Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

1. Application

1.1 These Terms and Conditions will apply to the purchase of the Digital Products by you (the Customer or you). We are McCanna Coaching Ltd a company registered in England and Wales under number 13325948 whose registered office is at 32 Hardwick Crescent, Sheffield, South Yorkshire, S11 8WB with email address [email protected];  (the Supplier or us or we).

1.2 These are the terms on which we sell all Digital Products to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Digital Products from the Website if you are eligible to enter into a contract and are at least 18 years old.

2. Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

Contract means the legally-binding agreement between you and us for the supply of the Digital Products;

Digital Products  means any content including digital or online courses we supply to you through instruction, coaching, training, mentoring either through our Website or through live workshops streamed through platforms such as Zoom, other livestream audio and/or video, pre-recorded audio and/or video , any downloadable resources that are included as part of the digital or online courses, other products that we supply to you with the Services, of the number and description as set out in the Order;

Order means the Customer’s order for the Digital Products from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Website means our website www.mccannacoaching.co.uk on which the Digital Products are advertised.

3. Digital Products 

3.1 The description of the Digital Products is as set out in the Website, catalogues, brochures or other form of advertisement.

3.2 We can make changes to the Digital Products which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes. We also reserve the right to update any previously sold Digital Products with updated content.

4. Personal Information and Registration

4.1 When registering to use the Website you will be set up with a username and password. You remain responsible for all actions taken under the username and password and undertake not to disclose your username and password to anyone else and keep them secret.

4.2 We retain and use all information strictly under the Privacy Policy.

4.3 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

5. Basis of Sale

5.1 The description of the Digital Products in our website does not constitute a contractual offer to sell the Digital Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

5.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

5.3 A Contract will be formed for the Digital Products ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the first day the Digital Products become available for use under the Contract.

5.4 No variation of the Contract, whether about description of the Digital Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

5.5 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

6. Fees and Payment

6.1 The fees (Fees) for the Digital Products (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.

6.2 Fees and charges include VAT at the rate applicable at the time of the Order.

6.3 You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Digital Products.

7. Access to Digital Products

7.1 Digital Products, while mostly consisting of five live sessions taking place between January and April 2023, will be available to you in the form of recordings for a limited period after the completion of the respective courses. In addition, you may also have access to a selection of downloadable resources as part of your Order. We will provide you with full details of how, where and for how long you can gain access to these.

7.2 If we need to suspend availability of the Digital Products for any of the reasons, we will inform you in advance of the suspension and explain why it is necessary. We will deliver the Digital Products immediately upon receipt of payment in full or:

7.2.1 Without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

7.2.2 In any case, regardless of events beyond our control, you can (in addition to any other remedies) cancel the Contract if we have refused to deliver the Digital Products.

7.2.3 If you cancel the Contract, we will (in addition to other remedies) promptly return all payments made under the Contract.

7.3 If you were entitled to cancel the Contract, but do not do so, you are not prevented from cancelling the Order for any Digital Products and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled Digital Products.

8. Cancellation

8.1 As a consumer, you have the legal right to a 14 day cooling off period within which you can cancel the Contract for any reason and receive a full refund. This period begins once we have sent you an Order Confirmation and ends when you access the Digital Products. However, in addition to this, if stated in your Order Confirmation, you may have the right to cancel the Contract and receive a full refund after you have accessed the first live session of any Digital Product but not yet accessed the second live session of that Digital Product.

8.2 You may end the Contract at any time in the following situations:

(a)  We have informed you of a forthcoming change to your Digital Products, or to these Terms of Sale that you do not agree to;

(b) If we have suspended availability of the Digital Products for more than [1] month;

(c ) If we inform you of an error in the price or description of your Digital Products and you wish to end the Contract as a result; and

(d) You have a legal right to end the Contract if we are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

8.3 If you wish to exercise your right to cancel under this Clause, you may inform us of your cancellation in any way you wish. Cancellation by email or by post is effective from the date on which you send us your message. If you would prefer to contact us directly to cancel, please email us at [email protected]

Please provide us with your name, address, email address, telephone number, and Order number.

8.4 Refunds under this Clause will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel.

8.5 Refunds under this Clause will be made using the same payment method that you used when purchasing your Order.

9. Problems with Digital Products

9.1 By law, we must provide digital content that is of satisfactory quality, fit for purpose, and as described.  If any Digital Products do not comply, please contact us as soon as reasonably possible to inform us of the problem. Your available remedies will be as follows:

9.1.1 If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.

9.1.2 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because we have not used reasonable care and skill, you may be entitled to a repair or compensation.

