Terms of Service
This website is operated by Becoming You. Throughout the site, the terms “we”, “us” and “our” refer to Becoming You. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not use or access the Website. The prices and availability of the goods, services and promotions advertised on the Website are all subject to change and availability. This website is for use by people who are 18 years and over only.
Any new features or tools which are added to the current shop shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. These terms and conditions do not in any way affect your Statutory Rights.
Our shop is hosted on Siteground and developed with WooCommerce and Elementor on WordPress. They provide us with the online e-commerce platform that allows us to sell our services to you.
1.DEFINITIONS
1.1 ‘BY’ means Becoming You of The Loft, Aghafore, Timoleague, Bandon, Co. Cork. A company registered in the Republic of Ireland.
1.2 ‘Applicant’ means an individual or company who wishes to enrol on a BY offering.
1.3 ‘Participant’ and ‘delegate’ are used interchangeably and mean an individual or company who has submitted an application or booking whose payment has been received (where relevant) and who has been accepted.
1.4 ‘Retreat’, ‘Course’, ‘Programme’, and ‘Workshop’ are used interchangeably and mean the offering for which a single fee is charged and to which an applicant commits.
1.5 ‘Start date’ means the calendar day of the first day of the offering.
1.8 ‘Commencement Date’ means the calendar day when the contract between BY and the applicant is agreed (in writing).
1.9 ‘Bundle’ means a set of 1-1 sessions which are booked together in a group of 6 or more.
2. BASIS OF AGREEMENT
2.1 These terms apply to anything offered by BY. Such offerings may include, but are not restricted to:
i. Online or In Person 1:1 Coaching, Counselling, Retreat
ii. Online Group Programme
iii. In Person Group Retreat
iv. Online or In Person Workshop
v. Online Course
2.2 Any booking made by using a BY web form, which you seek to place with BY through BY’s website or otherwise constitutes an offer by you to purchase an offering subject to these terms and conditions to the exclusion of all other terms and conditions.
2.3 Your booking shall only be deemed to be accepted by BY when BY notifies you in writing, usually by email, that your application is approved on which date (the Commencement Date) a contract between you and BY shall come into existence based on these terms and conditions and any additional terms set out in BY’s notification of approval (the Contract).
2.4 The Contract constitutes the entire agreement between you (the participant) and BY. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of BY which is not set out in the Contract.
2.5 Any work examples or presentations, descriptive matter or advertising issued by BY and any illustrations or descriptions of the offerings contained in our catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the offering described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.
3. SUPPLY OF SERVICES
3.1 We shall have the right to make any changes to the offering which are necessary to comply with any applicable law or safety requirement which do not adversely affect the nature or quality of the offering, or which we consider desirable or appropriate in connection with the offering.
4. CHARGES AND PAYMENT
4.1 The fees (the Charges) shall be as described at the Commencement Date.
4.2 Fees are correct at the time of publishing. However, BY reserves the right to adjust these prices in order to meet their true cost.
4.3 Payment in full of fees shall be received by BY in cleared funds no later than 6 weeks before the date of commencement, except for late applicants. Our standard payment terms are to invoice you for a non-refundable deposit payment. The remainder is payable no later than 6 weeks prior to the start date. An invoice and reminder will be sent.
4.4 Should the fees not have been paid in accordance with the Contract you will not be permitted to commence.
4.5 It is the responsibility of the applicant to confirm his/her place by making payment.
4.6 Payment of residential costs and meals (not stipulated as included) are in addition to the fees and your responsibility to arrange and pay for them.
4.7 Interest will be charged at the rate of 10% for late payment.
4.8 To qualify for Early Bird pricing incentives and other marketing incentives, payment in full must be received by the specified Early Bird or incentive date. The full published price will become payable if payment is not received by this specified date.
4.9 The full price as detailed on the invoice is payable in order to secure a place. Due account should be taken when making payment to ensure that any bank transfer charges are added to the payment and enough local currency should be made available to ensure the full sterling amount is received by the BY when calculating the exchange rate at the date of transfer.
4.10 Subject to clause 6, Charges are non-refundable.
4.11 Where a programme is terminated part way through, we will not refund any programme fees.
5. TRANSFERS
5.1 Transfers to later programmes are at the discretion of BY
5.2 Should the Participant wish to transfer to a later Programme, BY has a policy to apply charges depending on the length of notification given in writing.
5.3 Written notification is required, by email.
5.4 The transfer option only applies to Participants who are transferring to a different date for the same type of Programme and is subject to the same type of programme being available.
5.5 Participants must specify their choice of transfer date at the time of transfer.
5.6 The option to transfer can only be used once, after which non-attendance will be treated as a cancellation and all payments will be due.
5.7 If a Participant uses the transfer option, the original Programme invoice and the transfer invoice remain due, if the transfer reservation is subsequently cancelled the standard BY cancellation penalties will apply.
5.8 Participants may not transfer to a module on a later programme. Attendance at each scheduled Module for the Programme booked is required. Exceptions will be handled on an individual basis, be subject to availability, carry an additional charge to cover the administrative costs incurred and are at the sole discretion of BY.
