Terms & Conditions

Caram terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Caram’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Caram’ or ‘us’ or ‘we’ refers to the owner of the website whose office is 20 Sans Souci Park, Belfast BT95BZ. The term ‘you’ refers to the user or viewer of our website.

  1. Our Website:

The use of this website is subject to the following terms of use:

  1. 1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

 

  1. 2 This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: name, email address, phone number, address, any relevant financial information.

  1. 3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  1. 4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  1. 5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  1. 6 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

  1. 7 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

  1. 8 This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  1. 9 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

2.​My Contract with You:

     2.1 You are engaging me as a ‘Business & Success Coach’ and I will provide My Services to you on these Terms.

     2.2 Please ensure that you read these Terms and all other terms/contracts carefully. If you think that there is a mistake on your       

         Order/Terms/Contract, please contact me by email. I will confirm any changes in writing to avoid any confusion between us.

     2.3 When you submit an order for services, this does not mean that I have accepted your order for services. My acceptance of the order will take

           place as described in clause 2.4 below. If I am unable to supply you with the Services, I will inform you of this in writing and I will not process the

          order.

     2.4 These Terms will become binding when I contact you by email to confirm acceptance of your order and I will provide the services to you or when

          your deposit payment is paid, at which point a contract will be formed between you and I. The contract will then continue unless and until the

          services have been provided in full, the service is terminated as set out in these Terms or a further Contract is signed.

    2.5 When providing coaching services, group coaching programs and other business-related strategies or services you will be considered and agree

          to enter all Contracts/Terms in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business

          entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state or country, and may

         forfeit consumer rights.

   2.6 You acknowledge and consent to digital content and intellectual property being made available to you upon entering any programme's/courses or

          services and that upon your engagement into intellectual property and digital content within any programme's/courses or services you lose

          your/any applicable rights to cancel under the Consumer Contracts Regulations / Consumer Rights Regulations.

    2.7 Throughout the duration of any agreement you shall not, in any manner, represent, provide services or engage in any aspects of business or

          solicit any client, customer, officer, staff, consultant, or employee for your benefit or benefit of a third party that is or may be engaged in a similar

          business throughout the duration of this agreement and for a period not to exceed 1 year following the culmination, completion or termination of

          these Terms/Contract without written permission from Cara Macklin.

    2.8 You agree that we may limit, suspend, and/or terminate your participation in any services (which may result in your immediate physical removal

          from the service) without refunding any sums already paid or reducing your obligation to these or any other agreed Terms if we determine that

          you are becoming disruptive or impairing the participation or progress of any instructors or participants or if you fail to follow or abide by these

          or any other agreed Terms.

 

3.​Changes to Order or Terms

 

3.1 I may change these Terms at my discretion or if there is a change in the relevant laws and regulatory requirements.

3.2 If I have to revise these Terms under clause 3.1, I will give you at least 2 week’s written notice of any changes to these Terms before they take effect. In these circumstances, you can choose to cancel the contract in accordance with clause 8.

 

 

 

4.​Providing my Services

 

4.1 You will receive coaching sessions (“Session(s)”) from the date set out in the order for a period defined in our Contract and the programme agreement/confirmation.

4.2 The Sessions will take place online at the dates and times agreed between us and evidenced by my communications. Each Session will be of differing length, with approximations given via communication – in the most part 45-90 minute sessions.

 

4.3 I will make every effort to complete the services on time. However, I reserve the right to change the date and time for any reason, including ill health. If I have to change the time of a Session, I will provide you with as much notice as possible.

4.4 There may be delays due to an ‘Event Outside of My Control’. See clause 8 for my responsibilities when an ‘Event Outside of My Control’ happens.

4.5 If you are not able to attend a Session for any reason (including due to me changing the date, time or venue), you will not be entitled to any refund but I may at my discretion offer you a catch-up session.

4.6 In the event I or any member of my team are un-able to attend any pre-arranged meetings, coaching session, calls or trainings of any type for any reason you agree that I cannot be held liable, however every attempt will be made for another member of my team to cover the session where possible and applicable.

4.7 In the event of disruption to any services due to any holiday time, vacation time, maternity leave, paternity leave, bereavement leave, public/national holidays, ‘Events Outside of My Control’ and any other leave of any kind I will provide you with as much notice as possible however you agree I cannot be held liable.

4.8 I reserve the right to limit any and all Services in any and all programmes during any public/national holiday, weekends and festive periods.

4.9  In the event you need to cancel or fail to attend a pre-arranged session through no fault of my own, I will make every attempt to reschedule the session where possible as a gesture of goodwill, however I cannot be held liable or in breach of the agreed terms of service/Contract if it is not possible to reschedule and the missed session remains part of the agreed service we are contracted to provide to you with.

4.10 I shall provide the Services to you with due care, skill and ability. However, due to the nature of my services, I do not guarantee any particular results and you agree that I cannot be held liable/responsible for any/lack of results.

