Last updated July 2024

This page (and the documents it refers to) tells you the terms of use on which you may use judekempton.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.​

ABOUT US

judekempton.com is a site operated by Jude Kempton Trading as Jude Kempton Coaching ("we" or “us”). Our address is 21 Nightingale Road, West Molesey, Surrey KT8 2PQ and our email address is [email protected].  

OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date. You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time. You must comply with the provisions of our Acceptable Use Policy when using our site. It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

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VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site. ​

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent. If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.​

RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.​

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. ​

LINKING TO OUR SITE

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you. You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]​

UPLOADING MATERIAL TO OUR SITE

When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss. Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

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VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.​

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue;loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect any liability which cannot be excluded or limited under applicable law.​

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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ACCEPTABLE USE POLICY

By using our site, this policy applies to you and you agree with it as part of our Website Terms and Conditions.The terms of our Acceptable Use Policy may change, so we advise you to check this page as if you use our site, you are bound by it.​

USE OF OUR SITE

You agree not to use this site for any of the following purposes:

to break any laws or regulations;to do anything fraudulent, or which has a fraudulent effect;to harm or attempt to harm minors;to do anything with material that does not meet our content standards (these are listed below);to copy in any way or re-sell any part of our site;to interfere with or damage any part of our site, equipment, network, software or storage arrangements;for unsolicited advertising material (known as spam);to transmit any data or material that is harmful to other programs, software, or hardware.

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CONTENT STANDARDS

Our content standards apply to all material that you contribute either to our site or to any social media groups you may gain access to through the purchase of any of our Services or Digital Products and to all our interactive services. Your contributions must be accurate (if they are factual), genuine (if they state opinions) and within the law.Your contributions must not be defamatory, obscene or offensive, likely to deceive, harass, annoy, threaten, or invade someone else's privacy. Your contributions must not  promote material that is sexually explicit, promote violence or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation, infringe anyone else's intellectual property, be used to impersonate anyone, or misrepresent anyone's identity or encourage or assist anything that breaks the law.​

INTERACTIVE SERVICES

Where we provide use of interactive services, we will tell you clearly about the service, we will tell you what form of moderation we use for the site, we will try to assess risks on the site (especially for children) and will moderate if we think it is appropriate.We are not however required to moderate our interactive service and we will not be responsible for any loss or damage to anyone who does not use our site according to our standards (whether or not we have moderated the service).​

NOTICE FOR PARENTS

Our services are not intended for the use of minors under the age of 18. However, if you allow a child to use any of our interactive services, this will be subject to parental consent. If you permit your child to use the service we advise you to explain the risks as moderation is not always effective. Please contact us if you have a concern about moderation.​

SUSPENSION AND TERMINATION

If we believe you are in breach of our Acceptable Use Policy, we will take whatever steps we think are necessary to address this, including stopping your use of the site temporarily or permanently, removing material you have put on the site or any of our social media groups, sending you a formal warning, taking legal action and/or telling the relevant authorities.We will not be held liable for any of your costs arising from any actions we take to deal with any breach of this policy.​

TERMS AND CONDITIONS OF SALE

​The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of digital products through this website. By confirming your acceptance to these terms of sale and completing your purchase, you understand that you are entering into a legally binding agreement with Jude Kempton T/A Jude Kempton Coaching, of 21 Nightingale Road, West Molesey, Surrey, KT8 2PQ.​

PURCHASE OF DIGITAL PRODUCTS

These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products (digital products) via our site https://judekempton.com (the site) to you:

Digital downloads of audio products to your computer or mobile deviceDigital downloads of video products to your computer or mobile deviceDigital downloads of supporting materials Coaching and mentoring sessions 

Please read these terms of sale carefully before ordering any digital products from our site. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us.  If you have any queries on these terms please contact us at [email protected] before placing any order.

 By placing an order for digital products through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.

 By placing an order for digital products through our site you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order only. We work with third parties to process your payment (for example, Stripe) and they will also have access to your personal data to enable them to help us process/fulfil your order only. More information on how we may store, process and use your personal data is contained in our Privacy Policy.

 You are responsible for ensuring that you do not lose, destroy, or damage any digital product you purchase through this site.

 You are responsible for ensuring that any hardware you use to download and/or access these digital products functions correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.

PLACING AN ORDER

After placing an order for any digital products via our site, you will receive an on screen message and e-mail from us acknowledging receipt and setting out the details of your order.

 The contract for the purchase of any digital products will only be formed when you have agreed to these terms of sale, we have received payment in full for the digital product you are purchasing and we make the digital product available for download. We reserve the right, in our sole discretion to reject any order we receive.

AVAILABILITY

All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.

 Digital products will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.

 Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.

PRICE AND PAYMENT

The price of any digital product will be as quoted on this site at the current time and will be shown inclusive of any VAT. We reserve the right to make certain digital products available only as part of a different purchase for example, part of a Service package.

 Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.

 Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device.  Note that overseas roaming charges may also apply. We will not be held liable for any such charges.

 By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.

 In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.

REFUNDS

In accordance with Distance Selling Regulations, you have the right to cancel and obtain a full refund within 14 working days of purchasing our digital products but only if you have not used your session booking within this time, have not downloaded the Digital Product made available, have not requested and been accepted to join any of our private social media groups (for example, private Facebook Group) to which access is offered as part of a purchase from the site, and have not accessed and/or used any supporting materials provided to you alongside your purchase of any digital products, within 14 calendar days from purchase.

 If digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products to functioning order, or offer you a repeat download. You shall not have the automatic right of refund in this case. You must notify us within 30 days of download of the digital product that it is defective at [email protected]. If we are unable to fix it and a repeat download does not resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.

 RESCHEDULING COACHING AND MENTORING SESSIONS

It is your responsibility to ensure your session is booked at a suitable time. Should you wish to re-arrange your session, Minimum Notice of 48 hours or 2 working days must be given wherever possible. Where Minimum Notice is not provided your session may be forfeit and will be rescheduled at the Coach's discretion.

In exceptional circumstances the Coach may need to re-arrange your session; in these circumstances the Coach will offer an alternative appointment that is mutually satisfactory to the Client.

CONFIDENTIALITY

Personal information or business information that you supply to us, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

INTELLECTUAL PROPERTY RIGHTS   

We are the owner or licensee of all intellectual property rights in the site and the digital products you purchase, including any databases that hold relevant information about the site and its products. They are protected by copyright or trademark registration and you may only use any the digital products in line with these terms.

 All of the digital products that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use. You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.

OUR RESPONSIBILITY TO YOU

We do not guarantee the accuracy of content of our digital products, and you are responsible for the way you use its content.

 We shall not limit or exclude our liability for:

death or personal injury;fraud or fraudulent misrepresentation; orany act, omission or matter, liability for which may not be excluded or limited under any Applicable Law. 

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

loss of profit; loss of goodwill; loss of savings; orloss of contract. 

We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.

 Although we try to ensure our digital products work seamlessly and without errors, we do not warrant that your use of the digital products will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions or although we will do our utmost to rectify any issues you encounter as soon as possible.

 Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.

APPLICABLE LAW

Any dispute arising from these terms of sale shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any arising dispute.

 If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.

COMPLAINTS

If you have any questions or a complaint about the service provided by us please contact [email protected] to make your complaint.