Terms & Conditions of Sale

Last updated on 12 May 2021

TABLE OF CONTENTS

1. General
2. Disclaimers & Our Obligations
3. Liability
4. Online Sales
5. Delivery of Digital Products
6. Payments
7. Term and Termination
8. Purchase & Delivery of Physical Goods
9. Intellectual Property
10. Returns & Refunds
-10.1 Digital Products (Products)
-10.2 Physical products (Goods)
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1. General

1.1 These terms and conditions (“Terms”) apply to the coaching courses, programmes and other products (the “Products”) sold by Soul Searchers Limited, trading as The Upbeat Network, and operated by Anna Lycett (“we”, “our”, “us”). By purchasing our Products, you agree to the following Terms and Conditions of Sale, and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere on this website or as implied by law, trade custom, practice or course of dealing.

1.2 The agreement between us and you, the person or entity registering to be a participant in the Products (“you”, “your”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Products and shall continue until terminated in accordance with these Terms.

1.3 By registering for our Products you warrant that:

1.3.1 You are legally capable of entering into binding contracts; and

1.3.2 You are at least 18 years old; and

1.3.3 That all information you provide us with is materially true and accurate at all times and not misleading in any way.

1.4 You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

1.5 We may vary these Terms (other than the price payable by you for the Products) from time to time and if we do, we shall notify you of the change of terms via email. Your continuation with the Products will be deemed to be your acceptance of any new Terms.

1.6 The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.

1.7 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract without providing prior notice to you.

1.8 If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.

1.9 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

1.10 A person who is not a party to the Contract shall not have any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

1.11 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.

1.12 The 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 English law.

1.13 We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

1.14 Wherever the context shall require, all words herein in the one gender shall be deemed to include the other genders, whether masculine, feminine or neuter; all singular words shall include the plural, and all plural shall include the singular.

2. Disclaimers & Our Obligations

2.1 In the spirit of good practice, when you are purchasing coaching services from us, we ask you to confirm that you have read and agreed to each statement below and that you wish to proceed.

2.2 All coaching services and communications, email or otherwise, delivered by us, as well as information on this website (theupbeatnetwork.com) are meant to help you identify the areas in your life and in your thinking that may be preventing you from experiencing greater well-being and moving forward. Coaching is not a substitute for professional mental health care or medical care. Coaching is meant to be done when major emotional and psychological wounds are already healing or healed but you require further life guidance and general, non-medical lifestyle coaching.

2.3 We warrant to you that the Products and Goods purchased from us are of satisfactory quality and reasonably fit for the purpose for which the Products and Goods are supplied.

2.4 Other than as set out in paragraph 2.3 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.

2.5 Please only proceed to purchase any Products from us if you agree with the following:

2.5.1 You understand that the coaching services you will be receiving from The Upbeat Network are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that The Upbeat Network, Soul Searchers Limited and Anna Lycett are not acting as a mental health counsellor or a medical professional.

2.5.2 For legal purposes, you understand that coaching is currently an unregulated industry and that Anna Lycett or The Upbeat Network are not licenced by any UK body even though the sessions, programmes, courses or other products may take place in the UK.

2.5.3 You understand and agree that you are fully responsible for your well-being during your coaching sessions and participation in any Products, and subsequently, including your choices and decisions.

2.5.4 You understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.

2.5.5 You understand that all comments and ideas offered by us are solely for the purpose of aiding you in achieving the defined goals you create for yourself as a result of your interaction with our Products. You have the ability to give your informed consent, and hereby give such consent to us to assist you in achieving such goals and understand that results are not guaranteed.

2.5.6 You understand that to the extent our work together involves career or business, we do not promise or guarantee any specific outcomes or results.

2.5.7 You understand that we will protect your information as confidential unless you state otherwise in writing. If you report illegal abuse or neglect, or threaten to harm yourself or someone else, you understand that necessary actions will be taken and your confidentiality agreement limited in this capacity. Furthermore, if we are ordered by a court to provide information or to testify, we will do so to the extent required by the law.

2.5.8 You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, Skype, Zoom and other technology that may be used to interact with our Products.

2.5.9 You hereby release, waive, acquit and forever discharge us and/or any of our agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by us as a result of the advice given by us or otherwise resulting from the coaching relationship contemplated by this agreement.

2.5.10 You further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assigns and agents.

3. Liability

3.1 Nothing in this paragraph 3 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

3.2 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Products.

3.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Products.

3.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

3.5 We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Products, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors, leaders or coaches.

3.6 The provisions of this paragraph 3 shall survive termination of the Contract.

3.7 You acknowledge and agree that:

3.7.1 The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Products (which shall be deemed to have been terminated by mutual consent);

3.7.2 in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Products other than as expressly set out in the Contract.

