FULL Terms & Conditions of Business ('the agreement')
The following Terms and Conditions of Business (‘our terms’, ‘our policies’, ‘our policy’) will apply to you (‘the client’, ‘the customer’) and your use of what will be called (‘our websites’, ‘our sites’) meaning supply of products, programmes and services; and our dealings with you in general and via www.VivienneJoy.com and www.MindsetForBusiness.co.uk
Use of (‘our brands’, ‘our services’, ‘our programmes’, ‘our products’) of Mindset For Business™, Mindset Reset Intensive™ She-Enjoys™, She-Empowers Herself™, She-Thrives™, She-Escapes™, She-Evolves™, She-Coaches™, DS Coach™ & Deep Structure NLP Coaching™ Practitioner and anything containing these; which are trading names/brands of She-Enjoys Ltd, Company number 09499080 & Vivienne Joy Coaching Ltd, Company number 13999576, know from herein as (“we”, “us”, “our”).
Our Terms Including Data Protection Policy & Privacy Policy
By entering, accessing, or using our websites in any way, you agree to comply with our terms regarding our brands. In addition, when you book our services and/or digital, live or physical products from us directly, or indirectly, you will do so subject to our terms. By proceeding with any purchase or booking, you acknowledge that you have read and understood these terms and agree to be bound by them.
These terms may vary from time to time and will updated on our websites accordingly. You accept that you are bound by the terms and conditions current at the time of booking and accepting/taking up of one time, or continued supply of our services.
Purchase Fees & Payments
Any UK VAT due or payable, rates as defined by HMRC, is included in all prices quoted online and offline.
Please note the payment terms quoted upon ordering, and they will always be upheld. If none are quoted/shown, then our terms are strictly 7 days prior to receipt or commencement of ordered goods/services.
We reserve the right to change the fees/packages offered with prior notice; but will always honour the agreed amount of your written contract, for the agreed time period of any services that are set at the beginning of delivery of services. Should you wish to continue to use our services after the completion of your initial package, there will be no guarantee that the rates will remain the same.
Termination, Refunds/Cancellation Policy
The client may terminate the agreement at any time in writing for the attention of Vivienne Joy, the Managing Director and emailed to hello@VivienneJoy.com
All fees paid and products and services purchased and taken are non-refundable and non-transferable, unless specified, or agreed at time of ordering or subsequently.
In accordance with consumer rights, you have the right to cancel a contract; or return and item in an unused condition within 14 days for any reason.
If a payment plan has been agreed for any programme, certification or service, you will be held accountable in completing the agreed payments at the agreed times, for the term of that non-negotiable contract.
Failure to pay according to the terms will result in further action.
If you purchase a coaching package and find that you are unable to use your individual sessions for any reason, you may put remaining paid for sessions on hold for 6 months. Should you decide to cancel the process without completing your coaching sessions and after your 6 month hold period is up, you will lose those sessions and will still be liable for any outstanding balance payments. Please note: We will always do our best to accommodate your needs within the scope of our programmes.
When purchasing a lifetime membership, this means for the lifetime of the membership programme whilst it exists in the purchased format.
Physical products are sold as seen on the website and UK postage and packaging included. We do not accept returns or offer refunds for digital or physical products, please get clarity prior to purchasing, we are happy to answer questions.
In person and online event spaces purchased are non-refundable and non-transferrable to a different date, event, location or even attendee unless cancelled by us. Please notify us by email to hello@VivienneJoy.com at least 7 days prior to the event if you are unable to attend.
Client/Customer & Coach Mentor Contracted Commitment & Behaviour
Our services are designed for entrepreneurs and career professionals, or those wishing to start, build, diversify or scale a legal entity business; or embark on a personal development journey. By joining our programmes or buying our products; you the client, confirm that you are acting in a business, trade, craft, or professional capacity in all your dealings with us, and not as a consumer (as defined in the Consumer Rights Act 2015). You are declaring that you the client are at least 18 years of age; and have the full mental and legal capacity to enter into this contract and to engage with the services independently and safely; and all information supplied by you at all times is true, authentic and correct to the best of your knowledge.
The client will assume all responsibility to arrive to all booked/planned, in person or online live sessions on time; with camera and audio enabled and ready to fully participate. Any additional tasks or exercises set between sessions are done so to maximise client outcomes, and although are not compulsory, they are strongly advised as results cannot and will not be guaranteed or implied.
The client is not permitted to participate in any coaching session if they have taken any mind-altering substances; or excessive consumption of alcohol 24 hours before a coaching session; or have any medical conditions not declared at time of asking.
When our services and materials are provided for free, they are done so willingly. No attendee or client has any right to attend; and access can be denied based on any term of this agreement being broken. All materials are under copyright and can’t be copied or used without prior permission of Vivienne Joy. All brand names are trademarked and cannot be used in whole or in part.
By entering a Zoom session with the company, your consent is given for recording and secure storage of recordings for up to 10 years. Recordings identifying you will be used at the company’s discretion and permission gained where possible. The company will not be responsible for any accidental publishing or unlawful non permitted recording of any sessions.
