The Heidi Sawyer Group Terms and Conditions
The Heidi Sawyer Group, which is trading as HeidiSawyer.com or any subsidiary company or associated website or URL, not limited to those listed below:
Parent website: www.HeidiSawyer.com
www.Heidi-Sawyer.com or www.HeidiSawyer.com or www.HeidiSawyer.net
www.Life-Codes.co.uk or www.Life-Codes.com
1 ACCEPTANCE OF TERMS
Your access to and use of Heidi Sawyer’s website www.HeidiSawyer.com (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
2.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
2.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
2.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
2.5 “Seller” means The Heidi Sawyer Group, St Paul’s House, Farnham, Surrey, GU9 7TJ, VAT Number: 984 6412 86. UK: 0845 331 3494 International callers: +44 1992 531 284.
2.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
3.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
3.3 Payment of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
3.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
4.4 While the Seller uses reasonable efforts to include accurate and up-to-date information in the Site, the Seller makes no warranties or representations as to its accuracy. The Seller assumes no liability or responsibility for any errors or omissions in the content of the Site.
4.5 When you register with the Seller and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Seller. You consent to receive notices electronically by way of transmitting the notice to you by email.
4.6 If you send comments or suggestions about the Site to the Seller, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Seller. No submission shall be subject to any obligation of confidence on the part of the Seller. The Seller shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgement or compensation to you.
4.7 The Seller shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
4.9 Neither the Seller nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
5 CHANGES TO WEBSITE
Heidi Sawyer reserves the right to:
5.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Heidi Sawyer shall not be liable to you for any such change or removal; and
5.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5.3 The Seller does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The Seller shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
6 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
The Seller shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, Rainmaker, WP Engine, New Kajabi, SagePay, Infusionsoft payment services, our software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The Seller reserves the right to determine, in its sole discretion, whether the Seller is responsible for any such malfunction or disruption.
7.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Heidi Sawyer or otherwise used by Heidi Sawyer as permitted by law.
7.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Any personal details that the Buyer provides, is kept private and secure. When the Buyer makes a purchase from Heidi Sawyer they provide their name, email address, delivery address and phone number. This information is used to process the order only, however if the Buyer elects to be added to the Heidi Sawyer mailing list, the email address will be used for this purpose and this purpose only. When the Buyer fills in their name, address, email address and telephone number in the feedback form, this information is purely used for geographical information for where the Buyer is located. However if the Buyer elects to be added to the Heidi Sawyer mailing list, the email address will be used for this purpose and this purpose only. The email address will not be distributed to any other person or third party Company without the Buyers strict permission. The Buyer reserves the right to ask for their details to be removed from the Heidi Sawyer records, by contacting Heidi Sawyer by email or phone.
9.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
9.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
9.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are as follows:
During the payment process the Buyer will be prompted for two addresses. The Buyer must enter the full address of the cardholder (this address is the one that appears on your credit card statements), and then optionally the delivery address if different. The cardholders address must match with the card issuer’s records or we regret that we cannot accept payment. This ensures that the credit card details may only be used by the Buyer.
10 PRICE AND PAYMENT
10.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price excludes delivery charges (unless otherwise stated).
10.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s order form/shopping cart prior to confirming the order.
10.3 After the order is received the Seller shall confirm by email the details and description of the Goods together with information on the right to cancel if the Buyer is a Consumer.
10.4 Payment of the Price inclusive of VAT and delivery charges must be made in full before dispatch of the Goods.
10.5 Special offers are not accumulative. Where more than one special offer applies to a given product or service only one offer can be applied. This will be taken to be the offer that applies the greatest discount.
11 RIGHTS OF SELLER
11.1 The Seller reserves the right to adjust the price and specification of any item on the Website at their discretion.
11.2 The Seller reserves the right to withdraw any goods from the Website at any time.
11.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
11.4 Recordings: Workshops/events may be recorded from time to time for the purposes of meeting the requirements specified by FAS, FETAC or our own business development, improvement and quality purposes.
11.5 Portions of the programme may be photographed, and /or recorded on video or audiotape. Your likeness may appear on photographs and/or your voice and/or image may appear on video/audio tapes, and as part of taking part in this programme you agree that no compensation will be paid to you for any use made of these photographs and audio/video recordings, and waive all rights that you may be entitled to over such images or recordings.
11.6 The Seller has the right to change the advertised programme or product or substitute a similar product without giving any notice.
11.7 The Seller reserves the right to cancel/stop any membership of any product or programme at their discretion. Any payments outstanding or any future payments due will never be attempted to be processed. A refund of the initial payment(s) shall be refunded at the discretion of The Seller
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
13.1 Goods supplied within the UK will normally be delivered within 14 working days (typically less than 7 day), upon receipt of payment.