4. Online Sales

4.1 For all online sales, the order process will be as follows:

4.1.1 Add the Product to the cart and proceed to the checkout and make the payment as directed;

4.1.2 If you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment; once payment is made, you will be re-directed back to our site; otherwise you will make payment by Stripe or another payment operating third party as directed on screen.

4.1.3 We will send you an email acknowledging your order and confirming whether we have accepted your order.

4.1.4 If you make an error in your order at any stage, you can contact us at hello@theupbeatnetwork.com with your corrections.

4.2 If you are purchasing online, you should save a copy of these Terms for your records as we will not be filing a copy and we may change these Terms without prior notice.

4.3 These Terms should be read in conjunction with our Terms & Conditions of Use, including the Acceptable Use Policy, and our Disclaimer.

4.4 Any content posted or submitted by you to our site when interacting with our Products is subject to our Terms & Conditions of Use and the Acceptable Use Policy contained within it.

4.5 Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.

5. Delivery of Digital Products

5.1 Our Products will be provided over the course of time specified on the sales page and shall be delivered by a combination of online sessions, telephone sessions, one-on-one in person sessions or as a downloadable product, as detailed on the site at the time of purchase.

5.2 If any sessions are available only at a specific date and time rather than on demand, this will be as set out on the site but subject to change. We will provide you with as much notice as possible of any changes but we shall not be liable to you in any way for any such changes. Please check the site regularly for relevant updates.

6. Payments

6.1 The total price payable for the Products is as set out in the email correspondence sent to you, on the invoice sent via email to you or on the sales page relevant to the particular Products on the website theupbeatnetwork.com.

6.2 You may choose to pay by instalments as part of a payment plan or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as stipulated before checkout or as set out on the invoice sent by us to you electronically via email.

6.3 If you choose to pay in instalments, each payment is due in equal sums every calendar month (30 days) until the total price payable has been paid, or unless otherwise agreed in writing between you and us. Such invoices are due for payment immediately upon receipt.

6.4 Payments for rolling memberships are due in equal sums every calendar month (30 days) and unless cancelled by you in the members’ area, you are liable to settle each invoice by any payment method accepted by us.

6.5 Payment is to be made by any method accepted by us and as detailed on our website theupbeatnetwork.com.

6.6 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 14 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the Bank of England base rate from time to time in force and/or (ii) suspend the availability of the Products until such time as payment is made or the Contract is terminated.

6.7 The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.

6.8 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Products where required.

6.9 Cancelling your payment plan without notification will render your payment plan void and you will be required to pay any remaining amount in full.

6.10 For more information on refunds and cancellations, see paragraph 10 Returns & Refunds.

7. Term and Termination

7.1 The Contract shall continue until the end of the Products when the Contract shall expire other than for the Terms that are specifically stated to remain in force past termination or expiration.

7.2 Notwithstanding the provisions of paragraph 7.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

7.2.1 The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

7.2.2 The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

7.2.3 The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

7.3 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

7.4 Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

7.5 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

7.6 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.

7.7 This paragraph 7 shall survive termination of the Contract.

8. Purchase & Delivery of Physical Goods

8.1 Where we are providing goods or physical products (“Goods”) as part of a Product or otherwise, the following terms and conditions of this paragraph 8 shall apply.

8.2 Any photographs of the Goods on our site are for illustration purposes only.

8.3 The delivery charges for the Goods are as set out on our site from time to time.

8.4 Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.

8.5 Delivery will be completed when we deliver the Goods to the address you gave us when you placed the order and the Goods will be your responsibility from the completion of delivery.

8.6 If no one is available at your address to take delivery at the time of attempted delivery (or deliveries, as set out in our email to you), we will leave you a note that the Goods have been returned to our premises. Please contact us to rearrange delivery at hello@theupbeatnetwork.com. Return delivery will be at your expense.

9. Intellectual Property

9.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Products and all content within the Products and Goods, and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Products or the content of our Products to you or to any other person.

9.2 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Products.

9.3 We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use all or any of the content of the Products for the purposes for which the Products were provided only.

9.4 Except as set out in paragraph 9.3, you may not use any of our intellectual property rights at any time except where duly licenced. The use of our logo is strictly prohibited without our prior written consent.

9.5 You may not without our prior written consent make any audio or visual recordings of any part of our Products.

9.6 We may from time to time record the Products being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.

9.7 You are not permitted to sell or promote products or services to other participants in the Products at or during any part of our Products without our prior written permission.

