TERMS AND CONDITIONS FOR CUSTOMERS (NEGOTIATION COACHING AND TRAINING)
Last Update: May 18th 2019
These terms and conditions (“Terms and Conditions”) contain information about She Wins Limited (defined below as "She Wins” and also referred to hereinafter as “we”, “us”, “our” or “ours”, as the context requires) and form a legal agreement between you and us for the use of the website and our online courses. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.
HOW THE SERVICE WORKS
She Wins provides a Website that connects customers (“you” or “Customer”), with Coaches and Trainers (or “Service Providers”) that are willing to support you on your way to negotiate on your value on your own behalf.
You connect with Service Providers by selecting one of them on our Website or any site that subsequently redirects to or any website operated by She Wins. You’re paying for their services through She Wins.
She Wins takes a service fee from Service providers (which is deducted from such payment) for: (i) introducing the parties; (ii) vetting and maintaining a network of reputable and competent Service Providers; and (iii) providing online courses and community service that accompany each package. This service fee is taken at the same time payment is made to a Service Provider. She Wins does not accept cash payments.
She Wins is not an employer of Service Providers or contracting agency and operates purely as a facilitator of the service transaction between you and the Service Provider by operating the She Wins Website.
No contract exists between She Wins and you for the fulfilment of the Jobs and She Wins has no control over the conduct of Service Providers nor the satisfactory completion of a Job, which is solely determined between the parties.
You acknowledge that when you book a session through She Wins booking system you will be entering into a direct contract with the Service Provider. The terms of the contract entered into are set out below. However, the Customer and Service Provider are free to alter or modify such terms as they wish by mutual, express agreement. She Wins is not a party to agreements entered into between you and the Service Providers.
It is a condition of use of our Website and our services provided in platforms that you acknowledge you have complete control over your own conduct and She Wins disclaims all liability in this regard.
In this Agreement, the following terms shall have the following meanings prescribed to them:
“Applicable Data Protection Laws” means (i) until 24 May 2018, the Data Protection Act 1998, or (ii) from 25 May 2018 onwards, Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and any act of the UK parliament which brings this into force.
“Coaches and Trainers” means our Service Providers who provide negotiation coaching and training through She Wins to you.
“She Wins” means She Wins Limited, a company incorporated in England and Wales (Company number 11951816) of 20-22 Wenlock Road, London, England, N1 7GU.
“Website” means any website or other interface which is:
owned by She Wins (including but not limited to www.shewins.co);
operated on a white label basis by She Wins; or
powered or maintained by She Wins,
“Dispute” means a disagreement between you and a Service Provider.
“FUTURE session” means any Job booked that is scheduled for a future date.
“Package” means the collection of online training and/or coaching sessions requested by you on the Website.
“Session” means 30 or 60 min video call with selected Service provider as part of the Package or Additional Sessions.
“Additional Session” means sessions in additional coaching and training packages booked and paid for on the Website or through other She Wins tools.
“Parties” means collectively you and the Service Provider.
“Payment Service” means any third party payment providers.
“Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and a Customer.
Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
USE OF THE CUSTOMER WEBSITE
The purpose of the Website is to enable you to purchase and book negotiation coaching and training and to connect you with suitably qualified Service Providers. You therefore agree that you will not in any circumstance use the Website for any purpose other than paying, booking and browsing through Services in good faith for the purpose of purchasing She Wins services or booking Service Providers at some point in the future.
We make no warranty that any part of the Website will operate uninterrupted or error free and we accept no liability for loss or damage caused by any interruption or error in any part of the Website.
As a Customer using the Website you must be 18 years old or older
The Website is intended to be used in the United Kingdom.
We reserve the right to:
refuse to provide access to the Website to any individual, business or other entity at any time without explanation, consequence or liability; and
remove a service from the Website with no obligation to give advance notice, and She Wins shall not be liable for losses, costs or expenses arising from any such refusal or removal.
You assume all risks when using the Website including, but not limited to, any risks associated with interacting with other people. You acknowledge that She Wins is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
Whilst She Wins takes reasonable care in screening Service Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of the Website and the engagement of a Service Provider. You agree not to use the Website in any unlawful manner and in particular you shall not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
publish, book, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
post any material that infringes on any patent, trademark, copyright, trade secret or other proprietary rights of any person;
cause the Website or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; or
restrict or inhibit any other user from using and enjoying the Website.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Website will be free of viruses or other malicious code or content and accept no liability for loss or damage caused by the transmission of such content or code.
PROVIDING INFORMATION TO SHE WINS AND SERVICE PROVIDERS
BOOKING THE SERVICE PROVIDERS
You can use our Website and other tools provided to book sessions with selected coaches/trainers that you paid for. Service rates are given on the website or through the booking tools. Whether you bought a whole package or follow up sessions it is your responsibility to check the price before booking.
When buying a package or booking any additional sessions you will ensure that you give full and complete information regarding the help you need the Service Provider.