If the companies Coach, Mentor or Trainer is in any doubt of the suitability of the client, they will be at liberty to end a session and terminate the remainder of the contract within these terms. No rude or abusive behaviour will be tolerated at any time.
Where the services include a certification, all exams and assessments must be submitted within the time and structure provided, certification is never assumed upon payment. This is to uphold the meticulous standards of the companies chosen Accreditation partner the AIPC&M, details of this organisation can be found here https://coach-accreditation.services/
If a customer of the company has any reason to complain, this is to be done so by email giving as much detail as possible to hello@VivienneJoy.com with 24 hours of any experience for the company to investigate through their complaints procedure.
General feedback can be submitted via this online form https://viviennejoy.com/client-feedback/
Relationship Terms
This agreement does not constitute, establish or imply any partnership, joint venture, agency, employment or fiduciary relationship between the parties. Neither party shall have, nor represent that it has, any authority to make or enter into any commitments on the other’s behalf or otherwise bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability or the exercise of any right or power).
Company material may contain references to third parties and their content; however at no time is any relationship given or implied. If such an arrangement is in place with any third parties, this will be disclosed up front.
Theft & Use of Intellectual Properties (IP)
All login details, documents, templates, processes, video recordings, live broadcasts, written text and resources provided on our sites; and via other forms of communications though dashboards, printed materials and verbally; are the for the sole use of the client during the programme and are not to be broadcasted, published publicly, reproduced or used in in unlawful way at any time, without prior consent of the Company Managing Director, Vivienne Joy. Any breech of these terms will be fully investigated and appropriate legal action taken.
Delivery Policy
For online products purchased from the company, the client will be sent access/login details within 48 hours from receipt of paid order. If this does not happen, please message support@VivienneJoy.com and it will be rectified within 24 hours.
Physical products will be delivered generally between 7am and 8pm (UK time) Monday to Saturday (excluding bank holidays) via a third-party delivery service such as Royal Mail. Deliveries will be made within 1 to 10 working days from receipt of your paid order.
Online coaching, training, mentoring and support services will be provided as agreed with the client at the time of booking and occasionally changed, with prior agreement to meet the needs of the Coach and other attendees.
Any cancelled events due to anything within our control will be notified at the earliest time, and is the only time a refund will ever be available as an option, together with transferring to another event or service.
Client/Customer Confidentiality
The client recognises that in the coaching, training and mentoring work together, you may divulge goals, future plans, business affairs, job information, personal and other such private information. The company will not, at any time, either directly or indirectly, voluntarily use any such information for our own benefit or disclose this information to a third party without your prior consent. We will not voluntarily disclose that you are in a coaching relationship without your permission, unless you yourself have broadcasted this publicly.
Privacy Policy, Data Handling & Protection
This agreement sets out the basis on which personal information collected during your use of our sites will be processed by us.
The company are ever mindful of the importance of upholding the security of information under our control. All data collected through the any of our websites, third parties or social media platforms is stored on secure firewall or password protected platforms with reputable service providers. The company has stringent security and confidentiality procedures covering the storage and disclosure of such information, in accordance with the Data Protection Act 1988 (the “Act”) and as set out and regulated by the Information Commissioners Office (‘ICO’).
Website Comments & Media
When visitors leave comments on our websites, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/ After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you upload images to our websites, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Cookies
A cookie is a small text file that is sent to your computer via your web browser when you visit our websites. We use cookies to keep track of your information during the time you view our sites. Cookies also allow us to understand who has seen which pages, helping us improve the sites and provide you with a better service.
You, the client may refuse to accept cookies by activating the setting on your browser which allows you to refuse the placement of cookies. Refusing cookies may mean that you will be unable to access certain parts or functionality of our sites. If you need any further or detailed information, please visit our full company Cookie Policy here: https://viviennejoy.com/cookie-policy/
Information We Collect
The company endeavours to take all reasonable steps to protect the privacy of client personal information. However, we cannot guarantee the security of any data you disclose online. You the client accept the inherent security risks of providing the information over the internet and will not hold us responsible for any breach of security, unless this is due to our negligence or wilful default. Your use of our sites signifies that you have given us your consent to transfer, store and process your personal data and your agreement to the terms of this agreement. You can choose to ask to see; or have us remove all or part of your information at any time as our data collection methods are in line with latest GDPR legislation and guidance.
Contact Forms
The company may collect and process personal information when the client completes a form on our sites, when you contact us, or when you provide us with information during email and telephone consultations. This includes, without limitation, information provided at the time of registering to our sites, submitting your data to us and if you report a problem with our sites. The company may also collect information regarding details of visits to our sites and the resources that you access. Any personal information we collect will be used by us strictly in accordance with current data protection legislation and this agreement. The company will store information collected from you and hold it electronically, or otherwise. Credit card details are never seen or stored. All electronic payments are handled by end-to-end encrypted services including PayPal, Stripe and GoCardless.
If you leave a comment on our sites, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded Content From Other Websites
Articles on our sites may include embedded content (e.g. Videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. The company has no control, liability or connection to any outcomes from the client clicking.
