1. These terms
1.1 These are the terms and conditions on which we supply products to you, whether these are services or digital content.
1.2 Please read these terms carefully before you book with us or submit an order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Raw Horizons is the trading name of Pivotal Wellbeing Ltd a company registered in England with the company number 05085719. You can contact us at support@rawhorizons.com or by calling +44 333 050 6987.
2.2 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the booking. This might be because a course is full, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.
4. Virtual classroom courses
4.1 We offer virtual classroom courses which are provided via online video conferencing platforms such as Zoom or similar equivalent.
4.2 If you are booking our virtual classroom course, you are responsible for ensuring that you have the necessary equipment to allow you to partake in the course. We are not responsible for any technical issues you may encounter with your internet connection or device.
4.3 You are prohibited from recording online video conferencing sessions at all times.
5. Other online courses
5.1 Courses booked will be available to view/download for a period of 730 days (approximately 2 years) after we confirm receipt of your order and can be accessed immediately thereafter (unless stated otherwise within the description on the website).
5.2 You must not allow any third party to use your account information to access the digital content or course that you have booked.
5.3 You may only print off any course materials for your own personal use. You must not provide, offer to sell, license or transfer the course materials (whether in whole or in part in any manner or form or in or on any media) to any other person unless we have agreed to this in writing.
5.4 You hereby agree and accept that once you have downloaded or begun to download any digital product from our website that you waive any and all rights to any refund that you may otherwise have been entitled to under clauses 11 and 15 in the event that you then decide to cancel the contract between us.
5.5 You are solely responsible for securing and backing up your content.
6. Our materials copyright and intellectual property
6.1 For the purpose of this clause 6, Intellectual Property Rights means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case: (a) whether registered or not, (b) including any applications to protect or register such rights, (c) including all renewals and extensions of such rights or applications, (d) whether vested, contingent or future, and (e) wherever existing.
6.2 Without limiting the rights under copyright reserved above, no part of this website may be reproduced, stored in or interdicted into a retrieval system, or transmitted, in any for, or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of the copyright owner of this website.
6.3 On receipt of payment for the product, we grant you a non-exclusive, non-transferable licence to use our Intellectual Property Rights in any and all materials provided to you for your own personal use only.
6.4 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.5 We may take photographs, screenshots and/or video at any of our courses. By accepting these terms and conditions you consent to your inclusion in any images and videos taken by us for advertising and promotional purposes and that ownership of any such images and videos belongs to Raw Horizons. If you do not wish to be included in any images or videos please let us know by contacting us at support@rawhorizons.com.
7. Payment Policy
7.1 The price of the product (which includes VAT if applicable) will be the price indicated on the order pages when you placed your order.
7.2 A non-refundable deposit is required at the time of placing an order.
7.3 The amount of non-refundable deposit payable will be listed at the checkout.
7.4 The balance due is payable no less than three weeks prior to the start date of the product. In the event that the balance is not paid within three weeks of the start date your place will be forfeited.
7.5 If the product is booked with less than four weeks remaining prior to the start date we will require the full amount to be paid at the time of booking.
8. Your rights to make changes
8.1 If you wish to make a change to the booking please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
9. Our rights to make changes
9.1 We may change the booking:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services; and
(c) to make a slight change to any timings.
9.2 In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund:
(a) change of venue;
(b) change of dates
9.3 We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
9.4 We shall provide such instructors as we in our sole discretion deem fit and we shall be entitled at any time to substitute any instructor with any other person who in our sole discretion we deem suitably qualified.
10. Your rights to end the contract
10.1 Your rights when you end the contract will depend on your reason for ending the contract:
(a) If the course is misdescribed you may have a legal right to end the contract, in this case, please contact us;
(b) If you want to end the contract because of something we have done or have told you we are going to do, please see clause 10.3;
(c) If you have just changed your mind about the product, see clause 10.5. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.4.
10.2 For the situations described in clause 10.1(b), 10.1(c) and 10.1(d) please see our refund policy at clause 15.
10.3 If you are ending a contract for a reason set out at 10.3(a) and 10.3(b) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to; or
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed.
10.4 You do not have a right to change your mind in respect of courses once the start date has passed, even if you are within the 14-day cooling off period.
10.5 You have a 14-day cooling-off period after the day we email you to confirm we accept your order. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.6 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know.
11. How to end the contract with us (including if you have changed your mind)
11.1 To end the contract with us, please let us know by phone or email. Call customer services on at +44 333 050 6987 or write to us at support@rawhorizons.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 If you are eligible for a refund (please see clause 15), we will make this payment using the payment method you originally paid with within 28 days.
12. Our rights to end the contract
12.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; and
(c) you are not over 18.
12.2 If we end the contract in the situations set out in clause 13.1 we will keep the deposit paid in accordance with clause 8.
13. Cancellations
13.1 If a virtual classroom course is cancelled you may be able to transfer your booking to another course or receive a full refund of all monies subject to clause 15 unless the cancellation has occurred due to factors beyond our control.
14. Rescheduling Policy
14.1 If you decide to reschedule, it will be treated as a cancellation on your part and the terms of clause 15 shall apply.
15. Refund Policy
15.1 Health + Wellbeing Coach Training Course – 5 Day Live Format
15.1 (a) In all circumstances the deposit paid on booking is non-refundable.