It’s your responsibility to check their availability before selecting a given Service Provider. We cannot guarantee that Service Providers will be available at the time you need them
If you don’t pay for the package or additional sessions at the time of the booking, all your sessions will be canceled.
She Wins reserves the right not to accept certain payment methods.
TRAINING AND COACHING SERVICES
A Service Provider may accept or reject to work with you after your introductory session. If that happens we will recommend you another suitable Service Provider.
She Wins shall have no liability in the event that a Service Provider who accepted the to train or coach you is unable or unwilling to fulfil sessions at the requested time.
She Wins or Service Provider cannot guarantee and have no liability in the event you were not able to achieve desired outcome with you negotiation.
You agree to treat the Service Provider with respect whilst completing your sessions with you and be polite and courteous in your dealings with them.
Notwithstanding any rights you may have to cancel any session under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Protection (Distance Selling) Regulations 2000 (or any replacement thereto) you may cancel:
a FUTURE session by replying to the session confirmation not less than 24 hours prior to the date on which a session is scheduled; and without charge.
However, you may not cancel any session without being liable for a cancellation fee:
where at your express request, it has already begun; or
where you have not complied with the cancellation provisions in clause 8.1 above.
If you canceled any session less than 24 hours prior to the date on which a session is scheduled, you will need to pay the full amount for an additional session to replace the scheduled session.
If you don’t attend scheduled session with the Service Provider you will need to pay the full amount for an additional session to replace the scheduled session.
We want you to be satisfied, so you can request a refund for purchased Packages by emailing us at firstname.lastname@example.org and describing reason for your refund. You need to email us your request within 24 hours from your introduction session.
We don’t offer refund for any Additional Sessions as you can only purchase them after several sessions with a given Service Provider.
While our refund policy is in place to protect Customers, we must also protect our Service Providers from fraud and provide a reasonable payment schedule. We will not process refund requests received after the refund window of 24h after your introduction session.
All refunds will be credited back via the card you used for the purchase.
Customers and Service Providers are encouraged to offer reviews for each other each time a package or session is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Service Provider with whom you have engaged.
She Wins reserves the right to terminate the access to any She Wins services or Service Providers of any Customer who repeatedly receives poor reviews or posts inaccurate or unjust or defamatory reviews.
The reviews of Customers and Service Providers may be published on our Website and social media and may be viewed and considered by other Customers and Service Providers.
DISPUTES AND DISPUTE RESOLUTION
If you are not satisfied that a Service Provider has completed the session to the performance and/or quality that you may reasonably expect, you may initiate a Dispute with the Service Provider. In order for She Wins to intervene as a mediator, this must be done within 2 days of the session having been completed (or purported to be completed) by the Service Provider.
Subject to clause 10.4 below, She Wins will not take part in a Dispute other than as a mediator.
In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge She Wins is entitled to provide your details to the Service Provider in order to find a resolution, and may provide you with the Service Provider’s details. You agree to keep any information provided to you, about the Service Provider under the terms of this Agreement, confidential and only use it for the proper purpose.
If She Wins has been notified of the Dispute within 2 days of the session being completed, and only if the Parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute can be escalated to She Wins by either party and we will offer a recommendation for settlement of the Dispute.
The Parties shall at all times comply with all reasonable requests from She Wins for the supply of information to support She Wins in proposing a resolution to the Dispute. The Parties are under no obligation to accept any recommendation from She Wins, unless agreed in advance.
If She Wins has been unable to resolve a complaint that you make within eight weeks you can address your complaint to The Retail Ombudsman.
The Retail Ombudsman is an independent organisation specialising in providing an alternative dispute resolution service for consumers and retailers. As a member of the organisation, we are bound by their code of practice. The Retail Ombudsman they can be contacted via:
Tel: 02031 3782 68
Payment is taken automatically at the time of booking a first session within a package or additional sessions.
Please check that you are aware of and accept the price for the package or additional session before you make a booking.
She Wins reserves the right to change prices at any time.
She Wins will ensure that the Payment Services comply with such financial and other relevant regulations, but will not be responsible for the performance of the Payment Services. She Wins does not directly hold payment card or payment information. She Wins will be responsible for paying the fees charged by the Payment Services.
You agree not to offer sessions (or accept offers) privately to Service Providers you have previously engaged with through She Wins.
In the event you do request a Service Provider for sessions (other than Additional Sessions) outside of the Website or other tools we provide, She Wins:
reserves the right to terminate your access to the Website; and
will not be able to mediate on any disputes in respect thereof, and
you will not benefit from the protection offered via these Terms and Conditions in respect thereof.
If you engage with a Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to She Wins at hello@SheWins.co quoting the Service Provider name and all relevant details about the event. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
If any term or condition of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
You may not assign or transfer any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
These Terms and Conditions constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration via or the Website.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
Notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.
These Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.