9.1.3 Please note that we will not be liable under this Clause if we informed you of the fault(s) or other problems with particular Digital Products before you accessed it and it is that same issue that has now caused the problem; or if you have purchased the Digital Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Digital Products for that purpose; or if the problem is the result of misuse or intentional or careless damage.

1. If there is a problem with any Digital Products, please contact Us at [email protected]. Any refunds will be issued in accordance with clause 8.4 and 8.5.

10. Intellectual property

When you purchase our Digital Products, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Digital Products for personal, non-commercial purposes.  The licence granted to you does not give you any rights in the Digital Products (including any material that we may licence from third parties).

1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Digital Products (or any part of it) or make it available to the public.
2. All materials supplied remain the Intellectual Property of McCanna Coaching Ltd, unless they are expressly credited to another author. Please do not share any materials with anyone else unless express permission has been sought from Jennifer McCanna by emailing [email protected]

11. Circumstances beyond the control of either party

11.1 In the event of any failure by a party because of something beyond its reasonable control

11.1.1 the party will advise the other party as soon as reasonably practicable; and

11.1.2 the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect your rights above relating to delivery (and the right to cancel below).

12. Privacy

12.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

12.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.mccannacoaching.co.uk/privacy-cookies-policy/) and cookies policy (www.mccannacoaching.co.uk/privacy-cookies-policy/)

12.3 For the purposes of these Terms and Conditions:

‘Data Protection Laws’ means means all applicable legislation  in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003, as amended)

12.4 For complete details of how We manage collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to our privacy policy available from [insert link to app].

12.5 For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

13. Excluding liability

13.1 If you are a consumer, we will be liable to you for any foreseeable loss or damage that is caused by us as a result of our breach of these Terms and Conditions or our failure to exercise reasonable care and skill.  Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and us when the Contract between us was formed.

1. To the fullest extent permissible by law and as specified elsewhere in these Terms and Conditions, we accept no liability to consumers for loss or damage that is not foreseeable.

13.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Digital Products, our services and website.

13.3 We exercise all reasonable skill and care to ensure that our Digital Products are free from viruses and other malware.  Furthermore, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use or download of our Digital Products or any other website or service that We may provide a link to.

1. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Digital Products resulting from external causes beyond our reasonable control including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, slow internet connection, natural events, acts of war, or legal restrictions and censorship.
2. Nothing in these Terms and Conditions excludes or restricts our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

14. Disclaimers

14.1 Subject to your legal rights if you are a consumer, we make no representation, warranty, or guarantee that Digital Products will meet your requirements, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all software and hardware, or that they will be secure.

14.2 Where the Digital Products relate to improving your wellbeing (including the use of Emotional Freedom Technique (EFT)), you will be solely responsible for creating and implementing your own physical, mental and emotional wellbeing decisions, choices, actions and results arising out of your use of our Digital Products or our services. You must tell us of any special condition or requirement which might be relevant to you participating in any of the sessions we offer. We cannot be responsible or liable for any illness, accident or other injury that may occur as a result of you accessing the Digital Products. If you do not complete any of the Digital Product courses or follow the recommendations within them, we will not be responsible for the effectiveness or success you gain from accessing and using our Digital Products.

14.3 We will not be liable for any error, omission or technological reason why you cannot access the platform through which we will deliver our Digital Products. We do not provide any laptop, tablet or other hardware device and it will be your responsibility to ensure you have access to and familiarity with the platform which we will be using to deliver our Digital Products.

14.4 We do not and cannot assist you to obtain, set up or operate any technology.

15. Other terms 

15.1 The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms and conditions.

15.2 If any of the provisions of these terms and conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these terms and conditions.  The remainder of these terms shall be valid and enforceable.

15.3 No failure or delay by us in exercising any of our rights under these terms and conditions means that we have waived that right, and no waiver by us of a breach of any provision of these terms and conditions means that we will waive any subsequent breach of the same or any other provision.

15.4 We may revise these terms and conditions from time to time in response to changes in relevant laws and other regulatory requirements.  If we change these terms and conditions as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

16. Governing law, jurisdiction and complaints

16.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.

16.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

16.3 We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

16.4 We aim to follow these codes of conduct, copies of which you can obtain as follows:  International Coaching Federation Code of Ethics available from https://coachingfederation.org/ethics/code-of-ethics