5.9 Programme transfer requests received:
5.9.1 more than 40 days in advance of the start of the programme — no charge
5.9.2 15 to 40 days in advance of the start of the programme– 25% transfer charge of full programme fee
5.9.3 less than 15 days in advance of the start of the programme — 50% transfer charge of full programme fee.
6. CANCELLATIONS, TRANSFERS & REFUNDS
6.1 A participant may cancel the Agreement by giving notice in writing via email at any time:
– BY will refund 100% of the fees minus the deposit up to 8 weeks before the Commencement Date at no cost.
– 6-8 weeks before commencement we will refund 50% of the fees minus the deposit.
– Notice of cancellation given less than 6 weeks before the start will not be refunded.
It is the participant’s responsibility to ensure and confirm that any notice of cancellation has been received by BY and that you have received an acknowledgement of receipt from BY.
6.2 In the event of a participant being unable to attend on the dates originally booked BY will use reasonable endeavours to accommodate requests for transfers to alternative dates but shall be under no obligation to grant such requests, except in circumstances of illness or family bereavement. If it is not possible to arrange for you to attend an alternative date any deposit or fees paid will be retained by BY.
6.3 Depending on the circumstances, BY may agree to switch a Participant who is booked onto a Programme or Workshop with another Participant from the same organisation or company. A fee of 10% of the total cost of the Programme or Workshop will be charged to make the changes.
6.4 If a Participant is unhappy with the and feels that something does not meet the description given on the BY website, the Participant must notify the facilitator by the end of the first day. The reasons for dissatisfaction will be noted and if the reasons are deemed reasonable by BY, a full refund will be given for the total amount paid for the course, minus the deposit and an administration fee (see clause 4.14).
6.5 BY reserves the right to cancel Workshops, Programmes or Retreats as necessary. If a Workshop, Programme or Retreat must be cancelled, BY will make every reasonable effort to reschedule to an alternative date and will automatically move confirmed bookings to the alternative date. BY will provide the Applicant with as much notice as is possible given the circumstances for the date change. Notice will be given in writing via email.
6.6 If a Participant is unable to attend the alternative date, BY will provide a full refund for the amount paid for the Programme, Workshop or Retreat. Subject to an administration fee – see clause 4.14.
6.8 BY reserves the right to cancel Programmes, Workshops or Retreats, revise dates, times and fees or substitute facilitators or attending faculty as necessary.
6.9 If BY changes the venue of a Programme, Workshop or Retreat, even at short notice, BY will not reimburse travel or accommodation costs associated with changes.
7. SICKNESS AND ILL HEALTH
7.1 If the performance of any of BY’s obligations under the Contract is prevented or delayed due to sickness or ill health, or the sickness or ill health of any of BY employees, agents or subcontractors we shall inform you as soon as is reasonably practicable and such sickness or ill health shall constitute a Force Majeure Event for the purposes of clause 11.1.
8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
8.1 BY have spent considerable time and money in the development of our systems and processes and all the information which we, our employees, agents or subcontractors provide in relation to our work and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions (the Materials). You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of course materials and shall restrict disclosure of any confidential information to such of your employees, agents or subcontractors as need to know it for the purpose of performance of the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind you.
8.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by BY and nothing in the Contract shall grant you any Intellectual Property Rights.
8.3 For the purposes of this clause 8, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
8.4 This clause 8 shall survive termination of the Contract.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by the Sale of Goods and Supply of Services Act 1980
9.2 Subject to clause 9.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Contract.
9.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.4 This clause 9 shall survive termination of the Contract.
10. TERMINATION
10.1 Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.
11. GENERAL
11.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents BY from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
11.2 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
11.3 No failure or delay by BY in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
11.4 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
11.5 Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by BY.
11.6 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Irish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
11.7 Your (continued) engagement with BY, having received these terms, will be conclusive evidence of your unequivocal acceptance of these terms.
12. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts. We do not warrant that materials/items for sale on the website are appropriate or available for use outside Ireland. If you access this website from locations outside of Ireland, you do so at your own risk, and you are responsible for compliance with local laws.
13. SITE ACCESS
Becoming You grants you a limited license to access and make personal use of this website, but not to download or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of your Services.
14. ACCURACY OF INFORMATION
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
15. MODIFICATIONS
Certain products or services may be available exclusively online through the website. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Please review our returns policy for further information.
16. ERRORS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. ACCURACY OF BILLING INFORMATION
We respect your privacy and only hold information required to process your orders. The information we ask of you through the checkout process is the minimum required to process your order. We do not hold or store any payment information details, including credit card numbers or bank details. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
18. CUSTOMS
When ordering goods from our website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from our website, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
19. SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
20. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.
21. LAW
These Terms of Use shall be governed by and construed in accordance with the law of Ireland and you hereby submit to the exclusive jurisdiction of the courts of Ireland. This will not prevent Becoming You from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.
22. CONTACT US
Questions about the Terms of Service should be sent to john@becomingyou.ie