Terms & Conditions
For Courses & Free Resources

The terms and conditions set out in this document, together with our Privacy & Cookie Policy, constitute the details of our agreement in its entirety.
These terms refer to courses (free and paid) and free resources. Paid services are subject to different and specific terms.

GENERAL TERMS

You warrant that you have read and accepted these terms prior to accessing or purchasing any course or resource. To request an additional copy of these terms, please email This email address is being protected from spambots. You need JavaScript enabled to view it.

Should you disagree with these terms, please do not proceed to access or purchase any products.

These terms will apply from the date you purchase a course/programme or register on the site, whichever is soonest and will continue to apply to all further purchases.

We reserve the right to change these terms at any time. An up to date version of terms will always be available on this website and can be requested at any time by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. .

YOUR RESPONSIBILITIES

In using the website and products/services made available, you undertake to abide by these terms and conditions and to maintain lawful conduct at all times.
If you breach any aspect of these terms, we may at our sole discretion, terminate your licence to use the products available on the site including those you have purchased. We may also cancel your registration and restrict you from using the website. Refunds will not be made in these circumstances and any outstanding payments will remain payable.

PROVISION OF SERVICES

When accessing a free resource or purchasing a paid course, you are granted a fully revocable, non-transferable, non-exclusive, single-user licence to access online training materials and to download permitted content from the courses.

We reserve the right to modify, suspend or discontinue any aspect of the service, online content and courses without obligation to provide prior notice to you. We will not be liable to you or any third party for modifications or the withdrawal or suspension of courses and content.

PAYMENT

All courses and programmes must be paid for in advance by one of the payment methods on the purchase page. Payment plans may be offered for individual programmes and courses.

Prices of courses include taxes, where applicable, and will be displayed on the course page. Prices may be changed at any time.

REFUND POLICY

Refunds will not be made for courses that have already been accessed or where any materials have been downloaded except at the sole discretion of Polly Hearsey Marketing. By proceeding with your purchase you expressly agree to this term.

If you wish to request a refund for a product that you have not yet accessed, you should email This email address is being protected from spambots. You need JavaScript enabled to view it. to make a request within 14 days of purchase. Refunds will be made via the original payment method only. Should a refund be granted, your access will be revoked for the course(s) that have been refunded.

INTELLECTUAL PROPERTY RIGHTS

All content is owned by Polly Hearsey Marketing (the provider) and the intellectual property rights are wholly retained by the provider.
Courses and course materials are supplied for your private use and cannot be copied, distributed or otherwise shared (wholly or partly) without the express written content Polly Hearsey Marketing. You may not reproduce, modify, display or resell any of the content.
You acknowledge that the licence granted to access courses and resources does not transfer ownership, copyright or any other intellectual property rights to yourself. Downloads may be offered within the courses, these also remain the intellectual property of Polly Hearsey Marketing and may not be shared, modified, reproduced or resold.

EXTERNAL LINKS

The Website may contain links to pages on other websites. The provision of links does not constitute or imply endorsement of these sites. We do not author, edit, control, or monitor these sites and have no responsibility for the accuracy or availability of information on these sites. Links to external sites may be removed at any time, for any reason. We will not be liable for any business or transactions conducted by you with third parties on any external sites.

DATA PROTECTION

In order to provide the products and services through this website, and to comply with legal requirements, we need to collect certain information from you. We will only collect the minimum information required to deliver the services and meet our legal obligations. We will use the data we collect for some or all of the following:
• To maintain our internal records and meet our legal obligations.
• To improve the products and services provided.
• To get in touch with you should you have a query regarding products or services available.
• To send you promotional information via email on products, services, offers and other relevant information.

We will not share your information with third parties for any purposes other than to meet our legal obligations.

You can see the full details of how we will handle your information in our Privacy & Cookie Policy.

FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by Force Majeure events outside our reasonable control.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period

LIMITATION OF LIABILITY

You agree to indemnify Polly Hearsey Marketing in respect of any costs, claims, demands, losses or liabilities (including reasonable legal fees) incurred by Polly Hearsey Marketing as a result of or arising in any way from a claim by a third party which results from any breach by you of the provisions contained in these Terms.

