TERMS OF SALE FOR PURCHASES OF SERVICES AND DIGITAL CONTENT

What these terms cover. These are the terms and conditions (“Terms”) on which we supply our Plenty More Programme (“Programme”) to you.

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 between you and us is made. This key information is set out in these Terms and on the sales page on our website for the Programme you are purchasing.

The key information we give you by law forms part of this contract as though it is set out in full here.

If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Programme to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

When buying the Programme from us, you also agree to be legally bound by:

• our Website Terms and Conditions at https://www.raydodd.co.uk/terms-conditions and any documents referred to in them

All of the above documents form part of the contract between us as though set out in full here.

Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.

• You are buying the Programme from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.

Our interactions with each other. Both you and we agree to approach the Programme with unconditional positive regard for each other. Both you and we agree to practice radical honesty in all our communications in connection with Programme and with these Terms.

INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Ray Dodd Limited. We are registered in England and Wales under company number 11080799 and have our registered address at 3 Preston Place, Chapel Street, Faversham, Kent, ME13 8ER, United Kingdom.

How to contact us. To contact us, please email us at hey@raydodd.co.uk or via the Contact page on our website.

OUR CONTRACT WITH YOU

How to make an order from us. Below, we set out how a legally binding contract between you and us is made.

You place an order for the Programme by adding the Programme to a shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase your place on the Programme, you must click the BUY NOW button. When you click the BUY NOW button, you understand and agree that you will be charged for the Programme via the payment details you have provided.

How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, for any reason and at our absolute discretion, we will inform you of this in writing and will not charge you for the Programme, or we will immediately refund you if your payment has been processed.

PRICE AND PAYMENT

Where to find the price for the Programme. The price of the Programme will be the price indicated on the sales page(s) when you placed your order on our website. We use our best efforts to ensure that the price of the Programme advised to you is correct. However please see below for what happens if we discover an error in the price of the Programme. The price of the Programme is in Pounds Sterling (£) (GBP), and includes Value Added Tax (“VAT”) at the applicable rate.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we commence supply of the Programme, we will adjust the rate of VAT that you pay, unless you have already paid for the Programme in full before the change in the rate of VAT takes effect.

What happens if we got the price wrong. It is always possible that, despite our best efforts, the Programme may be incorrectly priced. We will normally check prices before accepting your order so that, where the Programme’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Programme’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

When you must pay and how you must pay. We accept payment with debit and credit cards. When purchasing the Programme, you must pay:

• in full at the time of purchasing your place in the Programme, if you are choosing to pay by way of a single, annual payment; or

• by way of 12 equal monthly instalments, commencing in September 2021, if you are choosing to pay by way of a payment plan.

Where you are paying by way of payment plan or instalments. Where you are paying the price by way of payment plan or instalments, the following conditions will apply:

• you acknowledge and agree to paying the price by way of an ongoing recurring fee, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing monthly fee will continue to be deducted without further consent from you or notice from us, until either payment for the Programme is complete, or you end the contract as described below, or we end the contract as also described below.

• If you do not pay us an instalment for the Programme when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Programme until you have paid us the outstanding amounts.

Your payment information. We will do all that we reasonably can to ensure that all of the information you give us when paying for the Programme is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.a

OUR RIGHTS IN RELATION TO THE PROGRAMME

Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

Our intellectual property rights in relation to the Programme. We are the owners or licensees of all intellectual property rights in the website, and the Programme you purchase, including any databases that hold relevant information about the website or the Programme. These rights are protected by copyright or trade mark registration and you may only use the Programme, or any part of it, in accordance with these Terms.

Upon payment of the price for the Programme, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the content of the Programme for your own personal, non-commercial use.

You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer the Programme, or any part of the Programme, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.

PROVIDING THE PROGRAMME

Inclusions in the Programme. The Programme is an 8 week commitment to services, which works as follows:

• The course starts on Monday 9th May.

• The course is 8 weeks long. This includes 7 weeks of content with one break in the middle.

• New content will be uploaded and available for you to watch each week

• These will be 5-20 min videos.

• Every Thursday at 10 am we will have a live group coaching call.

• There will be replays available for everything.

• We will also have a community based on Facebook.

We may change parts of the Programme. We reserve the right to at any time change or alter any of the elements of the package as described above, including but not limited to the quantity, the length, the description, the timeframe for delivery, the format or the location of the elements. However, you will always be entitled to receive the Programme elements that were advertised to you at the time of your purchase. We will do our best to provide you with at least 24 hours’ notice of any change or alteration to any of the elements mentioned above. Where we are not able to provide this notice due to unforeseen circumstances or circumstances beyond our control, we will not be in breach of these Terms.

You are responsible for your availability for the Programme. You acknowledge and agree that the scheduling of the Programme, and any parts of the Programme, will be based on the best availability of all participants. In this regard, we are unable to guarantee that every element of the Programme will be provided to you at a time, location and in a format which is suitable to you. We strongly urge you to advise us of any scheduling constraints you may have, and whilst we cannot guarantee any particular outcome, we will make our best endeavours to accommodate your needs. You will not be entitled to a refund for any element of the Programme which you are not able to, or choose not to, utilise.

Where the Programme is an ongoing service. We will supply the Programme and its content to you until either the Programme is complete, or you end the contract as described below, or we end the contract as also described below.

We are not responsible for delays outside our control. If our supply of the Programme is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any parts of the Programme you have paid for but not received.