13.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
13.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
13.4 Delivery of the Goods shall be made to the Buyer’s delivery address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
13.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
***14 CANCELLATION AND RETURN*** Out of date references***
14.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email or phone within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
14.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (excluding delivery costs) or a replacement will be sent as quickly as possible.
14.3 Heidi Sawyer will honour their no risk, 30 day money back guarantee; if the buyer is not delighted with the audio programs they can be returned within 30 days for a full refund as long as they are in re-sellable condition for the seller for example, no writing in the workbooks or scratches on the CDs.
14.4 Goods must be returned by the Buyer and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods within 10 days (typically 3 days) of receipt by returning the Goods, enclosing the return label and reason for return. However, if the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
14.5 Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
14.6 Workshop cancellations can be made up to 14 days prior to the scheduled event date and will incur a £20 administration fee. Cancellations made within 14 days of the event date will be credited towards future events, however no refunds will be issued. Substitutions will be accepted any time prior to the commencement of the event. All registered attendees will be notified via email and receive a full refund of their course fees in the event of a cancellation.
14.7 Deposit: When only the initial deposit has been paid, deposits are non-refundable but 100% transferable to an alternative event
14.8 Closed Group cancellations: Deposits are non-refundable but transferable to an alternative event, subject to the discretion of the seller. If paid in full the payment will be seen as being paid in two parts; deposit and balance. If the buyer has had their appointment with Heidi Sawyer and attended the first part of the group, it will be deemed that the buyer has received full value from their participation. Therefore any further refunds or cancellations shall be taken on a case by case basis, at the discretion of the seller.
14.9 A full refund will be issued for events cancelled by Heidi Sawyer, unless it is caused by a 3rd party.
14.10 The Seller may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the Seller’s refund policy. The Seller shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the Seller’s customer license agreement or otherwise, regardless of the reason for disruption.
15. CONDUCT OF ATTENDEES
15.1 We reserve the right at any time and without prior notice to refuse admission to or expel any Attendee who, in our reasonable opinion:
15.1.1 has breached or is likely to breach these Conditions and any Variation (as described in these Terms & Condition);
15.1.2 has or is likely to commit an offence or otherwise do anything which is unlawful; and/or
15.1.3 behaves or is likely to behave in an unacceptable or unruly manner or in a manner likely to cause offence to other Attendees.
15.2 All Attendees must follow the reasonable written and/or verbal instructions of staff all times.
15.3 We reserve the right to require any Attendee to leave the event, or to remove an Attendee from the event, without giving a reason.
15.4 any behaviour which may disrupt or impair the experience of other Attendees.
16 LIMITATION OF LIABILITY
16.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
16.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
16.3 In no event shall the Seller be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided here-under or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the Seller has been advised or is aware of the possibility of such damages.
16.4 You agree to indemnify and hold the Seller and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the site, (iv) your use of the site or any services that the Seller may provide via the site, and (v) your conduct in connection with the site or the services or with other users of the site or the services. The Seller reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall provide the Seller with such cooperation as is reasonably requested by the Seller.
17.1 Participants of courses provided by Heidi Sawyer do so at their own risk. These Personal Development courses are not suitable for those suffering from or suspected to be suffering from mental illness or personality disorders. Heidi Sawyer and any other associated companies or persons do not accept any responsibility for any loss, damage or personal injury.
17.2 Health Disclaimer: This Website provides information applications on weight management and other content published over the Internet and is intended only to assist users in their personal weight loss efforts. Heidi Sawyer is not a medical practitioner or makes any claims of such. The organisation, staff and all persons connected cannot give you any medical advice or diagnosis whatsoever. No information contained in this Website should be construed as such advice or diagnosis. All information and reports created by us should never at any time be interpreted as a substitute for doctor or specialist consultation, treatment or evaluation.
You are advised and strongly urged to seek medical advice before beginning any weight management or regime whether to be to gain weight or for weight loss or any other change in bodily function. The information and guidance on this Website is intended for use by healthy adult individuals and not intended for use by minors under 18 years of age, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight adjustment programme.
Any product, content or material obtained from Heidi Sawyer is done at your sole risk and you will be solely responsible by use of such product, content or material.
Heidi Sawyer nor any of her affiliates, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products or to their correctness, accuraracy, reliability or otherwise. It is entirely your responsibility to ascertain the product, information is suitable for your own personal use. The products, content and material offered by Heidi Sawyer or on this website are provided ‘as is’ and without warranties of any kind, either implied or expressed to be of the satisfactory quality and fitness for a particular purpose.
17.3 We do not advise people suffering from hearing disorders, such as tinnitus to listen to our meditations.
17.4 The Seller does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The Seller likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the Seller’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, the Seller cannot and does not warrant or make any representations or guarantees regarding your success or income level.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
19 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, shortage or unavailability of Goods, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
22 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
23 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts
Last Updated: June 26, 2017