Coaching Terms & Conditions
These terms and conditions (the 'Terms') apply to any career coaching that McMullan Associates Limited ('we', 'us' or 'our') provides other than through the Lawyers Career Mastermind, including:
(a) a Career Strategy Session;
(b) a Power Hour Coaching Session;
(c) any short course and coaching programme, such as:
(a) a Career Strategy Session;
(b) a Power Hour Coaching Session;
(c) any short course and coaching programme, such as:
(i) Ace Your Interview;
(ii) Ace Your Training Contract Interview;
(iii) Plan Your Training Contract Application Strategy;
(iv) Plan Your Career Strategy;
(v) Develop an Empowered Mindset;
(vi) Become the Must-Hire Candidate, and
any such other standalone career coaching booked by you (you or your), referred to below as ('Career Coaching').
1. Application
1.1 By making payment of the fee referred to in Clause 3 below, you agree to these Terms.
1.2 These Terms will continue in force unless and until terminated in accordance with the provisions of Clause 10.
1.3 These Terms should be read in conjunction with:
(a) our Website Terms of Use https://www.paulamcmullan.com/terms
(b) our Cookie Policy https://www.paulamcmullan.com/cookiepolicy
(c) our Privacy Policy https://www.paulamcmullan.com/privacypolicy; and
(d) our Acceptable Use Policy https://www.paulamcmullan.com/acceptableuse
all of which can be found on our website www.paulamcmullan.com and which are incorporated as part of these Terms.
1.4 Your attention is drawn to the provisions of Clauses 6 (Your Responsibilities) and Clause 9 (Limitation of Liability) which sets out the limitations on our liability to you in relation to the Career Coaching.
2. Your One-To-One Coaching
2.1 As part of the Career Coaching, you will be able to book one or more one-to-one coaching sessions delivered by Paula McMullan (the 'Coach') via video conference (the 'Coaching Session').
1. Application
1.1 By making payment of the fee referred to in Clause 3 below, you agree to these Terms.
1.2 These Terms will continue in force unless and until terminated in accordance with the provisions of Clause 10.
1.3 These Terms should be read in conjunction with:
(a) our Website Terms of Use https://www.paulamcmullan.com/terms
(b) our Cookie Policy https://www.paulamcmullan.com/cookiepolicy
(c) our Privacy Policy https://www.paulamcmullan.com/privacypolicy; and
(d) our Acceptable Use Policy https://www.paulamcmullan.com/acceptableuse
all of which can be found on our website www.paulamcmullan.com and which are incorporated as part of these Terms.
1.4 Your attention is drawn to the provisions of Clauses 6 (Your Responsibilities) and Clause 9 (Limitation of Liability) which sets out the limitations on our liability to you in relation to the Career Coaching.
2. Your One-To-One Coaching
2.1 As part of the Career Coaching, you will be able to book one or more one-to-one coaching sessions delivered by Paula McMullan (the 'Coach') via video conference (the 'Coaching Session').
2.2 You will be given access to book your Coaching Session via our online scheduler, currently www.calendly.com (the 'Online Scheduler'). You will be required to make payment for the session before the date of your Coaching Session is confirmed.
2.2 We will provide the Coaching Session in accordance with our obligations as set out in Clause 5.
2.3 Your Coaching Session (including any rearranged session) must be used within one month from the date on which you paid for your Career Coaching, or it will expire. You may rearrange your Coaching Session one time only by giving the Coach at least 24 hours’ notice. If you give the Coach less than 24 hours’ notice, fail to attend the Coaching Session, or have already rearranged the Coaching Session once, you will be deemed to have taken the Coaching Session and will not be permitted to reschedule it. You will not be entitled to any compensation for such a missed Coaching Session.
2.4 Our ability to deliver the Coaching Session may be affected by events beyond our reasonable control. If so, there might be a delay before we can offer the Coaching Session. We will use reasonable efforts to limit the effect of any of those events, keep you informed of the circumstances and endeavour to deliver the Coaching Session as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include illness, IT issues and problems with internet connectivity, or if you change the services you require from us and we have to do extra preparation.
