Online terms and conditions of service

1. Introduction

1.1. These Terms and conditions (“Terms”) along with our privacy notice, available at www.tendo-uk.com (the “Website”) confirm the basis on which we provide our Services to you. By purchasing our Services, you are agreeing to be bound by them. If you do not intend to be bound by them then you should not proceed with any purchase.

1.2. If you purchase a mentoring programme or other bespoke Service then you may be asked to agree to separate Terms and Conditions. Should a dispute or conflict arise then those separate Terms will take priority over these general Terms and conditions.

2. The Services

2.1. We provide coaching and mentoring support through online courses, individual coaching Sessions and bespoke Business Mentoring programmes (“the Services”).

3. What you agree when you purchase our Services

3.1. When you purchase any of our Services, you are confirming that you’re over 18, that you’re legally capable of entering into a legally binding contract, and that all information you provide to us is true and accurate.

3.2. You agree to keep your access to the Services private, and not to share, disclose, assign, sell or licence any part.

3.3. During your access to the Services, you may choose to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Services.

3.4. You acknowledge that the Services are designed to provide you with information, materials and support to assist you in developing yourself or, where applicable, your business and they are not a substitute for counselling or other therapy Services. If you are currently seeking medical or other professional help concerning your mental health, or if you’re in any way unsure as to your mental capacity to use the Services then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant.

4. Access to groups and Sessions

4.1. If the Service you purchase include group calls, meetings, interactive Sessions or one-to-one Sessions (together “Sessions”), we’ll deliver them by online meeting facility or telephone, unless we agree otherwise, and we’ll confirm the date and time by email.

4.2. You’ll be responsible for attending any Session(s) included with the Service that you purchase. We regret that no alternative or replacement dates or times will be offered if you are unable to attend a Session for whatever reason.

4.3. You acknowledge that any information, support and guidance provided to you in a group setting or experience is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.

5. Your purchase of our Services

5.1. Your purchase of any Service is a contractual offer that we may choose to accept. Our legally binding agreement begins when we confirm acceptance by sending our welcome email.

5.2. If your order is not accepted, we’ll notify you by email and provide a full refund.

5.3. Details of our Services can be found on our Website. The Service you purchase shall be delivered in accordance with the details displayed on the checkout page at the time your purchase is made.

5.4. Whilst we shall make every effort to deliver the Services in accordance with the details provided at the time of purchase, we reserve the right to amend, revise or make changes to the Services or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Services still matches the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made.

6. Payment and Charges

6.1. The purchase price for your chosen Service is as set out on the checkout page at the time of your purchase (“the Fee”).

6.2. Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and we must receive cleared payment before you are entitled to access the Service.

6.3. If you choose to pay the Fee by credit or debit card, then you authorise us to charge your payment method. If it is rejected, or fails, but you’ve still received access to the Service, you agree to provide full payment of the Fee within 7 days from access to the Service being provided.

6.4. If we agree to accept payment of the Fee by instalments, then you agree to:

6.4.1. set up a direct debit or similar payment process to cover your instalment payments; and
6.4.2. provide payment of the instalments as and when they fall due in accordance with the instalment plan agreed at the time of purchase.

You accept and understand that you’ll remain responsible for providing the instalment payments until the Fee has been paid in full.

6.5. We reserve the right to change our Fee at any time. Any changes will not affect the price of Services where payment has already been made and a welcome email sent.

6.6. If you purchase Services on a monthly subscription basis then you will be liable to make payment every month until you cancel your subscription in accordance with these Terms and Conditions. You authorise us to request payment of the monthly amount from your chosen payment method on a rolling monthly basis.

7. Refund policy

7.1. No refund policy shall apply to your purchase of the Services, including any deposit payment.

7.2. In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with the Services, you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without contacting us first then you accept you’ll be in breach of these Terms and you agree to indemnify us for the repayment of any charges, costs or Fees imposed by your debit or credit provider, or our merchant Service provider or incurred by us.

8. Cancellation and termination

8.1. You can cancel the Services by providing us with a full calendar months’ notice by email. No refunds shall apply despite cancellation.

8.2. When you cancel, all payments due to us shall become immediately due and payable.

8.3. We reserve our rights to terminate our agreement and your access to the Services, with immediate effect, if you:

8.3.1. commit a material breach of your obligations under these Terms; or

8.3.2. fail to provide payment of any sum due to us as and when it becomes due; or

8.3.3. become subject to a bankruptcy or similar financial order or proceedings affecting you or your business; or

8.3.4. act or behave in a way which we reasonably consider may have a detrimental effect on our business or reputation; or

8.3.5. fail to positively engage with the Services or impair the delivery of the Services; or

8.3.6. fail to abide by any of these Terms or any other guidance we may provide whether such action constitutes a material breach or not.

8.4. Upon termination for any reason:

8.4.1. all Terms which either expressly or by their nature relate to the period after the Services have been delivered or terminated shall remain in full force and effect; and

8.4.2. you will no longer be entitled to access or use any private groups, Sessions, or Content, unless we have expressly agreed in writing otherwise; and

8.4.3. you shall cease to use, either directly or indirectly any content, tool and/ or confidential information belonging to us and shall immediately destroy or return to us any copies in your possession.

9. Complaints or concerns

9.1. If you have any concerns about the Services including faults, you agree to let us know by email to [email protected] and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.

