Terms and conditions
Please read all these terms and conditions (“Terms”)
1 Application
1.1 These Terms will apply to your use of our Website in general and to the purchase of the Services by you (the “Client” or “you”). We are Mindset Happiness Wealth Solutions Ltd, a company registered in England and Wales with registration number 11770837, whose registered office is at the Old School House, Dartford Road, March, Cambridgeshire, United Kingdom, PE15 8AE (“Sunny Mahal” or “us” or “we”).
1.2 These are the terms on which we sell our Services to you. By using the website or requesting any of our Services, you agree to be bound by these Terms. You can only purchase the Services from us if you are eligible to enter into a contract and are at least 18 years old. We recommend that you print a copy of these Terms for future reference.
1.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
1.4 We amend these terms from time to time. Every time you wish to use our Website or order Services, please check these terms to ensure you understand the terms that apply at that time.
1.5 If you do not agree to these Terms, you must not order Services or use our Website.
2 Definitions
Strategy Call means an introductory discussion to assess your suitability and needs for 1-2-1 Sessions or group sessions
Group Sessions means any of our group programs/mentorships, masterminds including online and in-person
Business Day means a day other than a public holiday in England when banks in London are open for business;
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services, the provisions of which are contained in these Terms and the signed Booking Form.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Fees means the charges for the Services as outlined on our Website and further particularised on the Booking Form, or, as agreed between the parties in writing from time to time;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website and the Registration Form which can be found here;
Order Form means a completed and signed document that includes details of any 1-2-1 Sessions or Mastermind you wish to order and the Fees applicable;
Services means the services advertised on the Website, including, but not limited to, business investment, mindset and lifestyle coaching programmes taught in groups or on an individual basis and, as selected by you;
Website means our website www.sunnymahal.com on which the Services are advertised.
3 Services
3.1 The Services we provide constitute:
3.1.1 Individual, bespoke coaching (1-2-1 Sessions); and
3.1.2 class coaching, online or in person (Group Sessions)
3.2 We will:
3.2.1 provide the Services with reasonable care and skill;
3.2.2 provide the Services in accordance with express goals agreed between us (which may be amended by agreement time to time);
3.2.3 whilst providing the Services, use reasonable endeavours to respond to your queries within 12 hours.
3.3 You acknowledge when using our Website that all Services which appear on the Website are subject to availability.
3.4 We reserve the rights to make changes to the Services which are necessary to comply with any applicable law or safety requirements. However, in such circumstances, we will endeavour to notify you of these changes as soon as practicable. In particular, we reserve the right to conduct sessions remotely in order to comply with any public health restrictions or guidance in place from time to time.
4 Client responsibilities
4.1 Our 1-2-1 Sessions are tailored to your special requirements. It is your responsibility to ensure that any information or specification you provide either in the Order Form or through any other means is accurate and you must co-operate with us in all matters relating to the provision of the 1-2-1 Sessions.
4.2 It is your sole responsibility to inform us of any health and safety issues which might become an issue whilst you are using the Services.
4.3 Your failure to comply with Clauses 4.1 and/or 4.2 will constitute a Client default which entitles us to suspend performance of the Services until you remedy it, or, if you fail to remedy it following our request, we may terminate the Contract with immediate effect on written notice to you.
4.4 In addition, your failure to comply with Clauses 4.1 and/or 4.2 compromises the quality of the Services and consequently voids any liability that we might have under this Contract with immediate effect.
5 Personal information
5.1 You must ensure that the contact details provided by you when you book a Strategy Call with us through the Website, through the Order Form or at any other time are correct and complete.
5.2 By signing-up to a Strategy Call, you expressly agree that we may contact you via e-mail or other electronic communication methods and that we may record any sessions including 1-2-1 sessions in order to improve our Services.
5.3 We also reserve the right to record our Group Sessions in order to redistribute the recordings to our Clients for learning purposes.
5.4 Any personal or sensitive business information that you share with us will remain confidential and is not shared with any third-parties. We retain and use all information strictly under the Privacy Policy.
5.5 You must inform us immediately of any changes to the contact information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
5.6 We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms or those of the Order Form.
6 Basis of Contract
1-2-1 Sessions
6.1 Once you book a Strategy Call with us you will receive a booking confirmation from Calendly which includes the details required for you to access the call. During the Strategy Call we will discuss your current trajectory and your future goals in order to ascertain how we can help you and then together we will plan a schedule of 1-2-1 Sessions.
6.2 We will then send you a “Client Questionnaire” which you must complete along with the Order Form which includes the details of your 1-2-1 Sessions for you to review and sign. Once these documents have been completed, signed and returned to us, a Contract will then be formed for the Services ordered, which will be governed by these Terms.
Group Sessions
6.3 Group Sessions can be booked and paid for via the Website through our online store or over the phone using the details displayed on the Website. The Contract for Group Sessions is made once you make payment of the Fees in cleared funds.