3. Fees and Payment
3.1 The fee payable for the Coaching Coaching is set out on the booking page for the Career Coaching programme you are booking. This fee does not include any fees which we incur in respect of third-party services, such as psychometric assessments. We will charge any such fees back to you in the event that we agree any such third-party services between us.
3.2 Payment is to be made online through the check-out page for the relevant Career Coaching programme.
3.3 The fees are non-refundable except:
(a) if you are a consumer, your right to a ‘cooling off’ period, as described in Clause 4;
(b) where we cancel a programme (other than under 10.2 below) you are entitled to a partial refund for sessions which you have paid for in advance
and which you have not received.
3.4 In all other circumstances, we are not able to refund to you any payment you have made, even where you do not use your Coaching Session. This is a reflection of the amount of preparation we put into the programme to make it most effective for you and the amount of time we dedicate and set aside for preparing for and attending our sessions together.
4. Cooling off period for consumers
4.1 If you are a consumer, you have the right to cancel within 14 days of booking without giving any reason.
4.2 The cancellation period will expire 14 days after the date of your payment for the Coaching Session.
4.3 However, if you confirm to us that you wish to use the Coaching Session, or if you view any of the online resources made available to you as part of the Career Coaching, during the 14-day cancellation period, then you lose your right to cancel. At this point, our refund policy set out in clause 4.4 will apply.
4.4 If you cancel in accordance with the cooling off period in clause 4.1, we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
5. Our obligations
5.1 We will provide our coaching services during your Coaching Session with reasonable skill and care.
5.2 Other than as set out in Clause 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, such as the amount of time and effort you put into implementing the tools and techniques discussed during your Coaching Session, we cannot guarantee any particular results.
5.3 We will endeavour to ensure that all information that we provide during your Coaching Session is accurate and up-to-date, but we will not be liable for any claims arising where this is not the case.
6. Your responsibilities
6.1 You agree to abide by my acceptable use requirements and that you will not use your Coaching Session in any way that:
(a) is illegal, unlawful, harmful, abusing, threatening or in a way which otherwise harms or interferes with the rights of another person or their participation in the Programme; or
(b) causes or may cause damage to my business; or (c)will transmit or transfer any viruses, trojans, worms or any other malicious programs which may harm or destroy any computer hardware or software or any other equipment.
This list is not intended to be exhaustive. I reserve the right to terminate (with or without notice) your Coaching Session if in my reasonable opinion you behave in a way which is not acceptable.
6.2 You acknowledge that, by booking your Coaching Session and making payment for it, you understand that you are responsible for your own success and the use you make of the Coaching Session.
6.3 You agree and acknowledge that I do not give any promises or guarantees to you about the success or results that you will achieve as a result of attending the Coaching Session. You acknowledge that your success is dependent on how much effort, dedication and motivation you put into taking action and implementing the advice and coaching you receive during the Coaching Session. If your Coaching Session relates to securing a training contract or a job offer, you also agree and acknowledge that your success is also dependent on factors outside my and your control, including individual law firm selection criteria and the timing of your application.
6.4 Any information or testimonials given by previous participants are by way of example only and are not any promise or guarantee of what a future participant will achieve.
6.5 You agree and accept that you are not entitled to a refund of all or any part of the fee payable under Clause 3 if you do not benefit from the Coaching Session or achieve any particular outcome.
2.2 We will provide the Coaching Session in accordance with our obligations as set out in Clause 5.
2.3 Your Coaching Session (including any rearranged session) must be used within one month from the date on which you paid for your Career Coaching, or it will expire. You may rearrange your Coaching Session one time only by giving the Coach at least 24 hours’ notice. If you give the Coach less than 24 hours’ notice, fail to attend the Coaching Session, or have already rearranged the Coaching Session once, you will be deemed to have taken the Coaching Session and will not be permitted to reschedule it. You will not be entitled to any compensation for such a missed Coaching Session.
2.4 Our ability to deliver the Coaching Session may be affected by events beyond our reasonable control. If so, there might be a delay before we can offer the Coaching Session. We will use reasonable efforts to limit the effect of any of those events, keep you informed of the circumstances and endeavour to deliver the Coaching Session as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include illness, IT issues and problems with internet connectivity, or if you change the services you require from us and we have to do extra preparation.