You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
1. you participating in the Online Content and Courses;
2. your access to or use of the Website or Online Content and Courses;
3. your breach of any of these Terms; and
4. any negligent act or omission, deliberate default or breach of statutory duty on your part.

Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.

The Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms. This includes:
1. any loss of profit (directly or indirectly);
2. any loss of goodwill;
3. any loss of opportunity; or
4. any loss of data suffered by you.

DISCLAIMER

You accept that you are 100% responsible for your own progress and results from participating in any courses or programmes. We cannot guarantee any specific results. You acknowledge that you have full control over how you use and implement the advice offered and you acknowledge that any results are dependent on you applying the techniques and advice in a way that is appropriate for your business.

You acknowledge and accept that any results you achieve are dependent upon you completing the course and applying the techniques and advice in a way that is appropriate for your individual business and you acknowledge that we have no control over how you use and implement the advice offered. We assume no responsibility for errors or omissions that may appear in any program materials.

GOVERNING LAW

These Terms and Conditions and the agreement between us and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with English law. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of these Terms and Conditions and the agreement between us.

This agreement is made between you and Polly Hearsey Marketing, Herefordshire HR2 0AY UK. You can contact Polly Hearsey Marketing by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Terms and Conditions for Group Programmes

 

By proceeding to purchase a place on a group programme, you agree to the terms and conditions as outlined below.
Please download and keep a copy of these terms for future reference.
Should you need an additional copy, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

YOUR PROGRAMME

The programme details and terms – as outlined on the programme information and sales page – will be confirmed upon receipt of payment.
You will either be sent or have access to welcome information which covers the requirements and expectations for the programme and critical pre-programme preparation to help you get the most from the experience. Please ensure you read this as soon as possible after securing your place.
If you have any questions about the programme, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

GROUP CALLS & SUPPORT

Group calls will be arranged for a set time and will take place via Zoom. All call recordings will be available to access whenever you like.

Should any session need to be rearranged due to unexpected circumstances, I will endeavour to provide at least 24 hours’ notice.

During the programme you will have access to email support to answer your questions, request feedback and support you in implementing the programme activities. I will endeavour to answer all questions within 24 hours.

I will check in with you regularly to see how you are getting on and make sure you are getting everything you need to make the most of your programme. Please put aside adequate time to follow up on the programme content and tasks.

INCLUSIVE ONE TO ONE SESSIONS

For programmes including a one to one session, you will receive details via email to arrange a suitable time for your session. One to one sessions must be taken during the programme or within 4 weeks of the final programme call or they will be forfeit.

You will be able to record your one to one sessions for future reference.

Should I need to reschedule a one to one session I will do my best to provide you with at least 24 hours’ notice. Should you need to reschedule a session, you also agree to provide 24 hours’ notice.

UNEXPECTED DISRUPTION

Life throws up some challenges sometimes – illness, domestic emergencies and other issues may come up and we agree to remain flexible and understanding in these circumstances.

Equally in circumstances beyond our control, including Force Majeure events, it is understood that calls, sessions, feedback and follow up may be unavoidably delayed and we agree to work around such events.


Privacy & Data Protection


Please read the Privacy Notice here to understand how your data will be used and managed.

When you register, you will be invited to join my mailing list. This will ensure you have access to not only general information but will also ensure you receive exclusive client emails and content.

Group calls are recorded to ensure all participants have full access to the programme content. These will be uploaded to a video sharing platform such as Vimeo or YouTube with a private or unlisted link. Should you wish to share any personal or sensitive information in a group call that you do not wish to be recorded, you can request that the recording is paused to ensure your privacy is respected and protected.

Information shared in group calls by all members is confidential and is not to be shared outside of the programme. You agree to maintain confidentiality at all times.

CANCELLATION & REFUNDS

CANCELLATION PRIOR TO THE START OF YOUR PROGRAMME

Should it be necessary to significantly adjust the start and finish dates of the programme, you will be offered either a refund or participation on the revised dates.
Should I need to cancel the programme, I will provide a full refund of any fees paid or offer you a place on future run of the programme.
You have the right to cancel your place on the programme within 14 days of purchase and receive a full refund provided that the programme has not already begun.

