) We rely on information, documents and anything else that you give us. We ask that anything you share with us is complete, accurate and valid. When you share something with us you agree that you give us a non-exclusive, worldwide and royalty-free sub-licensable licence whilst we are working together so that we can access and use your information in any way that is necessary for us to provide our Services to you.
(ii) Where we are working with an organisation this also means that it is your responsibility to ensure that you have the right to give us anything you provide (including access to anything) and that you have obtained the necessary consent from individuals for us to share information (such as progress reports) with you, and that by doing so you are not breaching anybody else’s rights (such as copyright), including any rights applicable to your employees and workers) and/or any applicable law.
(d) (i) If you contact us, including accessing support from your personal tutor, we’ll respond to you within a reasonable time period. This will usually be within 3-5 Working Days (any Monday To Friday from 9am to 5pm GMT) but excluding any public holiday in England) unless we’ve agreed something different on the Website or our email proposal to you.
(ii) Unless we’ve agreed otherwise, anything you want to submit to us, such as a Portfolio or any Assignments must be submitted electronically using the details we supply to you (this information is usually part of the online learning portal).
(iii) You will usually receive feedback on any Portfolio or Assignments which you submit to us within 14 Working Days, but this may vary dependant on the number of Portfolio or Assignments submitted.
(e) Minimum term – Some Services, particularly Accredited Coaching Training and Emotions Coaching Practitioner Training may contain a minimum or fixed term which is the minimum time for which we will provide our Services to you. This will be detailed on the Website or in your email proposal.
(g) Unless we have agreed otherwise in writing in advance, all Programmes and sessions must be scheduled and completed within the relevant timescales in which they are scheduled to end (the Scheduled Completion Date). For Scheduled Completion Dates please refer to the Website or your Proposal, as relevant, or email [email protected] before you place an order. Depending on your circumstances we may consider extensions of up to 2 months to scheduled completion dates.
(4) Licence: (a) Subject to Third Party rights (for example, Third Parties own the Platforms we use), we own the logo, techniques, information, documents, training and all materials and content, including Digital Content, and any rights (such as copyright and other intellectual property rights in the fullest sense).
(b) Provided always that you’ve paid any agreed payment to us and do not breach any of our rights or those of any Third Party and when using anything we own, including materials and content publicly, you include a reference to our ownership by including the following "Used on Licence from the owners In Good Company (UK) Ltd”, then you get a non-exclusive right (licence) to use it for yourself, and if you are an organisation, in your own business, for as long as
(i) we are providing you with our Services or have otherwise agreed in writing OR
(ii) as detailed on the Website for all Programmes and Online Training. If we haven’t included this on the Website, then it’s for as long as the content is available (which will always be for at least the duration of a Programme).
(c) For the avoidance of any doubt, once our agreement ends, your licence to use anything we own, irrespective of any previous licence you may have held also ends.
(d) Unless you have our specific written permission you can’t share with any other person or organisation or allow them to to access or use all or any part of it, including for any commercial or non-commercial purposes, nor can you copy, modify or publish in (such as on social media) any way.
(5) Data Protection and Confidentiality: (a) Your data is processed in accordance with our Privacy Notice. Please email [email protected] for a list of our subprocessors.
(b) We both agree that we will
(i) comply with the relevant Data Protection legislation in England and, as applicable to any other location as it respectively applies to us and
(ii) keep information which we share with each other as part of our Services as confidential. This means that we won’t disclose it to any third party, unless we both agree or as required by law or Court Order or, in where we, in our sole discretion, believe that you are at a risk to yourself and/or others.
(iii) However, please remember that anything which you share in a Group Session is not confidential but please see section 2(5)(c) following.
(c) You also specifically confirm agree that you will keep any information (including, but not limited to personal data) that is shared with you during the Group session or Membership (including that of other participant and members) confidential to the Group session or Membership and will not share it without the relevant permission. Please also refer to the relevant policies which apply, for example the Coaching Crowd Business Lounge Etiquette Policy.
(d) Where we are working with an organisation, we will, as required, enter into any reasonable Data Protection Agreement you provide as our commitment to care for your organisation’s Personal Data.
3 HOW WE WORK
(1) What’s included: (i) Our services are for those aged 18 and over. What we provide will be detailed in a Proposal or, where you are buying from our website, as described on our Website. It is your responsibility to check what is included and what is extra. If you have any queries email us at email [email protected] before placing your order.
(ii) Since we routinely hold virtual Sessions (online or by phone), you’ll need a telephone, online conferencing or use a platform (such as Zoom) or similar technology. Where you use our Services, then you also agree to abide by terms and conditions and policies which are relevant to the applicable technology or platform(s) used. Sessions start at agreed times and if you are 15 or more minutes late and haven’t contacted us, we’ll assume you don’t want that Session and treat it as completed in your absence. Supervision Sessions - where a session forms part of your qualification you may need to pay for additional session(s).