 

 

5.​Fees

 

5.1 The price of the Services has been set by myself in advance and are set out in the order. My prices may change at any time, but this will not affect orders that I have confirmed with you.

5.2 Where I am providing services, I may at my discretion give you the option to pay for the services in instalments via a payment schedule. Should you choose to pay via this method, all payments are due on time or you may be suspended or removed from the program in the event you fail to meet the agreed schedule.

5.3 I will hold your space in a Program for 7 days from me confirming that you have a place within said Program and upon receipt of your signed client Contract. If you have not paid your invoice in full or your first payment in full, in cleared funds, within 7 days from the date of the invoice, your space shall be released however fees may still apply and you agree to settle any and all fees immediately.

5.4 If you do not make any payment due to me by the due date, I may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate from time to time of The Bank of England plus an admin fee of £70. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.

5.5 The total purchase price of any product/service is agreed prior to the commencement of the said service, it is further confirmed within your client contract which must be signed by both parties also prior to the commencement of any service. You acknowledge and agree to fully pay the agreed purchase price of the service/product and your obligation to it cannot be changed, edited or cancelled without either written agreement from both parties or in the event of a contract breach; Any contract breaches must be investigated and be presented with substantiated evidence. For the avoidance of any doubt, if you wish to disengage or leave any service/product prior to its completion for any reason, you agree and acknowledge you are not released from your obligation to the agreed purchase price as contracted.

5.6 In the event you fail to meet your agreed commitments to your contracted financial obligation, I reserve the right to suspend your enrolment into any Programmes/Courses/Services and any period of suspension will not be reimbursed financially or added as an extension to any Programme/Course/Service.

5.7 Any payment methods used by you to make payment will be held on your file and attached to your account, all payments will be automatically attempted from the default method you set. In the event of a failed payment attempt, the next payment method on your file will be used. To remove any saved payment methods from your account please contact us. Please note that you must at all times have at least one payment method saved on your account. If a request for the removal of a payment method would result in no payment methods being saved on your account then such removal request shall be refused unless and until a valid replacement method is provided.

5.8 You agree and acknowledge that you have the full authority from the card holder to use any and all payment methods given to us by you for any payments/deposits that may be due or included in your purchase now and in the future. You also accept all responsibility for any errors relating to payment methods unless the error falls outside of these or any other agreed terms.

5.9 Any payment schedule that includes monthly payments due to be paid on either 28/29/30/31 of any specific month will automatically change to the final day of the same month when that month has fewer days.

 

 

6.​My Liability to You

 

6.1 I do not exclude or limit in any way my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot legally be excluded or limited.

6.2 My total liability under any law or in relation to the performance (or contemplated performance) of the Contract shall in all circumstances be limited to the total price paid by you for the services.

6.3 If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be in breach of the Contract or liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

6.4 The provisions of this clause 6 shall survive termination of the Contract.

 

 

7.​Events Outside of My Control

 

7.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under these Terms/Contract that is caused by an ‘Event Outside of My Control’.

7.2 An ‘Event Outside of My Control’ means any act or event beyond my reasonable control including without limitation a failure of public or private telecommunications networks, storm, flood, earthquake, pandemic, sickness, epidemic or other natural disaster.

7.3 If an ‘Event Outside of My Control’ takes place that affects the performance of my obligations under these Terms:

       7.3.1 I will contact you as soon as reasonably possible to notify you; and

       7.3.2 My obligations under these Terms/Contract will be suspended and the time for the performance of my obligations will be extended for the duration of the ‘Event Outside of My Control’; and

       7.3.3 I will restart/recommence the services as soon as reasonably possible after the ‘Event Outside of My Control’ is over.

7.4 You may cancel if an ‘Event Outside of My Control’ takes place and you no longer wish me to provides the services. Please see your cancellation rights under clause 8. I will only cancel the contract if the ‘Event Outside of My Control’ continues for more than 12 weeks.

 

 

8.​Your Rights to Cancel and Applicable Refund

 

8.1 All payments made to me for services are non-refundable, non-exchangeable and non-transferable, this includes any booking cancellations made by you.

8.2 Either of us may terminate the Terms/Contract if the other is in material breach of any Terms and do not correct or fix the situation within 7 days of receiving notice of the breach in writing.

8.3  I may terminate the Contract immediately (without any liability to provide any refund to you) if I reasonably feel that you are not participating fully in the Sessions, that you are disrupting the Sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the Sessions, other clients/customers, Officers, Contractors, Staff or Directors.

8.4 On or before the date of a termination by either party to your service/contract for any reason, you agree and acknowledge to immediately settle any unpaid fees, outstanding balances remaining for any purchased products/services or any other sums payable under the terms of any respective client contracts. For the avoidance of any doubt, if you wish to disengage or leave any service/product prior to its completion for any reason, you agree and acknowledge you are not released from your obligation to the agreed purchase price as contracted.