15.1 (b) If you decide to cancel the booking after paying the deposit, this deposit can be transferred to another product or another person (to be used within a 12 month period of the original product booking) but cannot be refunded. A rescheduling fee of £50 will apply. We reserve the right to change this fee from time to time.
15.1 (c) If you have made full payment, cancellations made four or more weeks before the start date will be refunded the remaining balance.
15.1 (d) If you cancel less than four weeks before the start date, no refund will be given.
15.2 Coach Training Courses – Self Study Format
15.2 By signing up for, paying for and downloading our self study training courses you hereby confirm that you will lose your 14 day right to cancel.
16. If there is a problem
16.1 If you have any questions or complaints about the product, please contact us. You can write to us at support@rawhorizons.com.
16.2 We are under a legal duty to supply services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 3454 04 05 06.
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
b) If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
c) If you have not agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
17. Our responsibility for loss or damage suffered by you
17.1 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:
(a) losses that:
(i) were not foreseeable to you and us when the contract was formed;
(ii) were not caused by any breach on our part;
(b) business losses; and
(c) losses to non-consumers.
17.2 We are not liable to any damage to your personal property, any personal property used on the course is your responsibility.
18. Indemnity and insurance
18.1 You shall indemnify, and keep indemnified, us from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with a breach of any of your obligations under this contract.
18.2 Where relevant, you shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under this contract.
19. Disclaimers
19.1 The website and the materials located on or through the website are provided by us for informational and educational purposes only, with the understanding that we are by the provision of these materials not engaged in rendering legal, financial, or other professional advice or service. We make no representation or warranty, and disclaim any and all responsibility or liability, for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information, materials, software, products, and services included in or available on or through the website for any purpose.
19.2 The information and materials on this website and any communications sent to you via this website or otherwise from us (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information.
19.3 Any reliance on the information or material on this website is at your own risk. advice received via the site should not be relied upon for personal, professional, career, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.
19.4 Our Wellbeing Coaching does not diagnose, prescribe, treat, or cure any disease or condition either physical or mental. Our Wellbeing Coaching should not be construed as a prescription, a promise of benefits, claims of cures, or a guarantee of results to be achieved. Our Wellbeing Coaching programmes are provided for informational, educational, and self-empowerment purposes.
19.5 We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the website or the use thereof.
19.6 To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.
19.7 To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.
19.8 You understand and agree that any material downloaded or otherwise obtained through the use of the website is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.
19.9 Individual results may vary, and testimonials are not claimed to be representative. All testimonials are by real people and may not reflect the typical student’s experience. They are not intended to represent or guarantee that you will achieve the same or similar results. Every person has unique experiences and applies the information in a different way. Thus, the experiences that we share from other people may not reflect the typical student’s experience or guarantee that you will achieve the same or similar results.
20. How we may use your personal information
20.1 We will only use your personal information as set out in our Privacy Policy.
21. Disputes
21.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:
(a) the products;
(b) our service to you generally; or
(c) any other matter,
please contact us as soon as possible.
21.2 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) give you certain information required by law about our alternative dispute resolution provider.
22. Other important terms
22.1 We may transfer our rights and obligations under these terms to another organisation.
22.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
22.5 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
22.6 These terms are governed by the laws of England and Wales and you agree that any dispute or disputes arising from them shall be litigated only in England and Wales.
22.7 Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider. However, as we are not members of an ADR, we shall, at our sole discretion, have the right as to whether to accept or reject your nominated ADR.
22.8 We expect you to take reasonable care to verify that the product you book will meet your needs. We do not make any commitment that you will obtain any particular result from your booking or that you will obtain any particular qualification.
22.9 Any information, instruction or advice given is not intended to be a substitute for professional medical or psychological diagnosis and care. You should not discontinue or modify any medication and/or treatment presently being taken pursuant to medical advice without obtaining approval from your healthcare professional.
22.10 Please refer to Appendix 1 for details of our Website Terms of Use.
Appendix 1 – Website Terms of Use
We are not responsible for websites we link to
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
User-generated content Is not approved by us
This website may include information and materials uploaded by other users of the website, including member profiles, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us.
Uploading content to our website
Whenever you make use of a feature that allows you to upload content to our website or to make contact with other users of our website, you must comply with the content standards set out in these terms of use.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in these terms of use.
Rights you are giving us to use material you upload
When you upload or post content to our website, you grant us full rights to use, re-post and deal with all such content provided we deal with it in a fair and reasonable way.
Rules about linking to our website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our website in any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms of use.
Interactive services
We may from time to time provide interactive services on our website, including, without limitation chat rooms and bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services is not permitted for minors. All users of our website must be over the age of 18.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our website (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person, contain any material which is obscene, offensive, hateful or inflammatory, promote sexually explicit material or violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age nor infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from Raw Horizons Ltd if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our website. When a breach of these terms of use has occurred we may take such action as we deem appropriate.
Failure to comply with these terms of use constitutes a material breach of the terms of use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our website.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited and we may take any other action we reasonably deem appropriate.
Changes
We may revise these Website Terms of Use at any time. You should check these terms from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these Website Terms of Use may also be superseded by provisions or notices published elsewhere on our website.
