Please read the following important terms and conditions before you apply for any courses, or commit to paying for any services as described on our website and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights, if you are a consumer:

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘we’, ‘us’ or ‘our’ means C Flanagan Ltd, a private limited company, registered in England and Wales with company number 13147005, with its register office address at 53 Townsend Lane, Harpenden AL5 2RE; and
• ‘you’ or ‘your’ means the person using our site to buy services from us.

If you have any questions about this contract, please contact us by:

• sending an email to support@carolineflanagan.com; or
• filling out and submitting the online contact form available here https://carolineflanagan.com/contact/.

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

1 Introduction

1.1 In applying for a place on our courses, or engaging our services, you agree to be legally bound by this contract.

1.2 These terms and conditions apply only if you are buying services on our site as a consumer (i.e. acting as an individual in your personal capacity, or for purposes outside of your business, craft or profession). If you are buying services on our site in the course of business, certain provisions of these terms shall not apply (see below for further details; terms which apply to consumers and terms which apply to businesses).

1.3 This contract is only available in English. No other languages will apply to this contract.

1.4 In line with the terms set out below, once you have applied, been accepted upon and paid the balance of the course fees due under any of the courses or services set out on our website, these terms and conditions will apply to all subsequent dealings you have with us, unless we specifically inform you otherwise.

2 Information we give you as a Consumer

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1 Check out the information on our website regarding the service that you are interested in (setting out the price for the services and the timeframes/methods of delivery for those services);

2.1.2 read the information sent in communications from us to you about the services you are engaging; or

2.1.3 contact us using the contact details at the top of this page.

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3 Your privacy and personal information

3.1 Our Privacy Policy is available at: carolineflanagan.com/privacy-policy/

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4 Ordering services from us

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 To apply for a place on any of our coaching programmes or courses, you must

4.2.1 submit an application through our website at: www.carolineflanagan.com on such dates and within such time period as designated by us and communicated on our website from time to time (the “enrolment period”).

4.2.2 Please consider and check your application carefully before submitting it. In making the application, you are committing to enter into a legally binding contract with us (and paying further sums), should your application be accepted.

4.3 After you have submitted your application, we will confirm whether or not you have been accepted on to our course, within 4 working days (commencing from the day after the last day of the enrolment period). We will confirm whether or not we have been able to accept your application by email. On receipt of our email confirmation that you have secured a place on our course, you will be obliged to pay the balance of the fees for the course, within the timescale set out in the Confirmation Email in order to secure your place. Your place on the course is only secured and a legally binding contract comes into existence between us, when we have received full payment of the course fee (see clause 4.6 below).

4.4 We may contact you to say that we do not accept your application. This is typically for the following reasons:

4.4.1 we cannot carry out the services;

4.4.2 you are not allowed to buy the services from us;

4.4.3 we are not allowed to sell the services to you;

4.4.4 there has been a mistake on the pricing or description of the services; or

4.4.5 for any other reason as we may see fit, in our absolute and sole discretion.

4.5 We will only accept your application when we email you to confirm this (Confirmation Email). At this point:

4.5.1 a legally binding contract will be in place between you and us; and

4.5.2 we will provide the services in line with the details contained on our website.

4.6 If you are under the age of 18 you may not buy services from our site.

5 Right to cancel if you are a Consumer

5.1 You have the right to cancel this contract within 14 days without giving any reason. It is unlikely that we will accept applications for our course within 14 days from the start of the course. However, you do not have the right to cancel if you apply within 14 days of the start of the course, since in doing so, you are effectively requesting for us to start providing the services during the cancellation period, and as such, the services will have been partly performed during this period. This is further explained in clauses 5.6 and 5.7 below.

5.2 The cancellation period will expire after 14 days from the day on which the contract is made (being the day on which we send the Confirmation Email to you).

5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page.

5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.5 As stated above, we do not envisage performing the services during the 14-day cancellation period, unless you make a late application and we accept your application during this time, in which case you are asking us to start performing the services within the cancellation period. If you submit your application to us within 14 days from the commencement date of a course, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract without liability, at least for the part of the services which have been performed by the date on which you seek to cancel the contract. If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired, which may mean that you miss some of the course. We are not obliged to accept your request.

5.6 This means that if you requested for us to start providing the services during the cancellation period and the services have commenced during this period, you lose your right to cancel without liability and you will be required to pay an amount reflective of the portion of the services performed under this contract, even if the cancellation period has not expired.

5.7 For the avoidance of doubt, where you have applied and been accepted on to the course 14 days or more from the commencement date of the course, and where the cancellation period has expired, you lose your right to cancel this contract, whether the course has started or not, and you will not be entitled to any refunds.

5.8 This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this page. See also clause 10 below.

6 Effects of cancellation

6.1 If you cancel this contract within the cancellation period, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or

6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.4 Should you wish to cancel this contract outside of the cancellation period, you will lose all monies paid and shall not be entitled to any refunds.

7 Right to cancel if you are operating in the Course of a Business

7.1 If you have applied for a course and been accepted on to that course (in line with the provisions of clause 4 above), acting in the course of your business or making the application on behalf of an employee of your business, then you will be liable to pay the remaining balance due on receipt of a Confirmation Email from us (the provisions of clause 5 shall not apply).

7.2 For the avoidance of doubt, you shall not be entitled to any refund of any monies should you attempt to cancel this contact after acceptance of your application for a place on a course, that is, after we have sent you a Confirmation Email.

