Terms and Conditions
Welcome to https://www.katehealeyhappy.com/ (our Site).
This Site gives you an opportunity to browse and purchase products and services offered by Kate Healey.Happy Ltd (12041172) t/a Kate Healey.Happy and Happiest You™ (Kate Healey.Happy, we, us).
These Terms and Conditions (Terms) govern your use of this Site, as well as Kate Healey.Happy’s products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact us at hello@katehealeyhappy.com if you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersede all prior conduct, agreements, representations and understandings.
Our products and services are intended for people aged 18 and over.
1. ACCEPTANCE OF TERMS
1.1 By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Kate Healey.Happy events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
1.2 We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at kate@katehealeyhappy.com and immediately discontinue your use of the products and/or services.
2. GENERAL DISCLAIMER
2.1 All Kate Healey.Happy products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/or services, purports to offer professional advice in the way of medical, legal or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
2.2 Kate Healey.Happy provides support, guidance and tools for you to understand yourself, improve your mood, mindset and relationships, manage your emotions, set goals, determine priorities and achieve results, but any decisions you make, or actions you take and the consequences that follow from such decisions and actions, are your sole responsibility. Your success depends on many factors, including, but not limited to, your dedication, participation, practice, desire, beliefs and motivation.
2.3 Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
2.4 You acknowledge and agree that Kate Healey.Happy, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any decisions made or actions taken by you at any time.
3. EARNINGS AND INCOME DISCLAIMER
3.1 Kate Healey.Happy cannot and does not make any guarantees about your ability to get results, implement successful changes or attain a financially improved position with our ideas, information, tools, strategies or recommendations. You acknowledge that many factors in life present inherent risks to everybody and agree there is no guarantee that you will get the results you want as a result of your purchasing or even implementing our products and/or services.
3.2 Any financial representations referenced by us on the Site, in our audios, videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
4. MEDICAL DISCLAIMER
4.1 Kate Healey, as a representative of Kate Healey.Happy, is not a doctor and does not purport to have any medical training. You acknowledge and agree that you take any advice provided as part of the products and services entirely at your own risk.
4.2 The Happiest You™ programme is not designed to replace or substitute professional medical advice or any medication that you may have been prescribed. You should always consult your doctor before starting, changing or discontinuing any medication or treatment.
4.3 You acknowledge and agree that any decisions or actions you take regarding your health, including, but not limited to, what you consume and/or what exercise you undertake, and the consequences that follow from such decisions and actions, are your sole responsibility.
4.4 Kate Healey.Happy cannot and does not make any guarantees about your ability to improve your health, or to prevent or cure any illnesses or ailments you may be experiencing, either now or in the future. You acknowledge that many factors in life present inherent risks to everybody and agree there is no guarantee that you will get the results you want regarding your health as a result of your purchasing or even implementing our products and/or services.
4.5 Any representations regarding health referenced by us on the Site, in our audios, videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
5. REGISTERING YOUR DETAILS
5.1 Before you purchase our products and/or services, you must register an account with us.
5.2 You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
5.3 We may at any time request a form of identification to verify your identity.
5.4 If you are a registered user or member to this Site, you acknowledge and agree that:
5.4.1 You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
5.4.2 You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
5.4.3 You will immediately notify us if your Password is lost or becomes known to any other person;
5.4.4 You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person;
5.4.5 Any information you provide to us for posting or inclusion in our Kate Healey.Happy or Happiest You™ community, at any time, including but not limited to, any questions you post or submit using the form in the Live Calls section on the Site, becomes our property;
5.4.6 To the extent that you provide personal information, Kate Healey.Happy will treat such information strictly in accordance with its Privacy Policy.
5.4.7 You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if you become aware of any unauthorised use of your registered details;
5.4.8 All Kate Healey.Happy courses, including the Happiest You™ programme, are member services for one user only. You will not let any other person use your Password to access member services. We reserve the right to cancel your membership access if we have reason to believe you have shared your username and/or password you provide.
6. YOUR OBLIGATIONS
6.1 When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Kate Healey.Happy Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Kate Healey.Happy Community any of the following:
6.1.1 Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable;
6.1.2 Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
6.1.3 Information that includes personal or identifying information about another person without that person’s consent;
6.1.4 Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us;
6.1.5 Any information or content that impersonates any person or entity;
6.1.6 Any material, non-public information about companies without authorisation to do so;
6.1.7 Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
6.2 You also acknowledge and agree that we may use or tag your name, or the username you use in the Kate Healey.Happy Community when posting content in said community.
6.3 By posting or otherwise publishing Your Content on our Site or Kate Healey.Happy Community, you:
6.3.1 Grant us a non-exclusive, worldwide, royalty-free, perpetual, transferable licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
6.3.2 Warrant that you have the right to grant the above licences;
6.3.3 Warrant that Your Content does not breach these Terms; and
6.3.4 Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
6.4 We reserve the right (but have no obligation) to:
6.4.1 Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person;
6.4.2 Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request;
6.4.3 Remove you from the private Facebook members group, for commercial reasons, at any time after the date sixteen (16) weeks from the day you first joined the group.
7. CODE OF CONDUCT
7.1 Our Site and the Kate Healey.Happy Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
7.2 Whilst using this Site and/or our Kate Healey.Happy Community, we ask that you not:
7.2.1 Contact anyone who has asked not to be contacted;
7.2.2 Collect personal data about other users for commercial or unlawful purposes;
7.2.3 Infringe other user’s privacy rights;
7.2.4 Violate the intellectual property of others;
7.2.5 Post anything that contains software viruses, worms or any other harmful code;
7.2.6 Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
7.3 Please see our Kate Healey.Happy Community Guidelines in the appendix to these Terms for more information.
8. CONFIDENTIALITY
8.1 We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Kate Healey.Happy product and/or services participants (Participants) and representatives of Kate Healey.Happy.
