Welcome to We Gather. We are so pleased you have chosen to join our community and look forward to journeying through the seasons with you.

In order to create a safe space for everyone within the community, we have created a set of agreements. We ask you to please read the following important terms and conditions and commit to using them within the community.

This contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

Our intention is that these agreements bring clarity to the community, protect the members and take care of the business side of things so that we can get on with the good stuff! Please let us know if there are any clauses that you do not understand or that contradict your understanding of the offering.

In this contract:

• ‘We’, ‘us’ or ‘our’ means Sarah Matlock and Debbie Beharrell, trading as Sarah Matlock Coaching and Debbie Beharrell Coaching, respectively; and

• ‘You’ or ‘your’ means the person buying or using our services and resources.

If you would like to speak to us about any aspect of this contract, please contact either of us by e-mail at sarah@sarahmatlock.co.uk or debsbeharrell@gmail.com.

BACKGROUND

“We Gather” is an online community space for women. The details of the community are set out on the webpage www.sarahmatlock.co.uk/we-gather.

We are both sole traders, Sarah’s trading address is The Glen, Great Lane, Clophill, MK45 4BQ trading as Sarah Matlock Coaching and Debbie’s trading address is The Close, Great Somerford, Wiltshire, SN15 5JG, trading as Debbie Beharrell Coaching.

1. Introduction

1.1 If you sign up to our community you agree to be legally bound by this contract.

1.2 If you use any of our free resources (for example a free trial, podcasts, workbooks, discovery sessions or any other resources we may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation. 

1.3. When signing up for the community or using any resources you also agree to be legally bound by:

1.3.1 our website terms of use and privacy policy;

1.3.2 specific terms which apply to our community which may be set out on the webpage for the community or in email correspondence between us. 

All these documents form part of this contract as set out in full here.

2. Information we give you

2.1 Certain sections of this contract only apply to you and us if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession.  By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract of sale between you and us is made (see the summary box below). We shall give you this information in a clear and understandable way either in this contract or the community description.

We shall give you information on:

• the main characteristics of the community

• who we are, where we are based and how you can contact us

• the price of the community

• the arrangements for payment, your access to the community and any relevant timeframes

• how to exercise your right to cancel the contract in the cooling off period if you are a consumer

• our complaint handling policy

3. Ordering services from us 

3.1 When you sign up for our community by completing the form on the website or via alternative communication on social media platforms, indicating your intention to join, we shall acknowledge it by email. This acknowledgement does not, however, mean that you have been accepted into the community.  We may contact you at our discretion and refuse entry to the community, for example if we do not think the community is right for you or there has been a mistake in the pricing or description of the community. We do not have any obligation to provide a reason for this refusal.

4. The community

4.1 If you are a consumer you have protection under consumer rights legislation, including that we must provide the community with reasonable care and skill.

4.2 The availability of the community might be affected by events beyond our reasonable control. If so, there might be a delay before we can make the community available again.  We shall make reasonable efforts to limit the effect of any of those events, we shall keep you informed of the circumstances and we shall try to provide access as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include illness, pandemics, epidemics, IT issues and problems with hosting providers, any law or action taken by a government or public authority. 

4.3 In the event that community resources are not available in whole or in part at any time, or becomes corrupted, is deleted or fails to be stored, we shall have no liability in any circumstances.

4.4 When you gain access to the resources in the community, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we use all reasonable endeavours to provide a quality viewing experience, we cannot make any guarantee as to the resolution or quality of the content you will receive.

4.5 In order to gain access to the resources in the community, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the community platform and software from time to time. We may change the requirements for compatible devices from time to time and, whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.

4.6 We reserve the right to make changes to the community from time to time. The availability of the content, as well as platforms and compatible devices, may change from time to time. We also reserve the right to replace or remove any resources and the platforms available to you through the community, and to otherwise make changes in how we operate it. We may from time to time, with respect to any or all members offer certain features or other elements of the community, including promotional features, user interfaces, plans, pricing, and advertisements. 