CANCELLATION AFTER THE PROGRAMME STARTS

Should I need to cancel the programme for any reason, I will explain this to you and give you as much notice as is feasible. I will refund you a pro-rata payment for any portion of the programme not yet undertaken or offer a free place on a future run of the programme.

Should you not be able to complete any part of the programme for any reason, refunds will only be made in exceptional circumstances and are purely discretionary.

Please note that any digital content supplied cannot be refunded under any circumstances once it has been accessed.

KEEPING IT ALL ON TRACK…

I want you to be happy. If there is anything that isn’t right, tell me about it so we can sort it out as quickly as possible.

IF YOU ARE HAPPY…

And that’s the goal, I’d love for you to tell me about it by completing the end of programme questionnaire.
Some things to bear in mind


The programme is not a substitute for professional advice on legal, financial or other qualified issues and you agree that you will seek independent professional guidance for such matters.


The programme is not counselling or therapy – if you feel that you need these services, you should seek suitably qualified assistance.


The programme is not a guarantee of results – the power to create results lies within you, your determination and critically the action you take.

THE TECHY LEGAL BITS….

LIMITATION OF LIABILITY


Except as expressly provided in this agreement, I make no guarantees or warranties, express or implied. In no event will I be liable to you for consequential or special damages. Notwithstanding any damages that you may incur, my entire liability under these terms, and your exclusive remedy, will be limited to the amount paid by you to me under these terms for all services rendered up until the end of the programme.

GOVERNING LAW


This agreement shall be governed by and construed under English Law. In the event of any dispute between us, we shall first attempt to settle such a dispute in good faith, including by mediation. In the event that such a dispute cannot be resolved, it shall be decided by the Courts of England and Wales.


INTELLECTUAL PROPERTY RIGHTS


As part of your programme I will share materials that I have created and produced. These materials are key to my unique approach and will form a critical part of your programme. The intellectual property rights (including copyright) for these materials are held by me and I retain all ownership rights and interests. You agree not to copy, share or reproduce these without prior written consent. You agree not to share or reproduce any content from group calls without explicit written consent from all parties to the calls.


PAYMENT OPTIONS


Should you need to make payment by an alternative method to that offered on the programme sales page, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. to discuss options. Please note that spaces cannot be guaranteed until payment is received.


PAYMENT PLANS


You are responsible for making all payments outlined in the payment plan. Once the programme has begun, even if you are unable to proceed with your place, you will still be required to pay all the instalments on the plan (excepting where a discretionary refund is agreed).

If the payment schedule is not maintained then your access to the programme will be removed until such time as the payments are brought up to date.
Initial payment instalments or deposits are non-refundable.

 

Terms and Conditions for Individual Mentoring

 

 These are the general terms and conditions of mentoring as of 15th August 2021

These terms form the basis of your agreement with Polly Hearsey in the provision of mentoring support.

Sessions

Sessions will be conducted online using Zoom or alternative video conferencing system.

You will be able to record your sessions directly to your computer. No other recording will be made of your sessions.

Sessions are typically 45 to 90 minutes and will be booked for an agreed time.

Flexible Mentoring

Flexible mentoring gives you the opportunity to book single or multiple sessions on a one off or rolling basis.

Sessions are 60 minutes and a maximum of 3 can be booked per month.

New clients need to book 3 x 60 minutes minimum to cover the foundations of Business Energetics, before moving onto fully flexible mentoring.

If booking rolling mentoring, these terms are subject to change at any time though you will be advised before any changes are implemented.

Should you wish to end your rolling mentorship at any time, please provide as much notice as possible but no less than 14 days.

Fees will be advised at the time of your booking. Fees are subject to change at any time and you will be advised in advance of any changes in fees. For rolling mentoring, there will be a 1-month period before new fees are applied.

Please see the relevant sections below regarding payment options, cancellation and refunds.