(2) Access: (a) Access to our Services is your responsibility. You must make sure that your access and, where applicable any account or log-in details are secure. If you are aware of or suspect that there is a problem (such as someone else accessing it) you must immediately email us at [email protected] Services and access are subject to reasonable use, and in accordance with the description on the Website, email proposal and our licence in section (clause) 1(4). For example, for email support as part of our Accredited Coaching Training we anticipate that you should need to email your personal tutor no more than once a week.
(b) We’ll always try to ensure that you can access our Services but due to the nature of the internet, we’re not responsible if you can’t, nor responsible for any issues or other consequences when you do.
(3) Using our Services: (a) One to one Sessions - Sometimes we’ll provide you with schedules of when Sessions will take place, but you will usually schedule and arrange your own One-to-one Session by emailing your coach.
(b) Group Sessions – we’ll give you details of scheduled dates and times of Group Sessions. It is up to you to attend a scheduled Session.
(c) Online Training – we’ll provide you with the information which you need to access the training and content. If you have any access problems, please email us at [email protected].
(d) Meeting up in person - Occasionally we may agree (in writing) to meet you in person. Before we finalise this we’ll try to agree any additional terms with you (for example, travelling costs).
(4) Recording: Sessions, particularly Group Sessions, may be recorded and then made available to others. One-to-one Sessions will only be recorded and shared with your permission. We ask for your permission (consent) before we record any Session you take part in.
(5) Rescheduling: (a) One-to-one Sessions – (a) we understand that things happen, and you can rearrange up to 3 Sessions in any coaching programme by emailing your coach directly. If you need to rearrange a fourth time, we’ll contact you to discuss how we can support you moving forward.
(b) (i) We operate a 48-hour notice policy which means that unless we agree otherwise you must tell us at least 48 hours before the time we’ve agreed that the session will take place if you want to cancel that session.
(ii) If you give us between 0- and 48-hours’ notice then this will count as a completed session. If you have not yet paid for that session, full fees will be due.
(c) Group Sessions – you can’t rearrange a scheduled Group Session, but if you miss a session we may either allow you to participate in a substituted session or make a recording of the Session available but can’t guarantee to do so. Please email [email protected] in advance if you plan to miss a session
(d) Sometimes we may have to reschedule a group Session or change the person that is facilitating. We reserve the right to determine suitable replacements for planned sessions. This does not apply to one to one services.
(6) If you breach any part of our agreement,
(a) We reserve the right to suspend, restrict or stop any Services without being liable in any way.
(b) You agree to keep us fully indemnified at all times.
(1) Paying: (a) Unless we’ve agreed something else with you in writing, payment is in advance, in GBP, and using the methods detailed on the Website or email proposal and inclusive of any applicable VAT.
(b) Subject to any consumer rights, deposits are non-refundable.
(2) Offers: Any offers which we may make available (such as Early bird, coupon codes, exclusive discounts, promotions or free to access resources) are not retrospective, not transferable, can’t be exchanged for cash and are subject to availability and the terms and conditions of that offer. You can only use one offer per order.
(3) Extras: You will have to pay extra if you ask for any Additional Services (such as support or anything which isn’t included in your Order Confirmation). We will agree a price and payment terms with you before giving any additional support. If we decide to meet up with you in person, we’ll agree any additional terms with you (for example, travelling costs) or you will be charged our standard rates.
(4) Instalment Payment Option: Sometimes we offer an Instalment Payment Option so you can spread the cost. This is not a credit agreement regulated by the Financial Conduct Authority so:
(a) You can only have an Instalment Payment Option for a fixed amount of money and to buy specific Services from us and
(b) You must pay in 12 or less instalments as defined by the product/service you purchase on the website and
(c) We do not charge any interest or charges for instalment payments, other than default charges you incur, such as if your payment is late.
(d) You specifically authorise us to obtain payment as and when it falls due using the initial payment method provided unless you give us at least 14 days written notice of updated or alternative payment.
(6) Payment Problems: If there’s a problem with payment, such paying late, we reserve the right to:-
(a) immediately, and without liability, either stop or suspend your access to any Services until we receive full cleared payment. You will not have any rights (to use or access) until we have received full cleared payment for all money outstanding to us.
(b) charge interest at the rate of 15% per annum from the date that your payment is due until we get full cleared payment of the outstanding amount, together with any statutory late payment penalty available. We may also recover reasonable costs including, but not limited to, legal costs and expenses incurred in obtaining payment.
(1) Marketing: You agree that we can include a reference to us having provided Services to you as we market our business. This will include, but is not limited to,
(a) your feedback (what you say about us and our services) and comments relating to your success, including those made in any Facebook groups
(b) featuring it on our Website or social media.
(2) Use and consent: (a) Where you have supplied us with any written material, image(s), video or sound file or agreed to us taking any recording then you grant us the right to use and publish this as part of any promotion and marketing of our business. This will include, as applicable, us editing, altering, retouching and taking excerpts without us obtaining your further consent.
(b) You can withdraw your consent to this by emailing us at [email protected].
6 ENDING (TERMINATING) OUR AGREEMENT – INCLUDING CONSUMER RIGHTS
(1) Unless either of us ends our agreement early as we have agreed in this section (clause), it will end, as applicable, once our Services or Group Programme is complete and or you have accessed the Online Training, or it is no longer available.