4.7 No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the community, in which case it will result in the immediate cancellation of membership without refund. When you become a member you agree to take all actions possible to protect your login details from fraudulent use. We reserve the right to cancel any membership we believe has been compromised, or is being used fraudulently, at our discretion.

4.8 The community is not suitable for persons under 18 years of age, and by signing up you confirm that you are eighteen years of age or older.

5. Your responsibilities

5.1 You will pay the fees for the community in accordance with the community description.

5.2 Account, Password and Security.  When you sign up for the community, you will be sent login details to access the live calls and recordings. You are responsible for maintaining the confidentiality of passwords and other login information. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you do not share login information or passwords with anyone other than current We Gather community members.

5.3 Any content you post or submit in our community WhatsApp group while you are a member is subject to our website terms of use and acceptable use policy found here.

5.4 You acknowledge that deciding how to handle any issues which may arise as a result of your joining the community, the choices you make in relation to them and whether or not you follow through on any information we provide is exclusively your responsibility.  For this reason, although we fully expect great results to come from your participation in the community, we cannot guarantee any specific outcomes or that all members will achieve the same results.  The results are entirely dependent on your commitment and the effort you put into the resources we make available. 

5.5 We are both certified Maturation Coaches, as trained in Nicky Clinch’s Alchemy of Being.  Debbie is a health coach, certified through the Institute for Integrative Nutrition. Sarah is a breathwork and meditation facilitator, certified through the Academy of Breath and circle facilitator certified through Sister Stories. The role of the community is to offer you guidance and resources to support you in your life.

5.6 Our resources do not treat mental disorders and are not a substitute for counselling, therapy, mental health care or medical treatment of any kind.  By signing up for the membership you confirm that you will not use the resources in place of any form of counselling, therapy or medical treatment.

5.7 If you are currently receiving treatment from a doctor or other healthcare professional, by agreeing to these terms and conditions and signing up for the community, you confirm that you have consulted with the person treating you regarding the advisability of signing up for our community and that this person is aware of and supports your decision to proceed with the community.

5.8 The resources in the community do not in any way constitute specific advice or recommendations. They are for guidance only. We are not able to advise you on your individual circumstances.

5.9 Physical exercise disclaimer: Physical exercise, in all of its forms, can be a strenuous physical activity. You are therefore advised to seek the advice of your GP before beginning any physical exercise program, including using the resources in the membership.  All suggestions and comments we make regarding poses, moves and instruction are not required to be performed by you and are carried out at your election while using the resources. 

5.10 By using the resources in the membership, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by following the [videos and other] resources in the membership, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time [I] or [instructors] may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. 

6. Fees and payment

6.1 All prices quoted are inclusive of VAT.

6.2 The fees for the membership are set out in the membership description.

6.3 Membership fees are payable monthly on the first of the month, or there is an option to pay 3, 6 or 12 months in advance.  Your membership subscription will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription in accordance with clause 12.1 or the account or the membership is otherwise suspended or discontinued according to the terms of this agreement. 

6.4 If you are a founding member, who has remained a member in good standing, with no breaks in your membership payments, your membership fee will not increase for the first twelve months. We may increase the price of the membership fees in future, in which case we will notify you via email. The increase will apply to the next payment due, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due. 

6.5 The membership fees are non-refundable except for:

6.5.1 if you are a consumer, your right to a ‘cooling off’ period, as described in clause 7 below; or

6.5.2 where we cancel your membership (other than under clause 12.3 below) you are entitled to a partial refund for any period of time which you have paid for in advance and during which you will not have access to the membership.

6.5.3 In all other circumstances we are not able to refund to you any of the payments you have made in advance, as this policy is a reflection of the amount of preparation we need to put into the membership to make it most effective for you. This approach also helps you with your own accountability and commitment to yourself and accessing support through our membership services.