3. Fees and Payment
3.1 The fee payable for the Coaching Coaching is set out on the booking page for the Career Coaching programme you are booking. This fee does not include any fees which we incur in respect of third-party services, such as psychometric assessments. We will charge any such fees back to you in the event that we agree any such third-party services between us.
3.2 Payment is to be made online through the check-out page for the relevant Career Coaching programme.
3.3 The fees are non-refundable except:
(a) if you are a consumer, your right to a ‘cooling off’ period, as described in Clause 4;
(b) where we cancel a programme (other than under 10.2 below) you are entitled to a partial refund for sessions which you have paid for in advance
and which you have not received.
3.4 In all other circumstances, we are not able to refund to you any payment you have made, even where you do not use your Coaching Session. This is a reflection of the amount of preparation we put into the programme to make it most effective for you and the amount of time we dedicate and set aside for preparing for and attending our sessions together.
4. Cooling off period for consumers
4.1 If you are a consumer, you have the right to cancel within 14 days of booking without giving any reason.
4.2 The cancellation period will expire 14 days after the date of your payment for the Coaching Session.
4.3 However, if you confirm to us that you wish to use the Coaching Session, or if you view any of the online resources made available to you as part of the Career Coaching, during the 14-day cancellation period, then you lose your right to cancel. At this point, our refund policy set out in clause 4.4 will apply.
4.4 If you cancel in accordance with the cooling off period in clause 4.1, we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
5. Our obligations
5.1 We will provide our coaching services during your Coaching Session with reasonable skill and care.
5.2 Other than as set out in Clause 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, such as the amount of time and effort you put into implementing the tools and techniques discussed during your Coaching Session, we cannot guarantee any particular results.
5.3 We will endeavour to ensure that all information that we provide during your Coaching Session is accurate and up-to-date, but we will not be liable for any claims arising where this is not the case.
6. Your responsibilities
6.1 You agree to abide by my acceptable use requirements and that you will not use your Coaching Session in any way that:
(a) is illegal, unlawful, harmful, abusing, threatening or in a way which otherwise harms or interferes with the rights of another person or their participation in the Programme; or
(b) causes or may cause damage to my business; or (c)will transmit or transfer any viruses, trojans, worms or any other malicious programs which may harm or destroy any computer hardware or software or any other equipment.
This list is not intended to be exhaustive. I reserve the right to terminate (with or without notice) your Coaching Session if in my reasonable opinion you behave in a way which is not acceptable.
6.2 You acknowledge that, by booking your Coaching Session and making payment for it, you understand that you are responsible for your own success and the use you make of the Coaching Session.
6.3 You agree and acknowledge that I do not give any promises or guarantees to you about the success or results that you will achieve as a result of attending the Coaching Session. You acknowledge that your success is dependent on how much effort, dedication and motivation you put into taking action and implementing the advice and coaching you receive during the Coaching Session. If your Coaching Session relates to securing a training contract or a job offer, you also agree and acknowledge that your success is also dependent on factors outside my and your control, including individual law firm selection criteria and the timing of your application.
6.4 Any information or testimonials given by previous participants are by way of example only and are not any promise or guarantee of what a future participant will achieve.
6.5 You agree and accept that you are not entitled to a refund of all or any part of the fee payable under Clause 3 if you do not benefit from the Coaching Session or achieve any particular outcome.
6.6 You must use your coaching session (including any rearranged session) within six weeks of booking it, or it will expire. You may rearrange your coaching session once by giving us at least 24 hours’ notice. If you give us less than 24 hours’ notice, fail to attend a session, or have already rearranged the session, you will be deemed to have taken the session and will not be permitted to reschedule it. You will not be entitled to any compensation for such missed sessions.
7. Confidentiality and Data Privacy
7.1 I acknowledge that I will have access to your confidential information, and that I will not (except in the proper course of my duties in providing the Coaching Session) use or disclose such confidential information to any third party. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which I, in my absolute discretion, consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
7.2 In providing the Coaching Session, I will process personal data about you in accordance with the Data Protection Act 1998 and the General Data Protection Regulation ((EU) 2016/679) (Data Protection Legislation).
