Terms of Use
1. Introduction
1.1. The website at www.purposelyspiritual.com (“the Website”) is owned and operated by Diane Joiner (“we” “us”, “our”). Our contact email address is [email protected] (“we”, “us”, “our”).
1.2. These Terms and Conditions (“Terms”) along with our privacy notice and disclaimer, available on our Website, set out the basis on which you may access and use our Website and/or our associated social media channels and confirm the basis on which we supply any of our goods or services shown or described on our Website (“Products”) to you. When you access, visit or use our Website your use constitutes acceptance to the Terms. If you do not intend to be bound by them please do not visit or use our Website, or proceed with any order or purchase from our Website.
1.3. For the purposes of these Terms, the definition of Website shall include our other online platforms or social media channels.
1.4. Should you have any questions concerning the content of these Terms then please contact us at [email protected]
1.5. We reserve the right to make changes to these Terms at any time. All changes will be posted on our Website and you will be responsible for regularly checking for any updates. Your first use of our Website following any changes constitutes your acceptance of the updated Terms therefore please review these Terms regularly to keep informed of any changes.
1.6. If you purchase a particular service or product from us then you may be asked to agree to separate Terms and Conditions which are specific to that product or service. Should a dispute or conflict arise then any separate terms and conditions that are agreed will take priority over these general terms and conditions.
2. Accessing our Website
2.1. Our Website is intended for individuals over the age of 18.
2.2. Access is provided free of charge and on an ‘as available’ basis and we shall not be liable if you are unable to use or access it for any reason.
3. Information contained on our Website
3.1. Our aim is to provide you with information, resources, support and guidance. Unless we state otherwise, the information we provide is intended for general access and information which means it is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances. If you choose to
make a decision based upon information from our Website you do so at your own risk. We do not accept liability for any direct, special, indirect or consequential damages, or any other damages of whatsoever kind arising from use or loss of use, data, profits, reputation or goodwill or any such anticipated losses whether arising in contract, negligence or other tortious action due to or connected with your use of our Website or any information obtained either directly or indirectly from our Website.
3.2. Whilst we shall use our reasonable efforts to ensure that any information we provide through our Website is accurate at the time it was included, occasionally there may be inadvertent errors for which we apologise.
4. Purchases made through this Website
4.1. When you place an order to access or purchase any of our Products or Services (“Order”) you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2. Your Order is a contractual offer that we may choose to accept. After placing your Order you will receive an acknowledgment email which confirms your Order details.
4.3. Our acknowledgment email is not acceptance of your Order. Your Order will only be accepted when we are satisfied that the details of the Product are correct, that payment has been approved and that we are able to fulfil your Order.
4.4. If your Order is not accepted we will notify you by email and provide a full refund.
4.5. We will confirm acceptance of your Order and our legally binding contract (“Contract”) by sending a confirmation email.
4.6. When you place an order to access or purchase any of our products or services in addition to 4.1 you are confirming that you agree that – The information contained within our products or services is for general information, educational and entertainment purposes only. Purposely Spiritual assumes no responsibility for errors or omissions in the contents on the Service or guarantees a particular outcome as this will be unique to you and your interpretation. None of the readings are fortune telling, they are intended to help you make choices based on your present situation in order for you to experience a more joyful life. You are responsible for your own choices in life and should seek professional help where needed. You will not engage, act upon or seek any general, live, or private bookings if you are aware that you have a medical or mental (psychiatric) health condition that may affect your interpretation of any readings or information within this group.
4.6. If your purchase includes digital content or other content available for immediate access or download, then by completing your Order you accept and understand that by receiving immediate access to that digital content that you will lose your right to cancel your Contract other than as set out within these Terms.
4.7. All images shown on our Website are for illustrative purposes only and any sizes or dimensions are approximate. We accept no liability for colours not matching the colour displayed on your viewing monitor.
4.8. Where you purchase goods from us as a Consumer then you have a right to cancel your Contract and receive a full refund within 14 days starting from the day after you receive the Product/Service.
4.9. As a consumer, should you wish to cancel your Contract within the 14-day period then you must notify us in writing by email to [email protected]
4.10. When cancelling in accordance with clause 4.9 above, you will be responsible for returning your purchased Product to us in the same condition it was supplied to you and you will be responsible for all costs of returning it to us. We shall only process a refund due to you once we safely receive your returned Product in an unused and undamaged condition.
4.11. The purchase price of all Products and services will be as shown on our Website and your payment checkout page at the time of purchase.
