Terms of Service

I am so pleased you have decided to use my services, courses 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 Mitle Southey

‘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 support@mitlesouthey.com

Background:

I am a sole trader and use the trading names Mitle Southey, Circle School and Circle School with Mitle. My postal address is 144 Chiswick High Road, London W4 1PU.

Our work will include one or more of the following:

  • Coaching or Mentoring

  • On-line Courses

  • On-line Membership

  • Sharing Circles

  • Inspired EFT

  • Culinary Nutrition 

  • Intuitive Intelligence Method

And all of these elements make up my ‘services’.


1. Introduction

  1. If you buy product (‘products’) or services from me (‘services’) you agree to be legally bound by this contract.

  2. If you use any of my free resources (for example podcasts, workbooks, videos, 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.

  3. When buying any services or using any resources you also agree to be legally bound by:

  1. my website terms of use and privacy policy;

  2. extra terms which may add to, or replace, some of this contract, for example, any specific written contract between us;

  3. specific terms which apply to my services, for example, programme or service descriptions that may be set out on the webpage for that programme or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for them.

All these documents form part of this contract as though set out in full here.

2. Information I give you

  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 that 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 the summary box below). I shall give you this information in a clear and understandable way either in this contract or the relevant programme or service description.

I shall give you information on:

  • the main characteristics of the services you are buying

  • who I am, where I am based and how you can contact me

  • the price of the services

  • the arrangements for payment, carrying out the services and the time by which I shall carry out the services

  • how to exercise your right to cancel the contract in the cooling-off period if you are a consumer

  • my complaint handling policy

3. Signing up for my services or Ordering products from me

  1. Below, I set out how a legally binding contract to buy services or products between you and me is made:

    1. You place your order at the end of the checkout process by clicking on the payment link on my site, by transferring payment to my bank account or by paying using PayPal or Stripe depending on the service or programme you are purchasing. Placing your order and making a payment does not, however, mean that your order has been accepted.

    2. Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 14 days from the date given.

    3. When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.

    4. I may contact you to say that I do not accept your order. This is typically for the following reasons:

      1. the products are unavailable;

      2. we cannot authorise your payment;

      3. there has been a mistake on the pricing or description of the services or products; or

      4. my circumstances have changed since I gave you the quotation for the services.

    5. I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens, earlier. At this point:

      1. a legally binding contract will be in place between you and me, and

      2. I shall start to carry out the services as set out in the relevant programme or services description.


4. Carrying out the services

  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.

  2. I shall carry out the services within the time period which is set out in the description of the relevant service.

  3. All sessions (including rearranged sessions) must be taken within the timeframe specified in the description of the relevant service or they will expire. Where a course has lifetime access this refers to the lifetime of the course for as long as I choose to run it and I may cancel it at any time. I will give adequate notice for you to complete or download the course.

  4. You can rearrange any one session during each programme providing you give me at least 24 hours’ notice. If you give me less than 24 hours’ notice, fail to turn up to a session or have already rearranged a session in a 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.

  5. Sessions usually take place remotely via Zoom or any other means of communication agreed with you in advance.

  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.

  7. My 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 that might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from me and I have to do extra preparation.

5. Your responsibilities

  1. You will pay the price for the services in accordance with the description of the relevant service.

  2. It is very important that I have a full understanding of your state of health. 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.

  3. You and I shall agree on a method of communicating with each other between sessions and adhere to that method.

  4. Sessions or course material 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 sessions and my courses, 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 or recommended in the course. 

  5. My role is to offer you guidance and accountability and help you make 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.

  6. My services do not treat mental disorders and are 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 my services in place of any form of counselling or medical treatment.

  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 me and that this person is aware of and supports your decision to proceed with the programme described in the description of the relevant service.

  8. You will keep me informed of any changes to your medical health or personal circumstances.

  9. Inspired EFT:  Your sessions with me may involve this modality. I have been trained and certified in Inspired Emotional Freedom Technique, Mindfulness & Sub-conscious Repatterning Level 3 Practitioner, trained with Melinda Deans-Draper, Inspired EFT. This modality is not licensed or regulated by a government body; they are regulated by the International Institute for Complementary Therapies.