General
6.4 The description of the Services on our Website does not constitute a contractual offer to sell the Services.
6.5 No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed between us in writing.
7 Fees and Payment
7.1 The Fees for the Services are those stated to you on the date you order the Services or such other price as we may agree in writing.
7.2 Please note that if you wish to add to the Services you have requested from us, then this will be chargeable.
7.3 Fees for our Services may be calculated on a fixed price or an hourly basis.
7.4 All payments must be made via Stripe, PayPal or via BACS to the bank details that we will notify you of in writing. Your payments of the Fees via Stripe and PayPal are subject to their respective terms and conditions (Stripe terms and conditions, PayPal terms and conditions) which are incorporated into these Terms by reference.
7.5 Fees and charges exclude VAT which is applied at the prevailing rate.
7.6 If you have requested 1-2-1 Sessions then you will be given the choice to settle your invoice as a one-off payment or via monthly instalments lasting for the proposed duration of the Services.
7.7 If you have requested group session, then the invoice must be settled in full prior to scheduled commencement.
7.8 If you choose a one-time payment, then the invoice for the 1-2-1 Sessions must be settled in full prior to their scheduled commencement. If you elect for monthly payments, then each monthly payment must be made in full before the 1-2-1 Sessions may continue.
7.9 Please note that if you elect to pay monthly the overall Fee will be calculated at a higher rate.
7.10 If payment of the Fees has not been made in accordance with Clause 7.7 and/or 7.8, we reserve the right to cancel the Services without incurring any liability.
7.11 If you are receiving Services from us under a monthly payment plan, then the Fee will be taken via direct debit from your account via Stripe on a periodic basis as agreed between us.
7.12 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. 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 us interest together with any overdue amount.
8 Performance of the Services
8.1 We will perform the Services on the dates or within the agreed period or, failing such stipulation, within a reasonable time.
8.2 If we do not perform the Services on time, you may (in addition to any other remedies) treat the Contract at an end if we have refused to deliver the Services for a period of more than 3 months.
9 Cancellation
9.1 As a Consumer entering into a distance contract, you have certain statutory rights under the Consumer Contracts Regulations 2013. This includes the right to cancel certain Services within 14 days of entering the Contract (“Cooling-off Period”).
9.2 You have the right to cancel during the Cooling-off period in respect of any Group Sessions that you book through the Website or via the telephone with our sales team.
9.3 Should you request cancellation of the Services within the Cooling-off Period you shall be entitled to a refund, less the value of the Services that have already been performed by us up to and including the date which you give notice. If the entirety of the Services have been performed during the Cooling-off Period, you will have no right to cancellation or a refund.
9.4 In the event that you are provided with a digital download, once you have completed the download, regardless of whether the Cooling-off Period has expired, your right to cancel will no longer be exercisable and no refund will be claimable.
9.5 You do not have the right to cancel during the Cooling-off Period in respect of 1-2-1 sessions that you book with us because these sessions have been tailored specifically to your needs. However, once the Contract is made you will be invited to an initial “Discovery Day” with us and if you wish to cancel the Services on the Discovery Day you will be permitted to do so and receive a full refund less the fee for the Discovery Day of £1,450 plus VAT which will be deducted. Please note that cancellations made after the Discovery Day shall not be valid under this clause.
9.6 To exercise the right to cancel this Contract, you must inform us of your decision to cancel by a clear written statement by email (support@sunnymahal.com). We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
9.7 If you wish to cancel a specific appointment after the Contract is made, you must give us at least 24 hours’ notice of your decision. Please note that if you cancel within 24 hours of a session, we shall have the discretionary right to retain any Fees due in respect of that session without performing the Services and you may lose the session.
9.8 If we are unable to perform the Services on a scheduled occasion, we will inform you as soon as practicable and you will be entitled to a refund of the value of any Fees payable in respect of that appointment.
9.9 If you become entitled to a refund under the provisions of Clause 9.8, we reserve the right, at our sole discretion, to extend the Services in order compensate you for the period during which access was denied instead of providing a monetary refund.
10 Duration and termination
10.1 The Contract shall commence in accordance with the provisions of Clauses 6.2 and 6.3 and shall continue as long as it takes us to perform the Services subject to the provisions of these Terms.
10.2 Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
10.2.1 commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
10.2.2 is subject to any step towards its bankruptcy or liquidation.
10.3 On termination of the Contract for any reason, our respective remaining rights and liabilities will not be affected.
11 Circumstances beyond the control of either party
11.1 In the event of any failure by us to complete the Services due to something beyond our reasonable control:
11.1.1 we will advise you as soon as reasonably practicable; and
11.1.2 our obligations will be suspended so far as is reasonable, PROVIDED THAT we will act reasonably, and that we will not be liable for any failure to perform the Services which we could not reasonably avoid.