7.3 Any personal data (as defined by the Data Protection Legislation) will be processed by me or others on my behalf in accordance with the Data Protection Legislation and in accordance with your instructions: (a)to provide the Coaching Session and related support to you and process your payments relating to the Coaching Session; and (b)to provide you with details of my other products and services. I will notify you if I change any of the third-party providers that I use in order to provide the Coaching Session but, if you object to the new provider, you accept that I may not be able to continue with your Coaching Session.
7.4 I do not ask for, or use, more personal data than is necessary and I will only hold your personal data for as long as it is needed for legal, accounting or regulatory purposes, after which I will delete it. You may at any time (and free of charge) request details of the data I hold relating to you and you can ask that any such data is amended or deleted, but if you ask for your data to be deleted, I may not be able to continue to deliver the Coaching Session to you.
7.5 For administrative reasons, some of your personal data may be passed to and stored securely with third-party service providers located outside the EEA (European Economic Area) as detailed in my Privacy Policy https://www.paulamcmullan.com/privacypolicy/. I will ensure that I and any third parties who process your personal data on my behalf, have implemented appropriate technical and organizational measures to ensure that there is an appropriate level of security for your personal data having regard to the state of technological developments and the cost of implementing any measures.
7.6 I ensure that my consultants and any persons who have access to, or process data on my behalf, keep this confidential and are under substantially similar obligations with regard to your personal data as are set out in these Terms.
7.7 Further details relating to the processing of your personal data are set out in my Privacy Policy which you can view on my website: https://www.paulamcmullan.com/privacypolicy/
7.8 The provisions of this Clause 7 shall survive the termination of these Terms.
8. Intellectual Property Rights
8.1 I am the owner or the licensee of all copyright, trademarks and related or similar intellectual property rights (Intellectual Property Rights) in the Coaching Session and any materials that I may make available to you (my Resources). Nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in my Resources to you or to any other person.
8.2 You must not, at any time, copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way, any part of my Resources.
8.3 I hereby grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use all or any of my Resources solely for purposes of the coaching services provided during the Coaching Session.
8.4 Except as set out in Clause 8.3, you may not, and you must not, except where I have given my prior written consent:
(a) use any of my Intellectual Property Rights; or
(b) make any audio or visual recordings of any part of the Coaching Session or make my Resources available to third parties.
8.5 You agree to compensate me in full against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of my Intellectual Property Rights.
8.6 The provisions of this Clause 8 shall survive the termination of these Terms.
9. Limitation of Liability
9.1 Nothing in this Clause 9, shall exclude or limit my liability for death or personal injury caused by my negligence or for fraud or fraudulent misrepresentation or for any matter for which liability cannot be excluded or limited as a matter of law.
9.2 Subject to Clause 9.1, I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of contracts, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you booking and participating in a Coaching Session and/or me delivering the Coaching Session to you.
9.3 Subject to Clause 9.1 and the other provisions of this Clause 9, my total liability to you in contract, tort (including negligence), breach of statutory duty or otherwise arising in connection with these Terms shall be limited to the total fee paid by you for the Coaching Session.
9.4 If I am prevented from, or delayed in, performing my obligations under these Terms by anything you do or fail to do or by any circumstances outside of my reasonable control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you as a result.
9.5 Except as otherwise set out in these Terms, I will have no liability to you as a result of your accessing the Coaching Session or any of my Resources via the internet or my communications with you via email. Although I take reasonable precautions to ensure that I have appropriate anti-virus software in place so that I can provide the Coaching Session safely, you should also ensure that you have appropriate software in place to protect your and their own software and systems.
9.6 The provisions of this Clause 9 shall survive the termination of these Terms.
10. Termination
10.1 I may terminate your access to the Coaching Session upon written notice to you with immediate effect at any time, if:
(a) you commit any serious or repeated breach of these Terms; or
(b) you fail to pay any sums payable to me when they are due; or
(c) you do anything which, in my reasonable opinion, brings or is likely to bring me into disrepute or is materially adverse to my interests.
10.2 Upon such termination, any sums due to me but unpaid will immediately become payable and, I will terminate your online access to the Coaching Session and any of my Resources to which I have given you access.
10.3 Termination of your access to the Coaching Session shall not affect the accrued rights of the parties prior to the effective date of termination.
10.4 Any provision of these Terms which expressly or by implication has effect after termination of your access to the Coaching Session shall continue in full force and effect after the date of such termination.