6.5.4.In view of our clear no-refund policy, we do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company.  In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

7. Cooling off period for consumers 

7.1 If you are a consumer, subject to clause 7.3, you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.

7.2 The cancellation period will expire 14 days after you sign up for the community.

7.3 However,  if you confirm to us that you wish to gain access to the membership resources during the 14 day cooling off period, then at this point our refund policy set out in clause 7.4 will apply and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay our reasonable costs of community services provided within that time. You confirm you wish us to start to provide the membership services within the 14 day cooling off period by doing any of the following during that time: joining a community live online call; or  accessing or downloading any digital resources we make available to you; or joining any private WhatsApp group associated with our community; or accessing any other supporting materials made available to you.

7.4 If you cancel this contract in accordance with the cooling off period in clause 7.1, we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.  However, this will only be the case if you have not confirmed to us you wish us to provide the membership services as specified in clause 7.3. for which you will have to pay our reasonable costs.

8. Intellectual property

8.1 If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

8.2 The resources in the membership are provided for your information and personal use only and (unless we explicitly state or agree otherwise in writing) may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever.

8.3 From time to time we may record live sessions that we make available to you through the community.  If you participate in such sessions, you authorise us to use your image and voice in any such recordings (and to make use of such recordings in any way we think fit) without payment, other condition or need for further consent.

9. How we may use your personal information

9.1 We shall use the personal information you give to us to: 

9.1.1 provide access to the community; 

9.1. 2 process your payment for your membership; and 

9.1.3 inform you about any similar products and services that we provide, though you may stop receiving this information at any time by contacting us. 

For full details of how we deal with your personal data, see our privacy policy here.

9.2 We shall not give your personal information to any third party unless you agree to it.

10. Confidential information

10.1 Where you participate in any group sessions, for example in communications as part of a WhatsApp group or online group call, you agree to keep strictly confidential any information shared by other members and not to share it with any third parties.  You will not use the confidential information of any member for your own benefit except with the explicit consent of that member.

10.2 The obligations in clauses 10.1 will not apply to information which:

10.2.1 has ceased to be confidential through no fault of either party; 

10.2.2 was already in the possession of the recipient before being disclosed by the other party; or

10.2.3 has been lawfully received from a third party who did not acquire it in confidence.

10.3 Your confidentiality obligations under this clause will continue after termination of this agreement.

11. Resolving problems and complaints

11.1 In the unlikely event that there is a problem with the community, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.

11.2 We may at our option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

11.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

12. Termination of your membership

12.1 Your right to cancel. You may cancel your membership at any time. After you cancel, you will continue to have access to all the resources until the end of the billing cycle. Your membership fees are recurring and your membership must be cancelled prior to the renewal date in order to avoid additional membership charges. If you have signed up to a subscription where you pay for several months in advance, that subscription is also recurring and will renew automatically on the expiry date.  It is your responsibility to notify us if you wish to terminate your membership before the expiry date.

12.2 In order to cancel your membership please confirm in writing to either Sarah or Debbie.

12.3 We may terminate your membership if you commit any material breach of the terms of this contract.

12.4 If we terminate your membership and suspend or discontinue your access due to your breach of this contract, then you will not be entitled to any credit, refund or discount in relation to the membership fees already paid by you.

12.5 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

13. Limit on our responsibility to you

13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by negligence), we are not legally responsible for any:

13.1.1 losses that:

(a) were not foreseeable to you and us when the contract was formed;

(b) that were not caused by any breach of these terms on our part; and

13.1.2 business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.

13.2 Our total liability to you is limited to the amount of fees paid by you for the community services and you confirm your understanding that the price of our membership is calculated bearing in mind this limit on our liability. If you would like us to assume a greater degree of potential liability, please contact us for a revised price for our community services.

14. Disputes

14.1 We shall try to resolve any disputes with you quickly and efficiently.

14.2 If you and we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.

14.3 The laws of England and Wales will apply to this contract.

14.4 In the event of a dispute between us, you and we agree not to engage in any conduct or communications, including on social media, designed to disparage each other or our website, products and services.

15. Entire agreement

15.1 These terms constitute the entire agreement between us in relation to your purchase. 

16. Third party rights

16.1 No one other than a party to this contract has any right to enforce any term of this contract.