(2) Complaints (a) You should write to us by email to [email protected] or post using the postal address in section (clause) 1(1) about any complaints, giving us as much detail as you can and give us up to 30 days without withholding any payment, so that we can work together to resolve it.
(b) If we are unable to resolve a problem between us then we both agree to pursue a resolution using mediation and, if that prove unsuccessful by arbitration. If we can’t agree on the appointment of a mediator and/or an arbitrator then we will rely on the allocation and process for the Civil Mediation Council (for mediation) or Chartered Institute of Arbitrators (arbitration).
(3) Obligations: If either of us fails in any important obligation (a material breach) and either:
(a) it can’t be put right (remedied) at all; or,
(b) it can be put right but it hasn’t been within 30 days of written notice of the failure by the other party, then the party who hasn’t failed in any of their obligations can immediately end the agreement by giving written notice to the other.
(4) Consumer Cancellations: The law gives consumers who buy by email or phone or from a website (this is called at a distance) a legal right to change their mind and cancel some orders when the consumer is buying from a business. This would, for example, include orders for training. The law says that someone is a consumer for these purposes when they are buying something which isn’t for their “trade, business, craft or profession”. If you have this legal right (i.e. you are a consumer and you are buying at a distance) then you usually have 14 days from the date after you place your order to cancel the order. However,
(a) once you agree to be able to access Digital Content (such as something that you download) immediately you lose any consumer cancellation rights that may have been available to you.
(b) If you use our other Services then you will have to pay for what you’ve received.
(5) Money Back Guarantee for ILM accredited qualifications: Subject to any other provision in this clause 6, if you purchase an ILM accredited qualification and decide, within 14 days from the date after you place your order, that the qualification is not for you then you may cancel your order by emailing is at [email protected]. Upon your cancellation
(i) you will not have to pay any other fees
(ii) the amount that you have paid will be refunded to you within 14 days of the date you cancel, after deduction for any expenses (such as travelling costs, venue and equipment hire) which have been incurred specifically for you to receive our services. You will be refunded using the same method you used to pay us.
(iii) you must not use anything associated with the qualification which we have provided to you (for example, training materials or the information to access to them) and must immediately return it or irretrievably delete it so that you cannot use it again.
(6) Accredited Training and Emotions Coaching Practitioner Training: We appreciate that coaching is a commitment and we want to be sure that anyone working with us is able to meet the coaching demands. Therefore if, within 14 days of the date of your order we feel that, we reserve the right to cancel our agreement and will make a full refund to you within 7 days of the date we cancel.
(7) Other termination: Other than as detailed above, in section (clause) (6(3), 6(4) and 6(5), either of us can give 30 days’ written notice to the other to end our agreement. If you end our agreement, then unless we have agreed otherwise, or Consumer rights apply:
(a) If you have made any payment for a deposit or pre-paid fees or Services then this is non-refundable.
(b) You must immediately pay for any fees which have not already been fully paid for. This includes paying for the balance and/or whole of or any minimum period which we have agreed.
(7) Automatic Termination: Our agreement will automatically end if either of us, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, or ceases to carry on its business or substantially the whole of its business, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors, or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
(1) LIMITATION OF LIABILITY: In so far as the law allows we will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or anyone else, however it was caused. If we are found liable in any way then your claim would be limited to damages which will not exceed the amount you paid for, as applicable, the invoice to which your complaint relates.
(2) Assignment: You specifically agree that you cannot transfer, sell or share any rights provided by our Agreement in any way and nobody else can benefit but you without our express written consent.
(3) Third party rights: Nothing in our Agreement is intended to give any benefit to any third party, including any right to enforce any Agreement with us.
(4) Nothing in our Agreement creates a partnership, joint venture or agency relationship between us.
(5) Notices: Notices must be sent to the email and/or postal addresses provided in the Order Confirmation unless we write to with a change, or you email us to [email protected] Notices are deemed to be received when sent by :-
(a) email - on the Working Day any Monday To Friday from 9am to 5pm GMT but excluding any public holiday in England) on which they were sent, provided the sender has a valid successful delivery receipt.
(b) post -using any tracked service - on the date that the relevant postal service obtains a record of receipt from or on behalf of the addressee.
(6) Force Majeure: Neither of us will be liable for any delay or failure to perform any obligations if the delay or failure results from events or circumstances outside our reasonable control, including, but not limited to, acts of God, accidents, illness, including pandemic, war, fire, strikes, lock outs, communication failure, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we are entitled to a reasonable extension of time to fulfil our obligations.
(7) Waiver: Nothing in our Agreement and no express or implied giving up of any right waiver) will stop us from enforcing any of our rights in the future.
(8) Invalidity: Each section (clause) or any part at all of our Agreement is to be regarded as independent of the others. This means that if any clause or any part at all of our Agreement is found to be unenforceable or invalid, it will be treated as being cut out (severed) and will not affect the enforceability or validity of the rest of our Agreement.
(9) Governing Law: Our Agreement will be interpreted, construed and enforced in accordance with English law and will be subject to the exclusive power (jurisdiction) of the English Courts.
© 2022 In Good Company UK ltd