11. Notices
11.1 We will communicate by email and telephone and will ensure that we keep our communication information up-to-date at all times.
11.2 If I communicate with you by email, I can regard the notice as having been received on the date that I send the email to you. If notices are sent by post, they will be treated as having been received two days after posting if posted in the UK, or five days after posting if posted outside the UK.
12. General
12.1 These Terms form the entire agreement and understanding between us in connection with the Coaching Session and supersede any previous arrangement, discussions, understanding or agreement between me relating to the Coaching Session.
12.2 You agree that by purchasing the Coaching Session you have not relied on any undertaking, representation or statement about the Coaching Session, other than as set out in these Terms.
12.3 Nothing in these Terms is intended to limit or exclude any statutory rights you may have.
12.4 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
12.5 Any delay or failure by me to enforce any of provisions of these Terms on any occasion, will not affect or limit my ability to enforce that provision or exercise my rights on any other occasion or to seek any other remedy.
12.6 Each of these Terms operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining provisions will continue in full force and effect.
12.7 These Terms govern the agreement between you and me, except as otherwise set out in these Terms, no other person has any right to enforce them. Neither party will need the agreement of any other person to vary its terms.
13. Disputes, Governing Law and Jurisdiction
13.1 We agree to work together in good faith to resolve any dispute arising under these Terms. If a dispute cannot be settled by negotiation, I will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution’s model mediation procedure then in force before resorting to any other remedies.
13.2 These Terms are governed by the laws of England and Wales and, subject to Clause 13.1, any claims between you and me will be brought in the courts of England and Wales.
7. Confidentiality and Data Privacy
7.1 I acknowledge that I will have access to your confidential information, and that I will not (except in the proper course of my duties in providing the Coaching Session) use or disclose such confidential information to any third party. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which I, in my absolute discretion, consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
7.2 In providing the Coaching Session, I will process personal data about you in accordance with the Data Protection Act 1998 and the General Data Protection Regulation ((EU) 2016/679) (Data Protection Legislation).
7.3 Any personal data (as defined by the Data Protection Legislation) will be processed by me or others on my behalf in accordance with the Data Protection Legislation and in accordance with your instructions: (a)to provide the Coaching Session and related support to you and process your payments relating to the Coaching Session; and (b)to provide you with details of my other products and services. I will notify you if I change any of the third-party providers that I use in order to provide the Coaching Session but, if you object to the new provider, you accept that I may not be able to continue with your Coaching Session.
7.4 I do not ask for, or use, more personal data than is necessary and I will only hold your personal data for as long as it is needed for legal, accounting or regulatory purposes, after which I will delete it. You may at any time (and free of charge) request details of the data I hold relating to you and you can ask that any such data is amended or deleted, but if you ask for your data to be deleted, I may not be able to continue to deliver the Coaching Session to you.
7.5 For administrative reasons, some of your personal data may be passed to and stored securely with third-party service providers located outside the EEA (European Economic Area) as detailed in my Privacy Policy https://www.paulamcmullan.com/privacypolicy/. I will ensure that I and any third parties who process your personal data on my behalf, have implemented appropriate technical and organizational measures to ensure that there is an appropriate level of security for your personal data having regard to the state of technological developments and the cost of implementing any measures.
7.6 I ensure that my consultants and any persons who have access to, or process data on my behalf, keep this confidential and are under substantially similar obligations with regard to your personal data as are set out in these Terms.
7.7 Further details relating to the processing of your personal data are set out in my Privacy Policy which you can view on my website: https://www.paulamcmullan.com/privacypolicy/
7.8 The provisions of this Clause 7 shall survive the termination of these Terms.
8. Intellectual Property Rights
8.1 I am the owner or the licensee of all copyright, trademarks and related or similar intellectual property rights (Intellectual Property Rights) in the Coaching Session and any materials that I may make available to you (my Resources). Nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in my Resources to you or to any other person.
8.2 You must not, at any time, copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way, any part of my Resources.
8.3 I hereby grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use all or any of my Resources solely for purposes of the coaching services provided during the Coaching Session.
