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Terms and Conditions
I am so pleased you have decided to use my services or resources - please read the following important terms and conditions before you commit to using them.
This contract sets out:
- your legal rights and responsibilities;
- my legal rights and responsibilities; and
- certain key information required by law.
The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
In this contract:
- ‘I’, ‘me’ or ‘my’ means Confident Drivers Ltd; and
- ‘You’ or ‘your’ means the person buying or using my services and resources.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail at admin@confidentdrivers.co.uk .
BACKGROUND
I provide services for nervous and anxious drivers who are looking to build their confidence and learn stress management techniques. I also provide services for Accredited Driving Instructors and Potential Driving Instructors who want to expand their skillset to accommodate the needs of their nervous and anxious learner drivers.
I am a limited company with company number 10817265 and with its registered office at 38 Dove Tree Road, Leighton Buzzard, Beds, LU7 3UP.
1. Introduction
1.1 If you sign up for my courses or programmes (‘services’) you agree to be legally bound by this contract.
1.2 If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
1.3 When signing up for my services or using any resources you also agree to be legally bound by:
1.3.1 my website terms of use and privacy policy;
1.3.2 extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3 the specific terms which apply to my services, for example programme, course or service descriptions which may be set out on the webpage or sales page for that programme, course or service or in email correspondence between us. Where I use the terms ‘service description’ in this contract, it means these specific terms. If you want to see these specific terms, please visit the relevant webpage for the programme, course or service or where relevant look at the services description I have sent you in an email.
1.4 All these documents form part of this contract as though set out in full here.
2. Information I Give You
2.1 Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see clause 2.2 below). I shall give you this information in a clear and understandable way either in this contract or in the service description.
2.2 I shall give you information on:
2.2.1 the main characteristics of the services you are buying
2.2.2 who I am, where I am based and how you can contact me
2.2.3 the price of the services
2.2.4 the arrangements for payment, carrying out the services and the time by which I shall carry out the services
2.2.5 how to exercise your right to cancel the contract in the cooling off period if you are a consumer
2.2.6 my complaint handling policy
3. Carrying Out The Services
3.1 If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
3.2 I shall carry out the services within the time period which is set out in the relevant services description.
3.3 All training sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire.
3.4 You can rearrange any two training sessions during a training programme providing you give me at least 24 hours’ notice for online sessions, and 48 hours’ notice for face to face sessions. If you give me less than the required hours’ notice, fail to turn up for a session or have already rearranged 2 sessions in a training programme, you will be deemed to have taken the session and you will not be able to reschedule it or be entitled to any compensation for missing it.
3.5 All sessions take place remotely via the means of communication agreed with you in advance. There may be an additional charge for face to face meetings.
3.6 Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.
3.7 My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances, and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority.
3.8 Where a session or event is due to take place in person, I reserve the right to move that session online where circumstances make it necessary or preferable to do so.
4. Your Responsibilities
4.1 You will pay the price for the services in accordance with the services description.
4.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
4.3 You and I shall agree on a method of communicating with each other between sessions and adhere to that method.
4.4 Training is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our training sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the programme and the actions we agree on.
4.5 My role is to offer you guidance and accountability and help you make positive lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
4.6 Training does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement, you confirm that you will not use it in place of any form of counselling, therapy or medical treatment.
4.7 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a trainer and that this person is aware of and supports your decision to proceed with the training programme described in the relevant programme or services description.
4.8 You will keep me informed of any changes to your medical health or personal circumstances.
5. Charges and Payment
5.1 I am not VAT registered therefore VAT is not currently applicable to any prices quoted.
5.2 The price for the services is set out in the services description.
5.3 In order to provide the services, I require payment as specified in the services description. If you fail to make any of the payments on the due dates as set out in the service description, I reserve the right to invoice you immediately for the whole of any outstanding balance and payment for that invoice will be due by return. If you have a membership subscription, this will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription in accordance with clause 11.1 or the account or the membership is otherwise suspended or discontinued according to the terms of this agreement. You will receive reminders before your subscription renews: in the case of monthly renewals you will receive a reminder at least every six months; in the case of annual renewals you will receive at least two reminders prior to the renewal.