Client Portal

A dedicated client area is available for all clients housing resources and enabling collaboration and networking. You will be invited to join this space when you sign up for any mentoring options.

Support

I will be available to provide support via email or messenger in between your sessions and will do my best to respond within 24 hours; generally it will be much faster. I will also check in with you regularly to see how you are getting on.

Payment Options

Payment in full must be received prior to the start date of your mentoring unless a payment plan option is available. Payment can be made by the following methods:

 UK Bank transfer
 Wise for international bank transfers
 Stripe or PayPal for card payments

Flexible Mentoring Payment

For bookings of 3 sessions or less, payment in full is requested prior to the first session and is due no less than 48 hours prior to the first session.

For bookings of more than 3 sessions or rolling mentoring, payment is either monthly or per session. This will be agreed at the outset.

Payment Schedules

For agreed payment schedules, payment will be requested by invoice.

If the payment schedule is not maintained and we do not mutually agree any variations to this agreement in writing, then further support will be halted until such time as the payments are brought up to date.

Initial payment instalments or deposits are non-refundable.

Reservation Fees

Where available, reservation fees will secure your booking. Reservation fees are non-refundable, except where I am unable to provide you with mentoring. Mentoring programmes or sessions must be held within the notified time or reservation fees will be forfeit.


CANCELLATION & REFUNDS

Should I need to cancel our agreement prior to the start of support I will provide a full refund of any fees paid.

You can cancel the agreement within 14 days of signing and receive a full refund provided that support has not already begun. If your first session is held within 14 days of signing, refunds will be purely discretionary.

Please note that any digital content supplied cannot be refunded once it has been accessed.

Cancellation after support starts

Should I need to cancel our agreement for any reason, I will explain this to you and give you as much notice as is feasible, ideally 30 days’ notice. I will refund you a pro-rata payment for any mentoring not yet held.

Should you need to cancel our agreement, you agree to endeavour to provide 30 days’ notice. Any refund of fees paid that might be made will be purely at my discretion. Once support has begun, any sessions not used will not be refunded but may be rescheduled for up to 3 months after the initial payment.

Flexible Mentoring Cancellation & Refunds

In addition to the above terms on cancellation and refunds, the specific terms apply to flexible mentoring.

A minimum of 14 days’ notice is required to end rolling mentorship.

Any unused sessions must be booked within 3 months of notice being given. Refunds of sessions paid upfront but unused are discretionary.

Pro-rata refunds will not be made should you need less time in a session than you have booked. There will be flexibility, where possible, to average out session length.

RESCHEDULING SESSIONS

Should I need to reschedule a session I will do my best to provide you with at least 24 hours’ notice. Should you need to reschedule a session, you also agree to provide 24 hours’ notice.

Life throws up some challenges sometimes – illness, domestic emergencies and other issues will come up and we both agree to remain flexible and understanding in these circumstances.

Equally in circumstances beyond our control, including Force Majeure events, it is understood that sessions, feedback and follow up may be unavoidably delayed and we agree to work around such events.

IF YOU ARE HAPPY…

I’d love for you to tell me about it and provide a testimonial to help me reach out and help more people with their business dreams.
Protection of your Data

Full details of how your personal data will be managed can be found in my Privacy Notice. Click here to read the full details.

THE TECHY LEGAL BITS….

Limitation of Liability

Except as expressly provided in this agreement, I make no guarantees or warranties, express or implied. In no event will I be liable to you for consequential or special damages.

Notwithstanding any damages that you may incur, my entire liability under this agreement, and your exclusive remedy, will be limited to the amount paid by you to me under this agreement for all services rendered up until the termination date.

Governing Law

This agreement shall be governed by and construed under English Law. In the event of any dispute between us, we shall first attempt to settle such a dispute in good faith, including by mediation. In the event that such a dispute cannot be resolved, it shall be decided by the Courts of England and Wales.

Intellectual Property Rights

As part of your support I may share a number of materials that I have created and produced. These materials are key to my unique approach and will form a critical part of your support. The intellectual property rights (including copyright) for these materials are held by me and I retain all ownership rights and interests. Please do not share or reproduce these without prior written consent.

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