Website Terms and Conditions
Our Terms and Conditions were last updated on 4 November 2024.
Please read the following terms and conditions carefully before using Our Website.
Definitions
For the purposes of these Terms and Conditions:
Coaching Services means any coaching services provided by Bex Howells at Catalytic Coaching Ltd.
Company means Catalytic Coaching Ltd, referred to as “We,” “Us,” or “Our” in this Agreement.
Content refers to any text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You or to You, regardless of the form of that content.
Device means any device that can access the Website such as a computer, cellphone, or digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance, or features of our Website.
Orders means a request by You to purchase Coaching Services from Us.
Website refers to www.bexhowells.com.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Catalytic Coaching Ltd regarding the use of the Website.
You or Your means the individual accessing or using the Website, or Catalytic Coaching Services, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and Catalytic Coaching Ltd. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of Catalytic Coaching Ltd. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
Content Restrictions
Catalytic Coaching Ltd is not responsible for the content of the Website's users. You expressly understand and agree that You are solely responsible for the Content you share via www.bexhowells.com or with Catalytic Coaching Ltd.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
· Unlawful or promoting unlawful activity.
· Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
· Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
· Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
· Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
· Impersonating any person or entity including the Company and its employees or representatives.
· Violating the privacy of any third person.
· False information and features.
Catalytic Coaching Ltd reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Catalytic Coaching Ltd further reserves the right to make formatting and edits and change the manner of any Content. Catalytic Coaching Ltd can also limit or revoke the use of the Website if You post such objectionable Content. As Catalytic Coaching Ltd cannot control all content posted by users and/or third parties on the Website, you agree to use the Website at your own risk. You understand that by using the Website You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Catalytic Coaching Ltd be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit Your notice in writing to the attention of Bex Howells at coaching@bexhowells.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing Your copyright.
Placing Orders for Coaching Services
By placing an Order for Coaching Services through the Website or Thrive Cart, You warrant that You are legally capable of entering into binding contracts. You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Coaching Services Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
· Availability of Coaching Services
· Errors in the description or prices for Coaching Services
· Errors in your Order.
We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.
Your Order Cancellation Rights
Purchases of Coaching Services are non-refundable.
Availability, Errors, and Inaccuracies
We frequently update Our Coaching Services. The Coaching Services available on Our Website may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information regarding our Coaching Services and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
Catalytic Coaching Ltd reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by Catalytic Coaching Ltd subsequent to accepting an Order in the event of any occurrence of higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
Payments are made through Thrive Cart. Payment can be made through various payment methods available, such as Visa, MasterCard, Affinity Card, or American Express cards.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Promotions
Any Promotions made available through the Website may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Website and its original Content, features, and functionality are and will remain the exclusive property of Catalytic Coaching Ltd. The Content of the Website is available for you to use for personal use only. None of the Website Content may be reproduced or utilised for any other reason without prior written permission. Contact: coaching@bexhowells.com for further information.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide Catalytic Coaching Ltd. If for any reason such assignment is ineffective, You agree to grant Catalytic Coaching Ltd a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by Catalytic Coaching Ltd.
Catalytic Coaching Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Catalytic Coaching Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Catalytic Coaching Ltd and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or no compensation if You haven't purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall Catalytic Coaching Ltd or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if Catalytic Coaching Ltd or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Catalytic Coaching Ltd, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Catalytic Coaching Ltd provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any specific or intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Catalytic Coaching Ltd nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Catalytic Coaching Ltd are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of New Zealand shall govern these Terms and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.
If you have any questions about these Terms and Conditions, You can contact us via email at: coaching@bexhowells.com.