Terms and Conditions

1. Definitions

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

Event Outside Of My Control: Any act or event beyond My reasonable control, including failure of public or private telecommunications networks, storm, flood, earthquake, or other natural disaster.
Order: Your order for the Services as set out in the purchase process or confirmation email.
Services: The dowsing, geomancy, coaching, subscription programmes, one-to-one offers, and instant access courses provided by Me, as specified in the Order.
Sessions: The online group or individual coaching sessions included in the Services.
Terms: The terms and conditions set out in this document.
I/Me/My: Fay Semple, trading from England.
Stripe: The third-party payment processor used for all payments, as specified at checkout.

1.2 “Writing” or “written” includes email unless stated otherwise.

1.3 These Terms apply to all customers worldwide, governed by UK law, as per clause 12.5.

2. My Contract With You

2.1 You engage Me to provide Services as described in the Order, subject to these Terms.

2.2 Please ensure the details in the Order are complete and accurate. Contact Me at fay@faysemple.com to correct any errors, and I will confirm changes in writing.

2.3 Submitting an Order does not guarantee acceptance. My acceptance occurs when I email you confirming the Order and My ability to provide the Services, forming a contract. The contract continues until the Services are provided or terminated per these Terms.

2.4 Before purchase, I provide pre-contract information, including cancellation rights, total costs, payment terms, contract duration, instructions to update payment details via a Stripe-hosted Customer Portal, and fixed-term commitments (where applicable), as required by the Consumer Contracts Regulations 2013. You acknowledge understanding these terms at checkout.

2.5 Most Services (e.g., subscription programmes, one-to-one offers) are provided to consumers, entitled to UK consumer protections. Business-related coaching for commercial clients is subject to these Terms, with additional obligations as agreed.

2.6 You agree not to solicit My clients, consultants, or staff for services similar to Mine during the contract and for 6 months after termination, without My written consent. This applies to commercial clients and is intended to protect My business relationships.

3. Changes to Order or Terms

3.1 I may revise these Terms due to changes in relevant laws or regulatory requirements, with at least 2 weeks’ written notice before changes take effect.

3.2 If I revise these Terms under clause 3.1, you may cancel the contract by emailing fay@faysemple.com within the notice period, with cancellation acknowledged within 48 hours. Refunds, if applicable, follow clause 5.6.

4. Providing My Services

4.1 Services, including subscription programmes (e.g., Genesis), one-to-one offers, and instant access courses, commence on the date in the Order or confirmation email, for the duration specified.

4.2 Sessions are delivered online at agreed times, communicated via email, typically lasting 45–90 minutes. Subscription programmes may include ongoing access to materials, as specified.

4.3 I will endeavor to deliver Services on time but may reschedule Sessions for reasons including ill health, providing as much notice as possible. If I reschedule and you cannot attend, I will offer a catch-up session or partial refund at My discretion, ensuring fairness.

4.4 Delays due to an Event Outside Of My Control are covered in clause 7.

4.5 If you cannot attend a Session for any reason, you are not entitled to a refund but may receive a catch-up session at My discretion.

4.6 I provide Services with due care, skill, and ability, as required by the Consumer Rights Act 2015. Due to the nature of coaching, geomancy, and dowsing, no specific results are guaranteed, as clarified in pre-contract information.

5. Fees

5.1 Pricing:

The price of Services is specified in the Order or sales page, including VAT where applicable. Prices may change, but confirmed Orders are unaffected.
Promotional prices or discounts, if applicable, are detailed in the Order for the stated period.
Payments are in GBP via Stripe, with international customers responsible for currency conversion fees or local taxes, as specified at checkout.

5.2 Instalment Payments:

Services may be paid in instalments (e.g., monthly), as outlined in the Order. The number, amount, and frequency are specified at purchase.
Late instalments may result in suspension of Services after 7 days’ written notice. Reinstatement occurs upon payment, at My discretion. Non-payment does not cancel fixed-term obligations.

5.3 Payment Deadlines:

For limited-availability Services, your place is held for 7 days pending full payment or the first instalment. Non-payment may release your place. Instant access courses are available immediately upon payment.
Partial payments do not guarantee access unless the full instalment plan is completed.

5.4 Late Payments:

If payment is not made by the due date, I may charge a £10 administration fee per missed payment, applied after a 7-day written reminder, reflecting administrative costs. Interest may apply at 4% above the Bank of England base rate, accruing daily until payment.

5.5 Payment Methods:

Payments are processed via Stripe. By enrolling, you consent to storing payment details for automatic payments. Payments are attempted from your default method, with backup methods used if needed.
To update payment methods, use the Stripe Customer Portal link provided in reminders or email fay@faysemple.com. One-time purchases (e.g., instant access courses) may not store payment details unless specified.

5.6 Money-Back Guarantee and Cancellations:

Subscription Programmes (Fixed-Term Monthly Subscriptions):

Subscription programmes are fixed-term subscriptions with monthly payments, with the duration (e.g., 3, 6, or 12 months, such as the Genesis programme) specified at purchase, available to customers worldwide. You may cancel within 14 days of purchase (the “initial cooling-off period”) for a full refund by emailing fay@faysemple.com. Refunds are processed within 14 days of receiving your cancellation notice.
After the initial cooling-off period, you are committed to the full fixed-term duration, and no cancellations or refunds are permitted for payments already made or due, except as required by UK law (e.g., if the service fails to meet reasonable standards of care and skill) or at My discretion (e.g., for exceptional circumstances, subject to review). This ensures the programme’s structured delivery.
We provide reminder notices at least 7 days before each monthly billing date, including the payment amount, billing date, contract terms, and a Stripe Customer Portal link for payment updates, in line with the Digital Markets, Competition and Consumers Act 2024 (DMCC Act). An end-of-contract notice is sent when the fixed-term duration ends.
Non-payment may lead to suspension and pursuit of outstanding amounts, plus a £10 late payment fee per missed payment, subject to 7 days’ notice. Non-payment does not cancel the fixed-term obligation.