5.4 The fees are non-refundable except for:
5.4.1 if you are a consumer, your right to a ‘cooling off’ period, as described in clause 6 below;
5.4.2 where I cancel a programme (other than under clause 11.3 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
5.5 In all other circumstances I am not able to refund to you any of the payments you have made, and you remain liable for the whole price of the services even where you do not complete your sessions with me, as;
5.5.1 payment is for the programme as a whole, not individual sessions;
5.5.2 I care about my service level and so I admit a limited number of people, therefore you are liable to pay the full cost of the programme as I shall stop marketing the programme and not allow anyone else to join it once the places have been allocated; and
5.5.3 This policy is also a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This approach also helps you with your own accountability and commitment to improving your life through my training programme.
5.6 In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
5.7 Payment is via the payment button on my website or sales page or as agreed between us.
5.8 If any of your payments are not paid on the due dates, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above Mettle Bank plc's base rate.
6. Cooling Off Period For Consumers
6.1 Subject to the other provisions in this clause, if you are a consumer, you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
6.2 The cancellation period will expire 14 days after:
6.2.1 The commencement of the contract.
6.2.2 Where your subscription auto-renews for 12 months or more, your membership subscription renews;
6.2.3 The end of any trial period or introductory offer, where applicable.
6.3 However, if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6.4 will apply and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay my reasonable costs of services provided within that time. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time: booking a session with me for which the allocated date and time will then, also as a service, be reserved for you to the exclusion of all others; or accessing or downloading any digital resources I make available to you; or joining any private social media group associated with my services; or accessing any other supporting materials made available to you.
6.4 If you cancel this contract in accordance with the cooling off period in clause 6.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 6.3. for which you will have to pay my reasonable costs.
6.5 In accordance with clause 6.3, by accessing or downloading any digital products within the 14-day cooling off period, you give your consent to me to provide the content and you acknowledge that by doing so, you lose your right to cancel your purchase unless the content is faulty.
6.6 Subject to the other provisions in this clause, if you are a consumer, you have the right to cancel this contract within 14 days of an annual automatic renewal without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
7. Intellectual Property
7.1 If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
7.2 You cannot use and monetise my methods, processes or systems. To do so would be a material breach of your legal obligations to me under the terms of this contract, and subject to immediate termination under clause 11.3.1
7.3 For the avoidance of doubt, without my prior written authority, you are not permitted to;
7.3.1 deliver any training in my methods, processes or systems to a third-party individual or organisation;
7.3.2 provide details of my methods, processes or systems to, a third-party individual or organisation;
7.3.3 repurpose in whole or in part my methods, processes or systems to create and deliver your own services.
7.4 Should you become aware of any unauthorised access to the materials provided to you, or of any unauthorised use of my methods, processes or systems, you agree to notify me immediately by email.
7.5 From time to time I may record live group sessions. If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other conditions or need for further consent.
8. How I May Use Your Personal Information
8.1 I shall use the personal information you give to me to:
8.1.1 provide the services;
8.1.2 process your payment for the services; and
8.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
8.2 I shall not give your personal information to any third party unless you agree to it.
8.3 For full details of how I deal with your personal data, see my privacy policy here .
9. Confidential Information
9.1 All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others or to assist the prevention or detection of a crime.
9.2 Where you participate in any group sessions, for example as part of a group training programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
9.3 The obligations in clauses 9.1 and 9.2 will not apply to information which:
9.3.1 has ceased to be confidential through no fault of either party;
9.3.2 was already in the possession of the recipient before being disclosed by the other party; or
9.3.3 has been lawfully received from a third party who did not acquire it in confidence.