4.12. If you choose to make payment by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you’ve still received access to the product or service then you agree to provide full payment within 7 days from access to the Product/Service being provided.
4.13. We reserve the right to change our prices at any time. Any changes will not affect the price where payment has already been made and a welcome or confirmation email sent.
4.14. In the event it comes to our attention that a Product or Service on our Website is incorrectly priced, where the correct price is lower than the price shown on our Website, we shall charge the lower amount. Where the item’s correct price is higher than the price shown on the Website, we shall contact you to ask whether you wish to proceed with the purchase at the correct, higher price, or we shall reject your Order and notify you that your Order has been rejected.
4.16. Where a pricing error exists and that error is obvious, unmistakable and could have been reasonably recognised by you then we shall have no liability or obligation to provide the product or service to you at the lower, incorrect price.
4.17. Where we offer a discount or other promotional offer or code then these will be subject to individual terms and conditions.
Refund Policy
4.18. No refunds shall be provided, save where there is a fault with any goods purchased or where the circumstances in clause 4.8 above, apply.
4.19. For consumer purchases only, refunds will only be offered where notice of cancellation is provided within 14 days following receipt of the Product. Once the 14-day period following delivery of, or access to, the Product has passed, no refunds shall be provided.
4.20. In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with your purchase then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall be responsible for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of £50 per hour.
4.21. Where you discover a fault with your Product then please contact us. We will arrange for return of your Product (where applicable) and upon satisfactory inspection, we will provide you with a full refund. We will not be liable where there is a fault and we have provided you with update or instructions which you have failed to follow or implement.
4.22. All Products purchased will be delivered within 14 days from the date of purchase unless otherwise we advise otherwise in writing or as agreed with you at the at the time of purchase.
4.23. We retain all rights, however arising, in all Products until full payment has been received by us.
4.24. Any Products offered for sale through our Website are to be used as described on the Website and on the basis of these Terms or any separate Terms and Conditions that apply to that Product.
4.25. We warrant that our Products are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used as described on the Website.
4.26. Save for the warranty set out above, all warranties and representations are excluded to the fullest extent of the law.
4.27. Re-selling or distribution of any of our Products without our express consent in writing is prohibited.
4.28. Your Contract will be between you and us. You cannot transfer your rights and obligations under these Terms without our written approval and no third party shall have any right to enforce any of these Terms.
5. Purchase of private mentoring sessions (to include programmes, courses and readings)
5.1. Where the Product you purchase includes the provision of private one-to-one coaching sessions (“Sessions”) these will take place face to face or via online meeting facility, as agreed, and you will be responsible for scheduling your Sessions with us.
5.2. You agree to attend your Sessions at the agreed time and place and when you attend to be free from disruptions and ready to focus with any agreed actions completed.
5.3. If you need to cancel and reschedule a Session, you agree to provide at least 72 hours notice, otherwise you will forfeit the right to that Session. Any rescheduled Sessions must take place within the same calendar month otherwise you’ll forfeit the right to that Session. Sessions will not be carried over.
5.4. If we are waiting for you to attend a Session for more than 15 minutes, we reserve the right to treat you as a no show and you will forfeit your right to that Session.
5.5. Where Sessions take place at a third-party venue, you agree to conduct yourself in a responsible manner at all times and accept that you shall be responsible for your conduct and your belongings.
6. Complaints or Concerns
6.1. If you have any concerns about our Website or if you experience a fault or other issue with our Website then please let us know by email to [email protected]
7. The content we provide to you through our Website and Products
7.1. When you access or use our Website or purchase any of our Products or Services you agree not to copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of our Content or assist others in carrying out any such activities without our express written permission.
7.4. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within these Terms shall be construed as any form of implied or express licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
8. Confidentiality
8.1. The protection of confidentiality is very important to us. If, in connection with your purchase of or use of, any of our Products you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
8.2. Where we disclose Confidential Information to you, then you acknowledge and agree that the Confidential Information belongs solely and exclusively to us, and that you will not share it or use it in any way other than in discussions as intended as part of your use of the Product;
8.3. In these Terms, Confidential Information means ideas, know-how, business practices, customer/client details, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms;
8.4. Our obligations shall not apply where it’s necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where we reasonably believe you are at risk of danger to yourself or others.
9. Your Personal Data and how we use it
9.1. Any Personal Data you provide to us during your use of our Website or in connection with the purchase of any of our products will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the General Data Protection Regulation 2016/679. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.purposelyspiritual.com.