10. Confidentiality

10.1. The protection of confidentiality is very important to us. When you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.

10.2. Where we disclose Confidential Information to you or it is disclosed by another individual accessing the Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not share it or use it in any way other than in discussions as part of your use of the Services or as otherwise intended by these Terms;

10.3. In these Terms, Confidential Information means ideas, know-how, business practices, customer/ client details, concepts and techniques, plans, trade secrets, and other confidential and/ or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.

10.4. If we provide you with access to materials, information, resources, data and/ or other content as part of the Services (“Content”), you agree to only use it in connection with your use of the Services and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.

10.5. Our obligations shall not apply where it’s necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (including any dispute regarding these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where we reasonably believe you are at risk of danger to yourself or others.

11. Our intellectual property

11.1. We take the protection of our intellectual property rights very seriously. When you purchase our Services, you agree and undertake that from the date of purchase that you will not:

11.1.1. copy, reproduce, sell, license, share or distribute any of our Content, whether during the period of provision of the Services, or at any time thereafter;

11.1.2. record any Sessions or any Content;

11.1.3. infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights.

11.2. In the event of your breach of this clause 12, then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.

11.3. The provisions above shall continue in force notwithstanding Termination for any reason.

12. Your personal data and how we use it

12.1. Personal data in these Terms means any information which is capable of capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).

12.2. Any personal data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We’ll only process your personal data to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal data please refer to our privacy notice which can be found at https://www.tendo-uk.com/privacy-policy/

13. Reviews and testimonials

13.1. If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you’re granting to us, free of charge, permission to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, that client content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.

13.2. When sharing Client Content, you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.

13.3. These provisions shall survive termination.

14. Liability

14.1. Your purchase of the Services and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.

14.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

14.2.1. any indirect, consequential or special damages, losses or costs;
14.2.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
14.2.3. any failure to deliver the Services where we are prevented due to a reason beyond our reasonable control; or
14.2.4. any losses arising from your choice of Service requested or your use of the Services once delivered.
14.3. We do not warrant or guarantee that your access to the Services will be:

14.3.1. accessible via your particular hardware or software;
14.3.2. free from interruptions or errors;
14.3.3. free from defects;
14.3.4. suitable for your particular personal situation or circumstances.

14.4. Should you incur damages due to our default or breach, our entire liability is limited to the amount of the Fee paid by you at the time loss is sustained. You agree and acknowledge that this Term is fair and reasonable given the nature of this arrangement and the provision of the Services.

14.5. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or limit your legal rights as a consumer (where applicable). If you are a consumer and you’d like further information concerning your legal rights please contact your local Citizens Advice Bureau.

14.6. Our Website and any systems and processes used to deliver the Services are provided on an ‘as-is’ and ‘as available’ basis. We shall not be liable for any lack of accessibility to the Services caused by changes, amendments or routine or unexpected maintenance.

14.7. We shall exercise reasonable care and skill to ensure that our Website is free from viruses and any other malicious software. We accept no liability for any loss or damage resulting from a virus or other malicious software or any other event occurring that causes damage to your hardware, software, or any of your data which arises as a result of your use or access to our Website.

14.8. We shall not be liable where we’ve informed you of a problem with the Services and provided a free update and you’ve failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.

14.9. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:

14.9.1. any of these Terms;
14.9.2. your use or participation in any way in any way with the Services.

14.10. During the term of your access to the Services, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

14.11. In the event a dispute arises in connection with the provision of the Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.

15. No guarantee

15.1. When purchasing the Services, you’ll have access to content designed to benefit you but it’s your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.

15.2. We’ve made every effort to accurately represent the Services. Any testimonials and/ or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.

15.3. All information provided on our Website and social media channels is provided for general information purposes only and does not constitute advice and should not be taken or interpreted as such. It is your responsibility to ensure and check that any Content, goods or Services available through our Website satisfy your specific expectations or requirements.

16. Contact between us

16.1. Tendo Ltd (“we”, “us”, “our”), is registered in England and Wales under company number 07383780. Our registered office is 5 Carrwood Park, Selby Road, Leeds, LS15 4LG. Our contact email is [email protected]
16.2. We’ll communicate with you via telephone or email as agreed, using the details you provide to us so please ensure you notify us if they change.

17. General

17.1. No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.

17.2. Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

17.3. We’ll make every effort to deliver the Services in accordance with these Terms but we’ll not be liable for any delay or failure caused by an act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of Services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an event occur then time for delivery of the Services shall be extended until a reasonable time after the event and under no circumstances will we be liable for any loss or damage suffered by you as a result.

17.4. If an Event arises, we’ll email you to confirm the nature and extent of the Event and any steps we are taking to mitigate its impact and effect and where the event continues for longer than six months, then either one of us shall be entitled to Terminate by providing 14 days’ notice. Termination in these circumstances shall be without prejudice to the rights of either party in respect of any breach of these Terms occurring prior to Termination. Any refunds will be considered at our discretion.

17.5. This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.

17.6. You agree that no other representations have been made by us to induce you into purchasing any of our Services and no modification or variation to these Terms shall be effective unless agreed in writing.

17.7. Save as provided for in clause 16.10, the contracts (Rights of Third Parties) Act 1999 shall not apply.