9.4 Your and my confidentiality obligations under this clause will continue after termination of this agreement.
9.5 You will not use any confidential information for profit or for your own benefit in any way.
10. Resolving Problems
10.1 In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
10.2 I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
10.3 If you are buying services from me 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. End of the Contract
11.1 If a services description specifies a length of time for services to be provided, then subject to clause 11.3 below, the services will terminate at the end of that timeframe.
11.2 If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.
11.3 Either you or I may terminate the services and this contract immediately if:
11.3.1 the other party commits any material breach of the terms of this contract and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
11.3.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
11.4 For the purposes of this clause, any breach by you of the rules governing your participation in my Facebook Group or any other Group hosted by me on another social media platform, constitutes a material breach of this contract which is not capable of being resolved.
11.5 If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received. This sub-clause does not apply to any situation where I terminate this contract in accordance with clause 11.3, in which case no refund will be payable.
11.6 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
12. Termination of your membership
12.1 Your right to cancel. You may cancel your membership at any time. After you cancel, you will continue to have access to all the resources until the end of the billing cycle.
12.2 Your membership fees are recurring and your membership must be cancelled prior to the renewal date in order to avoid additional membership charges. If you have signed up to a subscription where you pay for several months in advance, that subscription is also recurring and will renew automatically on the expiry date. It is your responsibility to notify me if you wish to terminate your membership before the expiry date. The renewal of your membership is subject to your right to a cooling-off period as specified in clause 7.
12.3 You cancel your membership by going to your profile area, clicking My Account, then clicking Billing to amend your subscription on our website. Alternatively, you can contact us at admin@confidentdrivers.co.uk requesting us to amend your subscription on your behalf.
13. Limit On My Responsibility To You
13.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
13.1.1 losses that:
(a) were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry; or
(b) that were not caused by any breach of these terms on my part.
13.1.2 business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.
13.2 My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability.
14. Disputes
14.1 I shall try to resolve any disputes with you quickly and efficiently.
14.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
14.3 The laws of England and Wales will apply to this contract.
14.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
15. Our use of AI
15.1 We use Artificial Intelligence (AI) responsibly in our business, and in the interests of transparency, we draw your attention to the following:
15.1.1 Aspects of the services may be supported using AI systems, including tools for data analysis, idea generation and market research, content generation, image production, or customer support and interaction. We remain responsible for the overall performance of the services and for the legality and appropriateness of any aspect of our services that involves AI, (unless we clearly state otherwise).
15.1.2 AI-generated content or outputs may be subject to factual inaccuracies, bias, or limitations. While we implement human review of AI outputs (unless we clearly state otherwise) it is not possible to guarantee the accuracy or reliability of outputs generated by AI systems and you agree to review and verify any important information we provide.
15.1.2.1. Links to Drive Calm Custom GPTs, are an AI-generated service, and you are reminded that it is in the nature of these types of services to contain errors. It is your responsibility to check the output of this part of my services for accuracy and appropriateness and we do not accept any liability for errors in this element of my services, or any losses suffered by you in using it.
15.1.3 Intellectual Property Rights in AI-Generated Content. Certain outputs generated through the services may be created using AI technologies. To the extent such outputs include sufficient human authorship by us, they shall be owned by us. We retain all rights in proprietary tools, prompts, and frameworks used in connection with AI content generation.
15.1.4 Client data and AI use and protection. We shall only submit personally identifiable client data into public AI platforms to the extent that such submission complies with GDPR and any other applicable legislation. We shall implement appropriate safeguards and comply with applicable data protection laws whenever we use AI.
15.1.5 Unless clearly stated otherwise, all final deliverables provided to you are reviewed or approved by a human prior to delivery, regardless of whether AI systems were involved in generating preliminary outputs.
15.1.6 We reserve the right to modify, upgrade, or replace any technology, including AI tools, used in the delivery of the Services, provided such changes do not materially reduce the quality or scope of the Services.
16. Entire Agreement
16.1 These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
17. Third-Party Rights
17.1 No one other than a party to this contract has any right to enforce any term of this contract.