11.2 Should these circumstances endure for a period of more than four (4) weeks, we shall be entitled to provide the Services through alternative methods or rescind the contract without liability.
12 Intellectual Property
12.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 “Sunny Mahal”, "Limitless Entrepreneur", "Limitless Mind", "Limitless Property" are unregistered trade marks and are protected in the United Kingdom by the law of passing off. Reproduction of our trade marks is strictly prohibited.
12.3 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
12.4 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
12.5 All materials included in any programme provided by us are our property. Any redistribution or reproduction of part or all of the content in any form is strictly prohibited. You are not permitted to share any materials/tools/downloads or your personal login information from any of our programmes with anyone else during and after services have been received and if there is any indication of this you will be un-enrolled with immediate effect and legal action may be taken against you.
13 Availability of the Website
13.1 Any online facilities, tools, services or information that we make available through the Website & Members Area is provided "as is" and on an "as available" basis. We give no warranty that the Website will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Mindset, Happiness, Wealth solutions Ltd is under no obligation to update information on the Website.
13.2 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users must take responsibility for their own security, that of their personal details and their computers.
13.3 Mindset, Happiness, Wealth Solutions Ltd accepts no liability for any disruption or non-availability of the Website.
13.4 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
14 Reliance on our Website
14.1 The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
14.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
14.3 Where our Website contains links to other sites and resources provided by third-parties, these links are provided for your information only. Whilst in some instances we may receive financial benefit from certain linked websites, such links should not be interpreted as approval by us of those linked websites or information you may obtain from them as we have no control over the contents of those sites or resources.
15 Prohibited use
15.1 You may not use the Website for any of the following purposes:
15.1.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
15.1.2 in any unlawful or fraudulent manner;
15.1.3 to transmit, or to procure the transmission of any unsolicited marketing materials to us;
15.1.4 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
15.1.5 to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
15.1.6 to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
15.1.7 making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
16 Linking to our Website
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2 However, you must not:
16.2.1 establish a link in such a way as to suggest any form of association, approval or endorsement by Sunny Mahal, unless otherwise approved by us;
16.2.2 establish a link to our Website in any website that you do not own;
16.2.3 frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
16.2.4 link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
16.3 We reserve the right to withdraw linking permission without notice.
17 Privacy
17.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
17.2 These should be read alongside, and are in addition to our policies, including our Privacy Policy.
17.3 For the purposes of these Terms:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
'GDPR' means the General Data Protection Regulation (EU) 2016/679.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
17.4 We are a Data Controller of the Personal Data we Process in providing the Services to you.
17.5 Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
17.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
17.5.2 we will only Process Personal Data for the purposes identified;
17.5.3 we will respect your rights in relation to your Personal Data; and
17.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
17.6 For any enquiries or complaints regarding data privacy, you can contact us (support@sunnymahal.com).
18 Disclaimer
18.1 We provide coaching services. We are not agents, accountants, lawyers, doctors, managers, therapists, psychotherapists or registered dieticians. You understand and agree that if you should engage us for services, we shall not be obligated to and will not:
18.1.1 procure or attempt to procure employment or business or sales for you;
18.1.2 perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
18.1.3 act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; or
18.1.4 introduce you to any business contacts.
18.2 In addition, any documents, forms, calculators, calculations, formulas, spreadsheets or other documents or information we provide you, should not be used as a substitute for the expertise of an appropriately qualified professional. Therefore before making any business, legal, financial or investments decisions please consult with the relevant qualified professional.
18.3 Every effort has been made to accurately represent this service and its potential on this Website. However, there is no guarantee you will reach obtain any specific results if you engage us for services. This is because reaching the desired outcome is entirely dependent on you using the techniques, tools and ideas communicated to you by us. Your level of success in attaining desired results depends on your level of involvement, the time you devote to our sessions and your progress in personal growth, knowledge and various skills taught to you by us, all of which are variable according to the individual.
18.4 The information contained on the Website is provided for general information purposes and should not be considered therapy or a substitute for the advice of a qualified medical professional. Please contact your healthcare provider if you have any medical questions or concerns about your health.
19 Limitation of liability
19.1 Subject to Clause 19.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with the Services that result in indirect or consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data, loss which was not reasonably foreseeable to both parties at the time when the Contract was entered into or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Services.
19.2 Subject to Clause 19.3 below, we shall only be liable for rectification or a refund for the Services carried out and our liability shall be capped at the total amount paid by you under the Contract during the 6 month period prior to the event giving rise to such claim.
19.3 We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was entered into.
19.4 You expressly waive and release any claim that you may have at any time for injury of any kind against any natural person involved with Sunny Mahal, including without limitation its directors, employees and independent contractors.
20 Governing law, jurisdiction and complaints
20.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
20.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Client lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
20.3 We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, Clients should contact us (support@sunnymahal.com) to find a solution. We will aim to respond with an appropriate solution within 5 Business Days.
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