Terms of Service & Ethical Code

The term ‘us’ , ‘we’ or 'organiser' refers to PerformWell Limited. The term ‘you’ , ‘client’ or 'attendee' refers to the user of our services or viewer of our website.

General

By using PerformWell Limited services including but not limited to continuing to use this website you agree to these terms of service.

Should the terms on this page conflict with any other agreements these terms shall prevail unless individual clauses here are specifically referenced and overruled in writing.

We accept no liability for any financial or other consequences of you accepting these terms and conditions.

Any resources or third party recommendations are provided for your convenience and PerformWell Limited accepts no liability whatsoever for your use of these resources or third party services.

We reserve the right to modify these terms and conditions without prior notice.

Privacy Policy:

We respect your privacy. Full details can be found in our privacy policy 

Intellectual Property:

To assist our clients to the highest levels, PerformWell develops original intellectual property and also licenses intellectual property from 3rd parties.

All programmes, courses and content including but not limited to models, processes, strategies, diagrams, discussions and descriptions shared in PerformWell's courses and programmes, are intellectual property. They are for your personal use only and may not be shared, copied, recorded, duplicated or distributed in any way except under a separate written agreement from PerformWell Limited or the originating owner.

You agree to refrain from any activity that directly or indirectly results in the unlicensed use of any intellectual property shared by PerformWell. This enables us to maintain the high standards and integrity of our intellectual property.

Intellectual property must not be used for commercial gain until all invoices pertaining to that intellectual property have been settled in full, except where permission has been granted under a separate written agreement. 

Copyright:

All presentations, video recordings, audio recordings, publications and deliverables are protected by copyright. All rights reserved. They are for your personal use only and may not be shared, copied, recorded, duplicated or distributed in any way except under specific terms accompanying the delivery, under a separate agreement from PerformWell Limited or the originating owner.

Mentoring, Consulting, Training and Coaching

The following applies to our mentoring, coaching, consulting and training services:

Confidentiality, trust and openness:

We place the highest value on trust and openness. This is fundamental to the coaching processes. All personal information is received in the spirit of working together to achieve the best results and treated in confidence. Case studies, quotes and testimonials will be with agreement of the client.

All principles, processes, models, practices and other information provided by PerformWell Limited are for personal use only. They may not be published, shared or distributed in any form without written consent from PerformWell Limited.

We follow the code of conduct set out by International Coaching Federation.

You agree to make us aware of any relevant history of medical treatment, therapy or coaching.

Meetings:

All meetings are by appointment only. For in person meetings, please arrive comfortably ahead of the appointment time, so you can be relaxed in time for the meeting. For online meetings please ensure you have the appropriate software loaded on your PC. Test this software in advance to ensure it works correctly and you know how to join the meeting.

If you are running late please let us know as soon as possible. We will do our best to provide the full meeting duration subject to availability. If our meeting is shortened due to your late arrival the fee remains payable for the meeting time booked.

If we are unavoidably delayed we will let you know as soon as possible and will offer your preference of a delayed start time for the duration booked or an alternative appointment at a mutually agreed time. No liability is accepted for any financial or other consequences of the delay.

All in person coaching meetings take place at the venue specified by PerformWell Limited unless agreed otherwise.

Where appointments are at PerformWell's venue, car parking, bicycle rack and other facilities are provided as-is on a best efforts basis. Use is at your own risk. We accept no liability for your property.

Fees and payment:

Payment for coaching programmes is due at time of booking. Monthly retainers are due on the first day of the month in which the services will be provided.

Coaching sessions of less than 2 hours duration may be rescheduled with 72 hours notice (working days Mon – Fri). For sessions of 2 hours or more 5 complete working days notice is required. Reschedules and cancellations received with less than the required notice period are not eligible for refund or reschedule. In exceptional circumstances we reserve the right to cancel an appointment. In such circumstances we will notify you as soon as is possible.

The mode of delivery of one-to-one coaching programmes may include in person, by video meeting, or phone call. Requests to change the mode of delivery is treated as a reschedule and is subject to mutual agreement.

Fees are in consideration of time, expertise, use of intellectual property and expense.

Results:

You choose to enter into the coaching process open, receptive and in the spirit of working together to achieve the outcomes we agree you are seeking to achieve.

During the coaching process and thereafter you retain full control of your decision making and sole responsibility for all your actions. Since your actions determine your results, you must take the required action to achieve the results you want. It's your responsibility to communicate your results and help needed.

Achievement of specific results may be guaranteed by written agreement. Guarantees will always be made in writing. For the avoidance of doubt any discussion about guaranteed results will be deemed an agreement when and only when both parties have signed a written agreement.

Online Programmes:

Online Programmes are provided as is, on a best efforts basis. Your personal results are based on your decisions and actions and are therefore your sole responsibility. Examples given in the programme are intended to illustrate the processes only. No warranty or guarantee is provided as to your results and no liability accepted for your results.