  10. Culinary Nutrition Expert:  Your sessions with me may involve this modality. I have been trained and certified in Culinary Nutrition by Megan Telpner and the Academy of Culinary Nutrition. This modality is not licensed or regulated by a government body; they are self-regulated.

  11. Intuitive Intelligence Method: Your sessions with me may involve this modality. I have been trained and certified as an Intuitive Intelligence Trainer by Dr. Ricci-Jane Adams and the Institute for Intuitive Intelligence. This modality is not licensed or regulated by a government body; they are self-regulated.

  12. I am not a medical doctor, or a trained psychiatrist or a psychologist.

6. Charges and payment

  1. The price of the services or product is set out in the description of the relevant service or product.

  2. The relevant services or product description will state if there is a payment plan. If there is a payment plan and you fail to make a payment on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.

  3. Payment is via the payment link provided, PayPal, Stripe or direct transfer to my company account.

  4. If any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above Tide Bank’s base rate.

  5. The fees are non-refundable except for:

  6. if you are a consumer, your right to a cooling-off period, as described below;

  7. where I cancel a programme (other than under 12.2 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.

In all other circumstances, I am not able to refund you any of the payments you have made, even where you do not complete your sessions with me, as payment is for the programme as a whole, not individual sessions.  This is 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 policy also helps you with your own accountability and commitment to improving your life through my services.

7. Digital Products: Right to cancel this contract.

  1. If you change your mind about your purchase of digital products made from our website, you may be able to cancel your order and request a refund, however, your right to do so will depend on whether you have begun downloading or streaming the content.

  2. You may not cancel your purchase of digital products once you have started downloading or streaming them unless the content is faulty.

  3. If you are a consumer and you have not started to download or stream the products you have the right to cancel this contract within 14 days of placing your order without giving any reason.

  4. The cancellation period will expire 14 days after the date you paced your order.

  5. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear written statement (eg a letter sent by post or email).

  6. To meet the cancellation deadline, you need to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

8. Services: Cooling off period for consumers

  1. If you are a consumer, subject to 11.3 below you have the right to cancel this contract within 14 days of signing up without giving any reason.

  2. The cancellation period will expire 14 days after the date of the contract.

  3. However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel. At this point, my refund policy set out in clause 6.5 will apply.

  4. If you cancel this contract in accordance with the cooling-off period in clause 8.1, I shall reimburse 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.

9. Intellectual property

If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

10. How I may use your personal information

I shall use the personal information you give to me to:

  1. provide the services;

  2. process your payment for the services; and

  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).

  4. I shall not give your personal information to any third party unless you agree to it.

  5. See my privacy policy for full details of how I use your information.

11. Confidential information

  1. All information shared by you 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.

  2. Where you participate in any group sessions, for example as part of a group 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.

  3. The obligations in clauses 10.1 and 10.2 will not apply to information which:

    1. has ceased to be confidential through no fault of either party;

    2. was already in the possession of the recipient before being disclosed by the other party, or

    3. has been lawfully received from a third party who did not acquire it in confidence.

  4. Your and my confidentiality obligations under this clause will continue after the termination of this agreement.

12. End of the contract

  1. If a services description specifies a length of time for services to be provided then subject to clause 13.2 below, the services will terminate at the end of that time frame

  2. If I provide services to you on an ongoing basis and the description of the relevant service does not specify a time frame then either you or I may terminate the services by one month’s written notice to each other.

  3. Either you or I may terminate the services and this contract immediately if:

    1. the other party commits any material breach of the terms of this contract or a services description 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 the services and this contract will be terminated if the breach is not resolved, or

    2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986. 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 that is not capable of being resolved.

  4. 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.

  5. 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.

13. Limit on my responsibility to you

  1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

    1. losses that:

      • were not foreseeable to you and me when the contract was formed

      • were not caused by any breach of these terms on my part.

    2. business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.

  2. My total liability to you is limited to the number of fees paid by you for the services.

14. Resolving Problems & Disputes

  1. In the unlikely event that there is a problem with my services or products, 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.

  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.

  3. 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.

  4. I shall try to resolve any disputes with you quickly and efficiently.

  5. If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.

  6. 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. Entire agreement

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 agreement.

16. Third-party rights

  1. No one other than a party to this contract has any right to enforce any term of this contract.