10. Acceptable Use of our Website
10.1. You may only use and access our Website in a way which is lawful and in accordance with these Terms and in particular:
10.1.1. you must ensure that you comply fully with any applicable local, national and international laws, guidance and regulation;
10.1.2. you must not use any part of our Website in a way which is unlawful and/ or fraudulent;
10.1.3. you must not use our Website to transmit data that contain any form of virus, malicious software or code which is designed to cause damage or could have an adverse effect on any computer hardware or software;
10.1.4. you must not use our Website in any way that will, or is intended to, cause upset, distress or harm to any individual in any way;
10.1.5. you must not try to gain unauthorised access to our Website or any computer hardware or software connected to our Website;
10.1.6. you must not use our Website or any of its content for any commercial purposes or benefits without first obtaining our express written permission or licence if applicable;
10.1.7. you must not use our Website for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
10.2. You are permitted:
10.2.1. to view the Website in a web browser;
10.2.2. to download or print any free resources which are explicitly marked suitable for download;
10.2.3. to download the Website or parts of it for caching;
10.2.4. to post to our Website or social media channels where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any content posted by you.
10.3. Where we offer a free resource on or through our Website, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.
10.4. Where you choose to post as set out above, you agree that you will not post any content or information which could cause damage, harm, upset or distress to another user of our Website or that may cause damage to our business or reputation. In the event it is determined that you have posted any content or information in breach of this sub-clause then we reserve the right to remove such content immediately, to terminate your access to our Website and to take such action as is necessary to the full extent of the law;
10.5. Where you choose to post any content or information as set out above you are also providing us with a full and unlimited, non-exclusive and unrestrictive world-wide licence to use, copy, publish, distribute and sell the content you post in whole or in part. By posting you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.
10.6. We reserve the right to suspend or terminate your access to our Website where we determine that you are in material breach of this Clause or any other conditions contained within these Terms. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.
10.7. Our Website may contain links to other websites. We are not responsible for these websites and they are not under our control. We have no knowledge of the privacy policies and practices of those sites, their site content, or whether cookies or other tracking devices are used and therefore we do not accept responsibility for, nor any liability in connection with, these third-party websites. If you have any concerns regarding the privacy of your information you should ensure you are aware of the privacy policies and terms of use of those sites before accessing them or disclosing any personal information.
10.8. You may link to our Website provided the following conditions are met:
10.8.1. You have obtained our written permission;
10.8.2. the link is undertaken in a fair manner;
10.8.3. the link is owned by you;
10.8.4. the link is not unlawful and does not damage our reputation or seek to take advantage of it;
10.8.5. the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and
10.8.6. you do not use any images, logos, trademarks, branding details or other content displayed on our Website without our express written permission.
10.9. We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.
11. Events outside of our control
11.1. We shall not be responsible for any failure to perform, or a delay in the performance of any of our obligations under these Terms should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control.
11.2. Should an Event arise which affects our performance then:
11.2.1. we shall contact you as soon as possible; and
11.2.2. the time for performance under our contract and our obligations under these Terms will be suspended for the duration that the Event continues; and
11.2.3. if your delivery date is affected by an Event then we shall contact you with an updated delivery date once the Event is over; and
11.2.4. you have the right to cancel your contract in accordance with the cancellation terms set out above. We reserve the right to cancel your contract where an Event continues for longer than 12 weeks.
11.3. All refunds will be considered in accordance with our refunds policy set out above.
12. Warranties and guarantees
12.1. We do not warrant or guarantee that your access to our Website will be:
12.1.1. available or accessible at all times;
12.1.2. accessible via your particular hardware or software;
12.1.3. free from interruptions or errors;
12.1.4. free from defects;
12.1.5. free from viruses ‘or’
12.1.6. suitable for your particular personal situation or circumstances.
12.2. We do not warrant or guarantee that the Website and any Content is:
12.2.1. accurate, up to date or free from any errors or inaccuracies;
12.2.2. accessible and/or compatible with your hardware and software;
12.2.3. not capable of infringing any third-party rights; or
12.2.4. suitable to meet your required expectations or needs.
12.3. Where we use testimonials or feedback from our customers and/or clients on our Website this content is not to be taken as a guarantee that any current or future customers or clients will receive the same benefits or results. Testimonials are included on the Website purely as an example of the experiences other individuals have encountered in connection with our products or services.
12.4. As part of your purchase of certain Products you may have access to Content and information designed to benefit you but it shall be your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
12.5. We have made every effort to accurately represent our Products. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to any of our Products.
13. General
13.1. Should any part of these Terms be deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
13.2. These Terms shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.