Karen Finn – Menopause Wellness & Weight Loss Coach

Terms and conditions of use

  1. Introduction
    1. Please read these terms and conditions carefully, as they affect your legal rights.
    2. These Terms and Conditions (“Terms”) apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Karen Finn, the owner and operator of this Website. They apply to Karen Finn’s course(s), classes, calls, in-person and online consultations, and any other materials such as worksheet documents (“Course”) operated by or provided by Karen Finn.
    3. The agreement between Karen Finn and the person or entity registering to be a Participant in the Course or downloading any materials (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you purchasing the Course or downloading any materials from her and shall continue until terminated in accordance with these Terms.
    4. These Terms should be read in conjunction with Karen Finn’s Privacy Policy and Cookies Policy (which can be found at www.karenfinn.net (“site”)).
    5. In these terms and conditions, User or Users means any third party that accesses the Website and is not either part of Karen Finn’s team or engaged as a consultant or otherwise providing services to Karen Finn and accessing the Website in connection with the provision of such services.
  2. Course
    1. All content for either self-learn or guided Courses will be provided electronically unless otherwise stated.
    2. All of the content for self-learn Courses is provided online and is held on third party secure servers. Karen Finn has taken all reasonable steps to ensure that the online content will be available at all times but in the event that such content (or any content added by you or other members) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, Karen Finn shall have no liability in any circumstances.
    3. You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify Karen Finn immediately if you become aware of any unauthorised use of your account and you shall indemnify her against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.
  3. Payment
    1. The total price payable for the Course (or part of the Course) is as set out on the order form or proposal document.
    2. Without prejudice to any other right or remedy that Karen Finn may have, if any sum payable under these terms is not paid within 7 days of the date due, Karen Finn reserves the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC Bank Plc from time to time in force and/or (ii) suspend the availability of the Course until such time as payment is made or the Contract is terminated.
    3. The total price payable is exclusive of Value Added Tax (except where expressly stated otherwise) which shall be added at the applicable rate where necessary.
    4. All payments are non-refundable other than as set out in paragraph 5.2 below.
    5. Unless otherwise stated within the proposal or on the order form, 50% of the Contract value shall be payable on award and the remaining balance due on completion of the Course.
    6. For all self-learn Courses, no refund shall be payable following purchase due to their downloadable nature. Due to the digital nature of these Courses, your right to return within 14 days under EU law is not applicable.
    7. For all guided Courses, should you wish to cancel your enrollment prior to the commencement date, for guided courses only, the following cancellation policy shall apply:
      1. If cancelled prior to 14 days before commencement of the Course, a full refund shall be payable
      2. If cancelled 7 days before commencement of the Course, 50% refund shall be payable
      3. If cancelled within 48 hours of commencement of the Course, no refund shall be payable
  4. Obligations
    1. Karen Finn warrants to you that the materials within the Course are of satisfactory quality and reasonably fit for the purpose for which the Course is provided.
    2. Other than as set out in paragraph 4.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of teaching and the fact that your success is dependent on a number of factors over which Karen Finn has no control, she does not guarantee any particular results.
    3. Karen Finn will endeavour to ensure that all information that she provides is accurate and up-to-date but she shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
    4. You acknowledge and agree that your personal data will be processed by and on behalf of Karen Finn as part of her providing the Course to you and that she will do this in accordance with her Privacy Policy.
    5. You must ensure that the details provided by you on purchase of a Course/registration or at any time are correct and complete.
    6. You must inform Karen Finn immediately of any changes to the information that you provide when registering by updating your personal details to ensure she can communicate with you effectively.
  5. Term and termination
    1. The Contract shall continue until the earlier of the expiry of the Course term and termination in accordance with this clause 5.
    2. You may terminate the Contract at any time by emailing us at karen@karenfinn.net and clearly stating your wish to terminate and explaining how the Course has not enabled you to meet its stated objectives. If we agree (acting reasonably) that the Course has not enabled you to meet its stated objectives as a result of the Course (rather than as a result of your action or inaction or your personal attributes) we will provide you with a full refund of the amount paid by you up to that date for the Course.
    3. Notwithstanding the provisions of paragraph 5.1 or 5.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
      1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
      2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
      3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
    4. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
    5. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
    6. Any delay by Karen Finn in exercising our right to terminate the Contract shall not constitute a waiver of her right to terminate or to seek any other remedy.
    7. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
    8. This paragraph 5 shall survive termination of the Contract.
    9. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 5.7 and all other paragraphs that refer to “termination”.
  6. Intellectual property and acceptable use
    1. All Content included on the Website, unless added by Users, is the property of Karen Finn, her affiliates or other relevant third parties.