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Programme to you. If so, this will have been stated in the description of the Programme on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Programme late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Reasons we may suspend the supply of Programme to you. We may have to suspend the supply of the Programme to:

• deal with technical problems or make minor technical changes;

• update the Programme to reflect changes in relevant laws and regulatory requirements;

• make changes to the Programme as requested by you or notified by us to you.

Your rights if we suspend the supply of Programme. We will contact you in advance to tell you we will be suspending supply of the Programme, unless the problem is urgent or an emergency. If we have to suspend the Programme, we will adjust the price so that you do not pay for Programme while it is suspended. You may contact us to end the contract for the Programme if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Programme in respect of the period after you end the contract.

We may also suspend supply of the Programme if you do not pay. If you do not pay us for the Programme when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Programme until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Programme. We will not charge you for the Programme during the period for which it is suspended.

YOUR RIGHTS TO END THE CONTRACT

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.

You will only be entitled to a refund if you are permitted one by law. If you choose to leave the Programme at any point prior to its completion, you will not be entitled to a refund for the price you have paid either by way of a single payment, or by way of a payment plan unless the law says you are entitled to a refund, as described below. Withdrawing from the Programme, lack of participation, terminating your payment plan, or inability to partake in any of the Programme elements for any reason will not entitle you to a refund, neither in part nor in full. If at any time you are experiencing financial hardships, please let us know by emailing us at hey@raydodd.co.uk to discuss the matter further.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any part of the Programme which have not been provided and you may also be entitled to compensation. The reasons are:

a) we have told you about an upcoming change to the Programme or these Terms which you do not agree to;

b) we have told you about an error in the price or description of the Programme you have ordered and you do not wish to proceed;

c) there is a risk that supply of the Programme may be significantly delayed because of events outside our control;

d) we have suspended supply of the Programme for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

e) you have a legal right to end the contract because of something we have done wrong.

Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most purchases bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running.

How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day we email you to confirm we accept your order. If you cancel after we have started the Programme, you must pay us for the parts of the Programme provided up until the time you tell us that you have changed your mind.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at hey@raydodd.co.uk

You may use the model cancellation form below, but you are not required to:

Cancellation form

To Ray Dodd

Ray Dodd Limited

3 Preston Place

Chapel Street

Faversham

Kent

ME13 8ER

United Kingdom

hey@raydodd.co.uk

I hereby give notice that I cancel my contract of sale of the Plenty More Programme, ordered on [customer to insert purchase date].

Name of customer: [customer to insert name]

Address of customer: [customer to insert address]

Date: [customer to insert date]

How we will refund you. If you are entitled to a refund under these Terms, we will refund you the price you paid for the Programme by the method you used for payment. However, we may make deductions from the price, as described below.

When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Programme for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind.

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract for the Programme at any time by writing to you if:

a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due; or

b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Programme; or

c) you breach any of these Terms.

You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for the parts of the Programme we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

We may withdraw the Programme. We may write to you to let you know that we are going to stop providing the Programme. We will let you know at least one (1) month in advance of our stopping the supply of the Programme and will refund any sums you have paid in advance for Programme which will not be provided.

IF THERE IS A PROBLEM WITH THE PROGRAMME

How to tell us about problems. If you have any questions or complaints about the Programme, please contact us via email at hey@raydodd.co.uk

YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES IF YOU ARE A CONSUMER

If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or https://www.cas.org.uk/

If your purchase is for services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

YOUR RESPONSIBILITIES IN RELATION TO THE PROGRAMME

You have certain responsibilities in relation to the Programme. You agree that you are purchasing the Programme for your private, non-commercial use only. You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any part of the Programme that you purchase through this website or from us unless agreed with us in writing.

Confidentiality of information shared. You acknowledge and agree that other Programme members may share personal and sensitive information, and you may have access to this personal and sensitive information in your time as a member of the Programme. Without reservation you agree to keep all matters shared in written, verbal, audio or visual format strictly confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained. You also agree not to use any confidential information which Programme members share about their business, ideas, intentions or concepts to create, conceive, draft, design, plan or otherwise make a product or service similar to the product or service which is the subject of the Programme members’ disclosure.

You acknowledge and agree that any information you share in the Programme is done so entirely at your own risk. We take no responsibility or liability for the release of any information by any members of the Programme.

You will keep the Programme secure. You are responsible for ensuring that you do not lose, destroy, or damage any part of the Programme you purchase through this website or from us.

You will ensure your own technical compatibility. You are responsible for ensuring that any hardware you use to download and/or access the Programme functions correctly with our website or any alternative platform on which we make the Programme available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.

You will keep any login details confidential. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We do not guarantee you any outcomes. Whilst we have utilised in creating the Programme, and we will always in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the Programme as any such outcome will vary based on the level of effort, engagement and implementation on your part. You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the Programme.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Programme.

When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. If you are a consumer we only supply the Programme to you for domestic and private use. If you use the Programme, or any part of the Programme, for any commercial, business or re-sale purpose our liability to you will be limited as set out below.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

Nothing in these terms shall limit or exclude our liability for:

a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

b) fraud or fraudulent misrepresentation;

c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Subject to the clauses above,

a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Programme under these Terms.

HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy, a copy of which is available here: https://www.raydodd.co.uk/terms-conditions

OTHER IMPORTANT TERMS

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Programme, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws in England and Wales and you can bring legal proceedings in respect of the Programme in the English and Welsh courts.