8.2 You agree:
8.2.1 That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
8.2.2 Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
8.2.3 That all materials and information provided to you by us are our confidential, proprietary information and intellectual property, belonging solely and exclusively to us, and may only be used by you as authorised by us.
8.2.4 That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
8.2.5 While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
8.3 This clause survives termination of these Terms.
9. COPYRIGHT AND TRADEMARK NOTICES
9.1 All material on this Site, in our Kate Healey.Happy Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial or personal use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
9.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
9.3 The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Kate Healey.Happy. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Kate Healey.Happy, in any manner that is likely to cause confusion with customers, or in any manner that disparages either Kate Healey or Kate Healey.Happy.
9.4 Nothing contained on this Site or in our Kate Healey.Happy Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
9.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Kate Healey.Happy will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
9.6 This clause survives termination of these Terms.
10. RIGHT TO SUSPEND, TERMINATE AND REFUND
10.1 We reserve the right to suspend or terminate your use of the Site, the Kate Healey.Happy Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
10.2 Kate Healey.Happy offers a money back guarantee for purchases of the Happiest You™ programme. This may be invoked by you for any reason, at any time within fourteen (14) days of the date of your payment.
10.3 In the unlikely event that, after completing the Happiest You™ programme, you feel you have not benefitted from it, you may submit a request to claim your money back. In this instance, you will be asked to undertake a video interview, or series of interviews, during which you will demonstrate that: you watched all of the module videos and audios; completed all of the module exercises; put into practice all the advice provided; attended the live calls or watched all of the replays; and actively participated in the private Facebook group for the duration of the programme. Upon satisfying the interviewee that, despite completing the full programme to this extent, you still have not received any benefit from it, your money will be refunded in full.
10.4 You must submit a claim for your money back under clause 10.3 within twenty (20) weeks of first joining the programme.
10.5 Subject to both the terms of clause 10.2 above, and to your statutory consumer rights, refunds are provided for our products and/or services, solely at our own discretion.
11. FRIEND REFERRAL SCHEME
11.1 The friend referral scheme operates solely at our discretion and may be discontinued at any time without notice.
11.2 The terms by which the friend referral scheme operates can be found in the FAQ section on the Site. These terms, including, but not limited to the frequency of the draws, the value of the prizes, the number of referrals each member can make and the method of notifying the winners, are subject to change at any time, at our sole discretion.
12. LIABILITY IS LIMITED
12.1 The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.
12.2 We do not make any express or implied representation or warranty about, nor shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, the Kate Healey.Happy Community or Our Content.
12.3 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of, or reliance upon this Site, the Kate Healey.Happy Community or Our Content.
12.4 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
12.4.1 Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
12.4.2 Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, theft, destruction, alteration or unauthorised access to records.
12.4.3 Accessing websites or servers maintained by other organisations through links on our Site, Kate Healey.Happy Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
12.4.4 The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
13. YOUR INDEMNITY
13.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, the Kate Healey.Happy Community or through use of our products or services.
14. NO ASSIGNMENT
14.1 You cannot transfer or assign your Happiest You™ membership without Kate Healey’s prior written consent.
14.2 We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
15. ALTERNATIVE DISPUTE RESOLUTION
15.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute. In the case of claims against us, all notices are to be provided to hello@katehealeyhappy.com
15.2 If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to a mediator approved by the Chartered Trading Standards Institute (CTSI) to provide ADR under the Alternative Dispute Resolution for Consumers Disputes (Competent Authorities and Information) Regulation 2015.
15.3 Once the mediator is appointed, the parties agree that:
15.3.1 The costs of any mediation shall be borne equally between the disputing parties;
15.3.2 The chosen mediator shall determine the procedures for mediation;
15.3.3 The chosen mediator will not have the power or authority to make any other determination in relation to the dispute; and
15.3.4 If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
15.4 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
15.5 Despite the existence of a dispute, the parties must continue to comply with their obligations under the contract.
15.6 This clause survives termination of these Terms.
16. APPLICABLE LAW
16.1 These Terms shall be construed in accordance with and governed by the laws of England and Wales. You consent to the exclusive jurisdiction of the courts of England to determine any matter or dispute which arises between us.
17. YOUR FEEDBACK
17.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
17.2 If you have questions or comments regarding this Site, or Kate Healey.Happy products or services, please email us at hello@KateHealeyHappy.com
Company Details
Trading Name: Kate Healey.Happy Ltd
Company Number: 12041172
Registered Address: 85 Great Portland Street, First Floor, London W1W 7LT, England
Email: hello@KateHealeyHappy.com
APPENDIX
COMMUNITY GUIDELINES
All members are welcome here and we want everyone to feel safe when using our groups and forums. For that reason, we have developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
· Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
· No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. Please view the group as your peers, not your leads.
· Respect confidentiality
Content gathered in our Kate Healey.Happy Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
· Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content.
· Report posts that are breaking group policies
If you see a post that is questionable, please report it and tag Kate Healey in the comments.
· Breaking the rules
If you are deemed to be breaking the rules of the group, we reserve the right to remove you from the Facebook group that the offending behaviour has occurred within.