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

8.6 In the event of any initiated payment disputes or for any other reason, you acknowledge and agree that all payments made by you for services are final, non-refundable, non-transferable and non-exchangeable. You also acknowledge and agree not to contest any disputes raised and that any disputes should be decided immediately in favour of the Company. 

8.7 You acknowledge and agree that in the event of a termination to your service/contract for any reason you are not entitled to a refund of any monies paid by you to the company prior to that date. Furthermore, you acknowledge and agree not to contest any payment disputes initiated at such time and agree that any disputes should be immediately decided in favour of the company.

8.8 All deposits paid to secure enrolment spaces are non-refundable. You agree to these terms upon payment of any funds.

8.9 If the program you have entered includes a 14-day money back guarantee (this will be made clear and detailed in your client Contract) and you wish to terminate our Contract, the value of services provided to you by The Program up to the point of cancel will be deducted from any refund of monies paid by you. In the event the value for services provided to you exceeds the amount paid by you up to the date of cancel, you acknowledge and agree for the full outstanding balance for the value of all services provided to you up to that date to be debited from your saved payment method or to settle the balance immediately via alternate method, failure to do so will result in you being held in breach of your contract.

8.10 In the event you wish to postpone your enrolment into a programme or course before the date of enrolment, an offer will be made to move to your enrolment by 1 month where availability allows, this offer will be at no extra charge.

8.11 In the event you wish to cancel your enrolment indefinitely prior to your enrolment day a termination fee of £800 (any paid deposits will be deducted from this fee) will be applied to your account and you agree to settle this payment with immediate effect, failure to do so will result in you being held in breach of your contract.

8.12 In the event you request a refund and it is agreed under the terms of your purchase, a payment processing fee will be applied and deducted from any refunded payments at a rate of between 1.4% - 2.9% (depending on payment method issuing country) +20p. A breakdown of these fees can be provided upon request.

8.13. In the event of any required changes/cancellations to times/dates of the service due to unforeseen circumstances by either us/you/third party, you agree that the Company cannot be held liable and that you are not entitled to a refund or claim against the Company for any loss caused as a result of such changes/cancellations. In this event every effort will be made to offer you the opportunity to transfer your purchase to a different service/date where/when available.

 

 

9.​Confidential Information

 

9.1  I acknowledge that in the course of providing the services I will have access to personal data and Confidential Information relating to you and your affairs and I agree not to (except in the proper course of my duties) use or disclose to any third party (outside of any team members, Officers, Staff members, Contractors or other third parties engaged to assist me in providing the services as contracted) any Confidential Information. This restriction does not apply to the following which you will have no further control over;

       9.1.1 any use or disclosure authorised by you or required by law;

       9.1.2 any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others;

       9.1.3 any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure; or

       9.1.4 any information which was provided by you with the intention to be used in public domain.

9.2. You agree that I may disclose any issues which arise out of the Sessions with my own coach, ICF, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.

9.3 You must keep all information discussed in the Sessions strictly confidential as you agree to consider it my intellectual property from the point of submission.

9.4 Any trainings in which you participate while enrolled in any programme are the sole property of the Caram and you relinquish any and all rights when taking part, you agree it will be considered my intellectual property from the point of submission.

 

 

 

10.​Data Protection and Intellectual Property

 

10.1 You acknowledge and agree that your personal data will be processed by and on behalf of me as part of the services. You agree that I may also share your personal details with other participants in the Sessions (including such details as your email address).

10.2 I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

10.3 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 from any Sessions or Programmes, in doing so you agree to pay Cara Macklin a license fee of £25000 which is payable immediately. 

10.4 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable license to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.

10.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.

 

11.​Information About Me and How to Contact Me

 

11.1 The relationship between us will be that of independent contractor and nothing in these Terms shall render me your employee, worker, agent or partner.

11.2 If you have any questions or if you have any complaints, please contact me. You can contact me by email at: caramacklinall@gmail.com

11.3 If I have to contact you or give you notice in writing, I will do so by email to the email address which you provide in the order.

 

 

 

12.​Other Important Terms

 

12.1 This contract is between you and I. No other person shall have any rights to enforce any of these Terms.

12.2 You acknowledge and agree that:

       12.2.1 These Terms constitute the entire agreement (unless a further Contract is signed) and understanding between us and supersede any previous arrangement, understanding or agreement between us relating to the provision of the services;

       12.2.2 In entering into these Terms/Contract you have not relied on anything said by any person (including any third party) relating to the provision of the services.

12.3 Each paragraph in these Terms operates separately. If any Court or relevant authority decides that they are unlawful, the remaining paragraphs will still remain in full force and effect.

12.4 If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will  not mean that I have waived my rights against you and will not mean that you do not have to comply with these Terms. If I do waive a default by you, I will write to you, and that will not automatically mean that I have waived any future default by you.

12.5 These Terms are governed by Northern Irish statute and common law. You and I both agree that the Courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the services which are being provided to you under these Terms.