9.8 The provisions of this paragraph 9 shall survive termination of the Contract.

10. Returns & Refunds

10.1 Digital Products (Products)

10.1.1 Faulty digital products

10.1.1.1 By English law applicable here, digital products must be:

10.1.1.1.1 Of satisfactory quality

10.1.1.1.2 Fit for a particular purpose

10.1.1.1.3 As described by the seller

10.1.1.2 If any digital content purchased from us does not meet these criteria and develops a fault, you have the right to have your digital product repaired or replaced.

10.1.1.3 You must notify us of any faults within 14 calendar days from the date you received it.

10.1.1.4 You will receive a full or partial refund instead of a repair or replacement if any of the following are true:

10.1.1.4.1 The cost of the repair or replacement is disproportionate to the value of the digital content

10.1.1.4.2 Repair or replacement is impossible

10.1.1.4.3 Repair or replacement would be significantly inconvenient

10.1.1.4.4 Repair would take unreasonably long

10.1.1.4.5 Repair has been unsuccessful.

10.1.1.5 If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

10.1.1.6 Please contact us on hello@theupbeatnetwork.com to initiate the replacement/refund process, stating your order number and which digital product is faulty.

10.1.2 Refunds for digital products

10.1.2.1 Due to your purchase being a digital coaching product made available at the time of the purchase (unless purchased during a pre-launch offer), by purchasing our digital products you automatically give your consent to waive the 14-day cooling-off period. As a result, your purchase is not eligible for a refund or a cancellation. All contracts and all purchases are binding.

10.1.2.2 If you purchased a digital product from us on a rolling monthly plan with recurring payments and wish to cancel it, you must do so within the members' area, otherwise the contract will still be binding and you will remain liable for the payments that follow.

10.1.2.3 If you purchased a digital product on a plan exceeding one month in length (e.g. a 6-month plan), you are liable for all instalments of payments for the whole duration of the plan. Once the plan is over, you will automatically switch to a rolling contract which you may cancel at any point. To cancel, you must do so within the members’ area, otherwise you will remain liable for the payments that follow.

10.1.2.4 If you cancel a plan exceeding one month in length before the term of the plan is over, we reserve the right to charge you for the full remaining balance.

10.1.2.5 If you have any outstanding payments for any of our digital products and you have not responded to our requests to settle your account, this will be escalated within 14 days to third party debt collectors for the outstanding amount plus the third party's fees.

10.1.2.6 If you purchased a digital product during a pre-launch offer and the product has not been made available to you yet, you are entitled to a 14-day cooling-off period during which you are eligible for a full refund.

10.1.2.7 This does not affect your statutory rights.

10.1.3 Accidental purchases of digital products

10.1.3.1 We understand that sometimes things go wrong and we’re all human, so we try to accommodate our customers in everything we do.

10.1.3.2 Please contact us at hello@theupbeatnetwork.com as soon as possible and no later than 24 hours after the accidental purchase so we can work out the best solution for your situation. To speed things up, please include all the relevant details in your email to us.

10.1.3.3 This is a goodwill policy, which may be amended or withdrawn without prior notice and which does not affect your statutory rights.

10.2 Physical products (Goods)

10.2.1 Returns of physical products (Goods)

10.2.1.1 For any physical products (Goods) purchased from us, you have 14 calendar days to return an item from the date you received it. Please notify us by email at hello@theupbeatnetwork.com that you wish to make a return. Please include the order number in your email.

10.2.1.2 To be eligible for a return, the item must be unused and in the same condition that you received it.

10.2.1.3 The item must be returned in the original packaging.

10.2.1.4 Please include your name and order number in your return parcel.

10.2.1.5 This does not affect your statutory rights.

10.2.3 Refunds for physical products (Goods)

10.2.3.1 Upon returning an item to us, once we receive the item, we will inspect it and notify you that we have received it. We will notify you as soon as possible on the status of your refund after inspecting the item.

10.2.3.2 If your return is approved, we will initiate a refund to your original method of payment.

10.2.3.3 You will receive the credit within a certain amount of days, depending on your card issuer's policies.

10.2.3 Shipping In Case of Refunds & Cancellations

10.2.3.1 If you changed your mind on any physical products (Goods) purchased from our store, you will be responsible for paying for your own shipping costs for returning the item(s). Original shipping costs are non-refundable. If you receive a refund, the cost of original shipping will be deducted from your refund.

10.2.3.2 If the item you received was faulty or arrived damaged, please contact us at hello@theupbeatnetwork.com and we will arrange return shipping at no cost to you. We will also replace the item or issue a full refund, including the shipping costs, whichever you prefer. Please state your preference in your email to us.

Contact Us

If you have any questions about orders, refunds or returns, contact us at hello@theupbeatnetwork.com.

We do what we can to ensure your satisfaction as our customer and as a user of our services. If things go wrong, we will assist you as best as we can. Thank you for being a part of our Community!