We reserve the right to change the terms of memberships and online programmes. If you do not agree to the change of terms you may cancel your membership or not continue using the services.

If you are not satisfied that the Online Programme delivers what is promised, the programme may be refunded within 30 days of purchase. A refund request should be emailed to info@performwell.co.uk clearly stating your reasons for not being satisfied. We may require your completed worksheets/templates to demonstrate that you have attempted to do the programme to the best of your ability. The decision to give a refund is solely at the discretion of PerformWell Limited.

Vouchers:

Vouchers and details of how to redeem will be sent to the buyer at the address provided. PerformWell Limited vouchers are subject to our Terms of Service & Ethical Code.

At our sole discretion PerformWell Limited reserves the right to refund the cost of the voucher in lieu of providing services where it is considered to be in the best interest of the Client and/or PerformWell Limited.

Promotions:

Any promotional offers are on a best efforts basis and may be withdrawn without prior notice. In such case any relevant fees paid to PerformWell Limited will be refunded appropriately. PerformWell Ltd reserves the right to make these changes without prior notice and does not accept any liability whatsoever arising from such changes.

Termination:

PerformWell is committed to providing a high quality service and provides all services on a best efforts basis. In the event that we could not fulfil an agreement to provide coaching, consulting or training due to unforeseen circumstances, we will advise as soon as we reasonably can and reserve the right to terminate with immediate effect.

Services charged on a monthly subscription basis may be terminated at any time during the programme term by providing notification by email to info@performwell.co.uk. Once notification has been received, the programme will run to the end of the current monthly subscription period before terminating. No further payments will be due. 

If for any reason you are not wholly satisfied with the service provided, you agree to make us aware of those reasons and to work together to find a fair and amicable resolution. 

Events


Attendance and Conduct:


Tickets are non-refundable and non-transferable. Attendees are expected to conduct themselves in a professional and respectful manner throughout the event. Disruptive behaviour, harassment, or any activity that violates the event's code of conduct will not be tolerated.

Food and Beverage Consumption:


Attendees are encouraged to enjoy the provided food and beverage responsibly and adhere to any dietary restrictions or special requests communicated in advance.

Health and Safety:

Attendees must comply with all health and safety regulations and instructions provided by event staff or the venue to ensure a safe environment for all participants.

Allergies and Dietary Restrictions:

Attendees with allergies or dietary restrictions are responsible for notifying the event organizers in advance. While efforts will be made to accommodate these requests, the venue and event organizers cannot guarantee the absence of allergens in the food and drink. In any event, attendees must also notify venue or catering staff directly on arrival. The organiser accepts no liability arising from not communicating these requirements.

Photography, Audio Recording and Videography:

Attendees may be photographed or recorded during the event. By attending, attendees grant permission for their likeness to be used in event-related promotional materials.

Liability Waiver:

Attendees acknowledge that participation in the event is voluntary and agree to hold harmless the event organisers, venue, and any affiliates for any accidents, injuries, or damages that may occur during the event.

Compliance with Laws:

Attendees are required to comply with all applicable laws and regulations, including those related to the consumption of alcohol, if provided.

Event Materials and Intellectual Property:

All event materials, presentations, and intellectual property shared during the event are the property of the respective owners. Attendees agree not to reproduce, distribute, or use these materials without prior consent.

Cancellation and Refunds:

Once purchased, bookings are non-refundable except in the following limited circumstances: 

  •  Event Cancellation: If the event is cancelled, a full refund will be issued to the original purchaser. 
  •  Event Postponement: If the event is postponed purchasers will have the option of a full refund or exchanging their tickets for the new date

Bookings are non-transferable under any circumstances. Attendance by anyone other than the original named attendee will be deemed invalid and entry to the event will be denied.


Notification of Changes:

  •  Organiser's Right to Substitute: We reserve the right to substitute speakers or performers in the event of illness, injury, unforeseen circumstances, or other factors beyond our control.
  •  Notification to Purchasers: If a key speaker or performer is replaced, we will use reasonable efforts to notify purchasers as soon as possible, using the contact information provided at purchase. The notification will include the reason for the change and details about the replacement for the speaker or performer.

Substitution Policy:

  • Equivalent Replacement: We will strive to replace the cancelled speaker or performer with someone of comparable stature and expertise/entertainment value, considering the event's theme and audience expectations.
  • No Refunds for Substitutions: Unless the replacement significantly alters the event's nature or fails to meet reasonable expectations, ticket purchases remain non-refundable due to speaker or performer substitutions.

Data Privacy:
Attendees consent to the collection and processing of their personal data for event-related purposes in accordance with applicable data protection laws.

Agreement Acceptance:
Attendees signify their acceptance of these terms and conditions by registering for and attending the event.

Attendees should carefully read and understand these terms and conditions before registering for the event. By attending the event, attendees are indicating their acceptance and agreement to abide by these terms and conditions. Failure to comply with these terms may result in removal from the event without a refund.