    2. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
    3. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
    4. You may, for your own personal, non-commercial use only, do the following:
      1. retrieve, display and view the Content on a computer screen;
      2. share content on social media only where it is provided with sharing buttons;
      3. recommend products to your friends; and
      4. download purchased products as a customer or Sanctuary subscriber/member and keep them safe.
    5. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Karen Finn.
    6. You are responsible for each and every access or use of the Website that occurs in conjunction with the use of your username and password.
    7. Use of your username and password is conclusive evidence that you have accessed the Website.
    8. You must keep your username and password confidential. You must not allow any third party to access the site using your username and password and take advantage of the site on your behalf by viewing any of the content.
  7. Prohibited use
    1. You may not use the Website for any of the following purposes:
      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;
      2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; and
      3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
  8. Links to other websites
    1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Karen Finn.
    2. Karen Finn assumes no responsibility for the content of such Websites and disclaims liability for any and all forms of loss or damage arising out of the use of them.
    3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
  9. Availability of the Website and disclaimers
    1. Any online facilities, tools, services or information that Karen Finn makes available through the Website (the Service) is provided “as is” and on an “as available” basis.
    2. Karen Finn gives no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, Karen Finn provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Karen Finn is under no obligation to update information on the Website.
    3. Whilst Karen Finn uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, she gives no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
    4. Karen Finn accepts no liability for any disruption or non-availability of the Website.
    5. Karen Finn reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  10. Limitation of liability
    1. Nothing in these terms and conditions will: (a) limit or exclude Karen Finn’s or your liability for death or personal injury resulting from her or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
    2. Karen Finn will not be liable to you in respect of any losses arising out of events beyond her reasonable control.
    3. To the maximum extent permitted by law, Karen Finn accepts no liability for any of the following:
      1. any business or personal losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
      2. loss or corruption of any data, database or software; or
      3. any special, indirect or consequential loss or damage.
  11. Medical policy
    1. All products and services offered by Karen Finn are for informational and educational purposes only. They are not intended to provide medical advice or to take the place of such advice or treatment from a personal physician.
    2. All Users of the content and information provided by Karen Finn are advised to consult their doctors, nutritionists and/or qualified health professionals regarding specific health questions.
    3. It is your responsibility to ensure there are no medical reasons why you shouldn’t embark upon any lifestyle changes such as intermittent fasting. If in any doubt at all, you should check with your doctor.
    4. Karen Finn does not take responsibility for possible health consequences of any person or persons reading, using or following the information in the educational content provided in her Course(s).
    5. Like most health coaches, Karen Finn is not a medical practitioner and cannot diagnose or treat specific conditions.
    6. If you are taking medications or have a diagnosed condition, you agree to seek approval from your healthcare practitioner before embarking upon any lifestyle changes, including intermittent fasting.
    7. Karen Finn does not guarantee any specific health or weight outcomes as a result of purchasing, using or implementing her Courses/products/services.
    8. Anybody with the following circumstances should not embark on intermittent fasting or use the products/services/content offered by Karen Finn:
      1. you are pregnant or breastfeeding;
      2. you have an eating disorder or a history of disordered eating; or
      3. you are under 18 years of age.
  12. General
    1. You may not transfer any of your rights under these terms and conditions to any other person. Karen Finn may transfer her rights under these terms and conditions where she reasonably believes your rights will not be affected.
    2. These terms and conditions may be varied by Karen Finn from time to time. Such revised terms will apply to the Website from the date of publication.
    3. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
    4. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
    5. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
    6. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
    7. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
    8. This Agreement shall be governed by and interpreted according to the law of England and Wales, and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts in England and Wales.
    9. By purchasing the Course you warrant that:
      1. you are legally capable of entering into binding contracts; and
      2. you are at least 18 years old; and
      3. all information you provide us with is materially true and accurate at all times and not misleading in any way; and
      4. you are purchasing the Course in your capacity as a personal user.
    10. You accept that communication with Karen Finn will be mainly electronic. Karen Finn or her team will contact you by e-mail, other communication options or provide you with information by posting notices on her site.
    11. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that she provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
    12. Karen Finn may vary these Terms (other than the price payable by you for the Course(s) as she sees fit from time to time and if she does, she shall notify you by email of the change of terms. Your continuation with the Course(s) will be deemed to be your acceptance of any new Terms.
    13. Karen Finn may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    14. If she fails to insist upon the strict performance of any of your obligations under the Contract, or if she fails to exercise any of the rights or remedies to which she is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    15. A waiver by Karen Finn of any default shall not constitute a waiver of any subsequent default. No waiver by her of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
    16. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    17. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
    18. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
    19. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with British law.
    20. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
  13. Details
    1. Karen Finn is a person located in England, based virtually with no physical office and operates the Website https://karenfinn.net.
    2. You can contact Karen Finn by email at karen@karenfinn.net.
    3. These Terms and Conditions were last updated on 1/10/2023.