8.4 Except as set out in Clause 8.3, you may not, and you must not, except where I have given my prior written consent:
(a) use any of my Intellectual Property Rights; or
(b) make any audio or visual recordings of any part of the Coaching Session or make my Resources available to third parties.
8.5 You agree to compensate me in full against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of my Intellectual Property Rights.
8.6 The provisions of this Clause 8 shall survive the termination of these Terms.
9. Limitation of Liability
9.1 Nothing in this Clause 9, shall exclude or limit my liability for death or personal injury caused by my negligence or for fraud or fraudulent misrepresentation or for any matter for which liability cannot be excluded or limited as a matter of law.
9.2 Subject to Clause 9.1, I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of contracts, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you booking and participating in a Coaching Session and/or me delivering the Coaching Session to you.
9.3 Subject to Clause 9.1 and the other provisions of this Clause 9, my total liability to you in contract, tort (including negligence), breach of statutory duty or otherwise arising in connection with these Terms shall be limited to the total fee paid by you for the Coaching Session.
9.4 If I am prevented from, or delayed in, performing my obligations under these Terms by anything you do or fail to do or by any circumstances outside of my reasonable control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you as a result.
9.5 Except as otherwise set out in these Terms, I will have no liability to you as a result of your accessing the Coaching Session or any of my Resources via the internet or my communications with you via email. Although I take reasonable precautions to ensure that I have appropriate anti-virus software in place so that I can provide the Coaching Session safely, you should also ensure that you have appropriate software in place to protect your and their own software and systems.
9.6 The provisions of this Clause 9 shall survive the termination of these Terms.
10. Termination
10.1 I may terminate your access to the Coaching Session upon written notice to you with immediate effect at any time, if:
(a) you commit any serious or repeated breach of these Terms; or
(b) you fail to pay any sums payable to me when they are due; or
(c) you do anything which, in my reasonable opinion, brings or is likely to bring me into disrepute or is materially adverse to my interests.
10.2 Upon such termination, any sums due to me but unpaid will immediately become payable and, I will terminate your online access to the Coaching Session and any of my Resources to which I have given you access.
10.3 Termination of your access to the Coaching Session shall not affect the accrued rights of the parties prior to the effective date of termination.
10.4 Any provision of these Terms which expressly or by implication has effect after termination of your access to the Coaching Session shall continue in full force and effect after the date of such termination.
11. Notices
11.1 We will communicate by email and telephone and will ensure that we keep our communication information up-to-date at all times.
11.2 If I communicate with you by email, I can regard the notice as having been received on the date that I send the email to you. If notices are sent by post, they will be treated as having been received two days after posting if posted in the UK, or five days after posting if posted outside the UK.
12. General
12.1 These Terms form the entire agreement and understanding between us in connection with the Coaching Session and supersede any previous arrangement, discussions, understanding or agreement between me relating to the Coaching Session.
12.2 You agree that by purchasing the Coaching Session you have not relied on any undertaking, representation or statement about the Coaching Session, other than as set out in these Terms.
12.3 Nothing in these Terms is intended to limit or exclude any statutory rights you may have.
12.4 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
12.5 Any delay or failure by me to enforce any of provisions of these Terms on any occasion, will not affect or limit my ability to enforce that provision or exercise my rights on any other occasion or to seek any other remedy.
12.6 Each of these Terms operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining provisions will continue in full force and effect.
12.7 These Terms govern the agreement between you and me, except as otherwise set out in these Terms, no other person has any right to enforce them. Neither party will need the agreement of any other person to vary its terms.
13. Disputes, Governing Law and Jurisdiction
13.1 We agree to work together in good faith to resolve any dispute arising under these Terms. If a dispute cannot be settled by negotiation, I will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution’s model mediation procedure then in force before resorting to any other remedies.
13.2 These Terms are governed by the laws of England and Wales and, subject to Clause 13.1, any claims between you and me will be brought in the courts of England and Wales.
Who we are and how to contact us
We, McMullan Associates Limited, operate this website (Paula McMullan, I or me) as a limited liability company (company number 13957699). Our place of business is Numeric House, 98 Station Road, Sidcup, Kent, United Kingdom, DA15 7BY. You can contact us by email at paula@paulamcmullan.com or by telephone on 07910 549135.
© 2023 Paula McMullan