Recording of Sessions for Quality, Training, and Research

1. Consent to Record: By engaging with our services, you consent to the audio and video recording of all coaching sessions, training events, webinars, and other interactive events (collectively referred to as "Sessions") conducted by PerformWell Limited.

2. Purpose of Recording: The recordings will be used solely for the purposes of quality assurance, training of our coaches and staff, and for research and development aimed at enhancing our services.

3. Confidentiality and Data Protection: PerformWell Limited is committed to maintaining the confidentiality and privacy of all recorded material. Recordings will be stored securely and will only be accessible to authorized personnel. We will comply with all applicable data protection laws in handling these recordings.

4. Use of Anonymized Data: In instances where recordings are used for research or training purposes, all personal identifiers will be removed to ensure your anonymity unless you provide explicit consent for your identity to be disclosed.

5. Access to Recordings: You may request access to recordings of your Sessions. Such requests must be made in writing and will be subject to any limitations or requirements under applicable law.

6. Right to Withdraw Consent: You have the right to withdraw your consent to the recording of Sessions at any time. To withdraw consent, please notify us in writing. Please note that withdrawing consent may affect our ability to provide certain services to you.

7. Retention of Recordings: Recordings will be retained for a period that is necessary for the purposes for which they are used, after which they will be securely deleted.

8. Changes to Recording Practices: PerformWell Limited reserves the right to amend these recording practices and will notify you of any significant changes.

Online Services Legal Notice

Registered owner:

This website is owned by PerformWell Limited of England & Wales, registered office address: 87 High Street, Hanham, Bristol, England, BS15 3QG.

Conditions of use:

This page tells you the conditions of use on which you may make use of our website www.performwell.co.uk (the Website) and other online services, whether as a guest or a registered user. Before you start to use the Website, please read these Conditions of use carefully. By using the Website, you indicate that you accept these Conditions of use and that you agree to abide by them.

Accessing the Website:

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below).

We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website, to users who have registered with us.

Usernames, passwords or any other information as part of our security procedures, must be treated as confidential, and you must not disclose it to any third party.

We have the right to disable any username or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions of use.

General:

The content of the Website is not offered with any warranty or guarantee of accuracy, timeliness, performance, completeness or suitability for any particular purpose. In no way does the content of the Website constitute advice or replace the advice of a licensed medical or other professional. You acknowledge that we exclude liability to the fullest extent.

All contents made available are done so on a temporary license to use basis. All contents and downloads remain the property of PerformWell Limited.

Content made available through the membership area is licensed for use for the duration of the membership subscription only. Membership is at the discretion of PerformWell Limited and we reserve the right to decline membership without justification. 

The Website is for personal use only. Material displayed on the site, in whole or in part, may not otherwise be copied, reproduced, republished or incorporated in any other work or publication, whether paper or electronic media or any other form, without the PerformWell's prior written permission.

You may not create a link to the Website from another website or document without our prior written consent. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

From time to time the Website may also include links to other websites. These links are provided for your convenience and do not signify that we endorse the website(s) or the companies represented on them. We have no responsibility for the content of the linked website(s).

Interactive services:

We may provide interactive services on the Website or via other online services, including, without limitation:

  • Comment spaces and forums
  • Social media
  • Video calling and conferencing
  • Any other forms of user-generated content.

We are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Content standards:

These content standards apply to any and all content which you contribute to the Website, and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter.

Content must:

  • Be relevant to the page it is posted on
  • Be in the spirit of learning and supporting others

Content must not:

  • Be defamatory, threatening, offensive, abusive, obscene or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
  • Be likely to infringe any laws, legal duties or contractual obligations
  • Be likely to deceive any person
  • Be used to impersonate any person to misrepresent your identity or affiliation with any person, or give the impression that they emanate from us, if this is not the case
  • Directly or indirectly promote any other websites, products or services without written agreement from PerformWell Limited

Viruses, hacking and other offences:

The user agrees that material downloaded or otherwise accessed through the use of the Website is obtained entirely at the user's own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and the PerformWell Limited had been advised of the possibility of the same.

Suspension and termination:

We will determine, in our sole discretion, whether there has been a breach of this acceptable use policy through your use of the Website. Failure to comply with this acceptable use policy constitutes a material breach of the Conditions of use upon which you are permitted to use the Website, and may result in immediate, temporary or permanent withdrawal of your right to use the Website and removal of any posting or material uploaded by you to the Website. On termination you must remove any content that has been downloaded to your systems.

Changes to the acceptable use policy:

We may revise this acceptable use policy at any time by amending this page. It is your responsibility to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

Severability:

If any part of this agreement is found to be unenforceable, the remaining provisions will still apply.

Your use of the Website and any dispute arising out of such use of the Website is subject to the laws of England, Scotland and Wales.

Thank you for visiting. We trust you are finding the Website informative and useful. Your comments or suggestions are welcome and may be sent by email to info@performwell.co.uk