One-to-One Offers:

One-to-one offers are single sessions or fixed-term subscriptions (duration specified at purchase), available worldwide. You may cancel within 14 days of purchase for a full refund by emailing fay@faysemple.com, with refunds processed within 14 days.
For fixed-term subscriptions, no cancellations or refunds are permitted after the cooling-off period, except as required by UK law or at My discretion. Single sessions are non-refunded after the cooling-off period unless undelivered.
Subscription-based offers receive 7-day reminder notices with a Stripe Customer Portal link and an end-of-contract notice. Non-payment incurs a £10 late payment fee, subject to 7 days’ notice.

Instant Access Courses:

No refunds are offered, as access is immediate. By purchasing, you consent to immediate access and acknowledge waiving your 14-day cancellation rights, confirmed in your purchase email. This applies globally.

General:

We trade from England, and these Terms apply worldwide, governed by UK law, with disputes subject to the English courts’ exclusive jurisdiction. You agree UK consumer laws (e.g., Consumer Contracts Regulations 2013, DMCC Act 2024) apply, regardless of residence.
Pre-contract information includes cancellation rights, costs, terms, duration, Stripe Customer Portal instructions, and fixed-term commitments, accessible in English. You acknowledge understanding at checkout.
Cancellation/refunded requests must be emailed to fay@faysemple.com, acknowledged within 48 hours. Valid refunds cease access and stop Stripe payments.
If Services fail to meet reasonable standards, contact fay@faysemple.com. You may seek Citizens Advice (0808 223 1133, UK-based) or ADR, subject to UK law.
Non-payment may lead to debt recovery, with costs borne by you, subject to notice. International enforcement may face local law limitations.

6. My Liability to You

6.1 I do not exclude liability for death, personal injury, fraud, or matters where liability cannot be limited under UK law.

6.2 My total liability is limited to the price paid for the Services, except where clause 6.1 applies. International customers are subject to UK liability limits, though local laws may apply in limited cases.

6.3 I am not liable for delays or failures due to your acts (e.g., non-payment, non-attendance) or Events Outside Of My Control, per clause 7.

6.4 This clause survives contract termination.

7. Events Outside Of My Control

7.1 I am not liable for failure or delay in Services due to an Event Outside Of My Control.

7.2 If an Event Outside Of My Control occurs:

I will notify you promptly.
My obligations are suspended for the event’s duration.
Services resume as soon as possible.

7.3 If the event exceeds 4 weeks, you may cancel by emailing fay@faysemple.com, with a partial refund for undelivered Services within 14 days. I may cancel if the event persists beyond 4 weeks, refunding undelivered portions.

8. My Rights to Cancel and Applicable Refund

8.1 Cancellation and refund rights are governed by clause 5.6, ensuring compliance with UK consumer laws.

8.2 Either party may terminate for material breach (e.g., non-payment, violation of confidentiality) if not remedied within 7 days of written notice.

8.3 I may terminate immediately if your participation disrupts Sessions (e.g., repeated absences, documented complaints), with written notice and no refund, at My discretion, ensuring fairness.

8.4 Upon termination, you must pay all outstanding fees, including instalment plan balances.

8.5 Termination does not affect rights or liabilities existing at termination, including breach claims.

8.6 Deposits to secure enrolment are non-refunded, reflecting administrative costs, as disclosed at purchase.

9. Confidential Information

9.1 I will not use or disclose your Confidential Information, except as authorized, required by law, necessary to prevent harm, or if public domain (not through My breach).

9.2 I may discuss general issues from Sessions with My coach/supervisor, without identifying you, as part of professional practice.

9.3 You must keep group Session content confidential but may use personal insights privately.

10. Data Protection and Intellectual Property

10.1 Your personal data is processed per My privacy policy, compliant with UK GDPR and the Data Protection Act 2018. By enrolling in group Sessions, you consent to sharing contact details (e.g., email) with participants, as disclosed at checkout.

10.2 I own or license all Intellectual Property Rights in Session materials. You may not copy, share, or sell these without consent, or I may seek damages or an injunction.

10.3 I grant a limited, non-exclusive, revocable license to use Session materials for their intended purpose only.

10.4 Audio or visual recordings of Sessions require My written consent.

11. Information About Me and How to Contact Me

11.1 I am a sole trader in England, at 29 Avon Road, Kenilworth, Warwickshire, CV8 1DH, acting as an independent contractor, not your employee, agent, or partner.

11.2 Contact Me at fay@faysemple.com for questions or complaints.

11.3 I will contact you via the email provided in the Order.

12. Other Important Terms

12.1 This contract is between you and Me, with no third-party enforcement rights.

12.2 These Terms, including pre-contract information, constitute the entire agreement, superseding prior arrangements. You acknowledge reliance on the Order and Terms, not external statements.

12.3 If any Term is unlawful, the remaining Terms remain in force.

12.4 My failure to enforce rights does not waive them. Waivers are in writing and not automatic for future defaults.