8 Carrying out of the services

8.1 We will endeavour to carry out the services in the timeframe or within the period set out on our website, however this is not of the essence and maybe subject to change.

8.2 We reserve the right in our absolute discretion, to deliver the services howsoever we see fit, which may include (but not be limited to) using third party guest speakers, coaches or other providers to deliver the material or content of the courses, either in part or in whole.

8.3 Due to the length of the course, our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, or an alteration to the timing/duration or days on which the services will be provided, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed.

8.4 It is your responsibility to make yourself available on the times and days that are identified for us to provide the services and for the duration of the course. If you are not available or present on any of those days, you will not be entitled to any refund.

8.5 Whilst we will exercise due skill and care in delivering the services, we do not guarantee any end results and cannot accept any liability for any perceived failure in meeting any standards, objectives, personal goals or outcomes.

9 Payment and pricing

9.1 We reserve the right to review and adjust the pricing of any of our courses as described on our website at any time and will update the details on our website accordingly, such changes to take immediate effect. We will not, however, change the price of a course once you have received a Confirmation Email from us and paid the total amount due in respect of that course.

9.2 We accept payment by credit cards or debit card.

9.3 We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

9.4 Your credit card or debit card will only be charged when we receive your application or when we have issued the Confirmation Email to you (in respect of the balance of the amount due for the course)

9.5 All payments by credit card or debit card need to be authorised by the relevant card issuer.

9.6 If your payment is not received by us in accordance with clause 8.3, we may charge interest on any balance outstanding at the rate of 4% per year above Bank of England’s base rate.

9.7 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

9.8 All prices are in pounds sterling (£)(GBP)and includes VAT, which is due and payable at the applicable rate, unless otherwise stated.

10 Nature of the services

10.1 Where you are a consumer, the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:

10.1.1 where the price has not been agreed upfront, the cost of the services must be reasonable; and

10.1.2 where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.

10.2 We are under a legal duty to supply you with services that are in conformity with this contract.

11 Faulty services

11.1 Where you are a consumer, your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

11.1.1 contact us using the contact details at the top of this page; or

11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.3 If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.

12 Money Back Guarantee

12.1 Where you have been accepted onto a course which offers a “Money Back Guarantee”, we will provide a full refund of the course fees in the following circumstances:

12.1.1 where we have agreed upon, before the start date of the course (and we have confirmed with you in writing via email), “Measurable Goals” which you have identified that you would like to achieve in your career;

12.1.2 you do not, within the “Programme Period” (being the period from the “Start Date” of any course or programme (the date on which the services commence) to the date that is 6 calendar months from the Start Date, but does not include the calendar months of December, April and August which are deemed consolidation months), achieve at least one of your Measurable Goals;

12.1.3 you have completed the course/programme from the Start Date to the end of the Programme Period and have;

(a) undertaken any tasks or exercises that have been designated to you in accordance with timeframes set;
(b) attended a minimum of 80% of coaching sessions with your screen/web camera turned on, so that the coach is able to see you;
(c) received direct coaching during the coaching sessions; and
(d) provided accurate and timely monthly progress reports to the coach, by reporting on your progress in the required format

12.2 Where, in addition to the Money Back Guarantee offered under clause 12.1 above, we have also offered our 2nd Guarantee, being: six 1:1 coaching sessions with one of our coaches, you must;

12.2.1 have signed up to the course by the specified deadline (as set out on our website homepage);

12.2.2 have complied with the provisions of clause 12.1 above;

12.2.3 work with us in order to agree mutually convenient times and dates for the provision of those coaching sessions (we agree to use reasonable endeavours to do so);

12.2.4 use those coaching sessions within 6 calendar months from the end of Programme Period.

12.3 Nothing in this clause 12 shall affect your statutory rights.

13 End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

14 Limitation on our liability

14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

14.1.1 losses that were not foreseeable to you and us when the contract was formed;

14.1.2 losses that were not caused by any breach on our part;

14.1.3 business losses; or

14.1.4 losses to non-consumers.

15 Obligations on you

15.1 Intellectual property rights: by proceeding to apply for a course and making payment of the course fees, you are entering a legally binding contract with us and acknowledge that after your receipt of the Confirmation Email and your payment of the course fee, you will be provided with or granted access to, certain course materials, information, techniques, methods, know how or other forms of intellectual property or trade secrets. You hereby warrant and undertake, that as part of entering into the legally binding contract with us, you will not record, copy, use or share such content or information with any other person or entity, without the express written consent of Caroline Flanagan, and acknowledge that all such information, content or intellectual property is owned by Caroline Flanagan, and that your acceptance on or participation in a course, does not grant you any rights in or ownership of the materials, content, methods, know how, or any other intellectual property in any form whatsoever.

15.2 Confidential Information: in line with the provisions of clause 14.1 above, once a legally binding contract between us exists, you may also become privy to certain confidential information by virtue of your dealings with us, or your participation in a course. You hereby warrant and undertake, as part of your application and payment of the course fee and in acknowledgement of the benefit you will be receiving from our service, not to share any information that you become aware of during your participation in a course or in your dealings with us, which may be deemed to be of a confidential nature. Such information may include but is not limited to, information about Caroline Flanagan or such other coach as maybe used by us, or any other individual participant or their associated businesses.

15.3 This clause 14 shall survive the termination or expiration of this contract.

16 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

17 Disputes

17.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

17.2 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

17.3 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.