Use of Your Personal Information/Data
The company may use your personal information to provide you with information or services that you request, or which we feel may interest you. Where you have consented to be contacted for such purposes; for the purpose of informing changes in features to our sites; administration of our sites; and our own promotional activities, special offers, events and free improvement materials. The company may contact you by post, telephone, email or other electronic messages (depending on the information collected from you). You can notify the company to stop, or you can unsubscribe at any time.
We do not disclose information about identifiable individuals to third parties or advertisers; but we may provide them with aggregate information about our users for marketing, promotional and other purposes. We may also use aggregate information to help advertisers reach the kind of audience they want to target. This will also be accessed by the employed and virtual support team of She-Enjoys Ltd and Vivienne Joy Coaching Ltd.
If you leave a comment on our websites, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our websites (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information which is password protected.
Where Your Personal Data is Stored
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this agreement. Our website visitor comments may be checked through an automated spam detection service.
Your Rights
Under the act, you have the right to ask us not to process your personal data. You can exercise your right to prevent such processing by contacting us by email on support@VivienneJoy.com
You have the right to receive an exported file of the personal data (as defined in the act) that we keep about you, on receipt of a written request and verification of your identity. You can request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
If you are concerned that any of the information we hold on you is incorrect, or if you wish to object to the use we have made of your personal data, please contact us by email on support@VivienneJoy.com
Other Websites/Suppliers
Please note that this agreement only covers our sites and our services. Any other or third-party website which is linked to, or from, or mentioned on this our sites or our programmes will have their own privacy policies and terms and the company do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these other websites.
Governing Law & Jurisdiction
These terms shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms.
Force Majeure
Neither party (‘the client’ or ‘the company’) shall be liable for a breach of this agreement directly or indirectly caused by circumstances beyond its reasonable control (“Force Majeure Event”), provided that a circumstance beyond a party’s reasonable control shall not include any duty to comply with applicable law or any cause which is attributable to the party’s wilful act or negligence.
On the occurrence of a force majeure event, the affected party shall give immediate notice to the other party, stating the nature of the event, how it is affecting the performance of its obligations, the date it began to affect its performance, the estimated period during which its performance will be affected and the action it has taken and proposes to take to mitigate its effects.
The affected party shall mitigate (and whilst it continues, shall continue to mitigate) the effects of the force majeure event on its performance.
If the performance of all or a material part of the companies obligations under this agreement; or the services are delayed or prevented by a force majeure event for a continuous period of 90 days in aggregate, over any 3 month consecutive period, the client may terminate this agreement by giving 30 days’ written notice to hello@VivienneJoy.com
Liability
Nothing in this agreement shall limit or exclude the liability or remedy of either party or any other person for death or personal injury caused by its negligence, or that of its employees, agents, consultants, freelancers or subcontractors.
This includes fraud or fraudulent misrepresentation; in respect of an obligation in this agreement to indemnify a party or any other person for any act, omission or matter, liability for which may not be excluded or limited under any applicable law.
For any breach by the company, or for the wilful abandonment of this agreement. The company shall not be liable to the client for any indirect, special or consequential loss or damage, including loss of profit; loss of goodwill; loss of savings; or loss of contract. The company excludes, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
Any duty of care owed by the company to the client, is owed to the client alone and no duty of care is owed to any third party and the client does not assume any responsibility to any third party in respect of the performance of its duties to the client.
Any dispute arising from or any part of this agreement, shall be governed by and construed in accordance with the law of England and Wales; and the courts of England and Wales shall have exclusive jurisdiction. If any part of this agreement is held to be invalid or unenforceable, the remaining terms shall continue in full force and effect.
Medical Disclaimer
Some of the recordings on the website and in programmes are designed to create powerful trance states in the listener, so please only listen when you are safe to relax and be fully absorbed in the experience, and NEVER listen while driving or doing anything else that requires your attention.
By enrolling and participating in hypnotherapy and altered state programmes within courses and free materials, you are testifying that you are of sound mind and are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from these trainings. By continuing you also testify that you understand and accept that Vivienne Joy is not a licenced physician, psychologist, or medical practitioner of any kind.
Hypnosis and Hypnotherapy are powerful methods, but should not be considered a replacement for the advice and/or services of a psychiatrist, psychologist, doctor or normal prescribed medications.
The information, techniques, methods and recommendations by Vivienne Joy are in no way intended to substitute the diagnosis and care by a qualified physician. If you use hypnosis and are under medical care for ANY condition, you should NOT make adjustments to ANY prescribed medication without the approval of your doctor. If in any doubt, you should seek your doctor’s advice.
Changes to Our Terms and Conditions and/or Privacy Policy
We may modify our terms and our privacy policy from time to time at our sole discretion. If so, we will post revised versions on our websites. We urge you to check this page regularly to obtain the most up to date information. Modifications will be effective when they are posted on our websites.
Contact Us
If you have any comments or queries in connection with our terms privacy policy, please email us on support@VivienneJoy.com or by post to Vivienne Joy, Managing Director. Vivienne Joy Coaching Ltd, 120 Lincoln Road, Tuxford, Nottinghamshire, UK, NG22 0HS.