Thank you for taking the time to land here and read these Terms & Conditions. They contain important information about the goods and services (namely any session(s), package(s) and report(s) purchased) from Legally Different.
*Intentional time & energy is invested in preparing for and providing a session, coaching package and creating a written report and therefore we hope you will understand that these terms are necessary & healthy boundaries to support us both.*
AGREED TERMS
Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).
1. ABOUT US
1.1 Company details. Legally Different is a trading name of LKO Services Limited (company number 10906857) (we and us) is a company registered in England and Wales and our registered office is at 3 Fountain Court, Market Place, Epworth, North Lincolnshire, England DN9 1EG. We operate the website www.legallydifferent.com.
1.2 Contacting us. To contact us email us at hello@legallydifferent.com.
1.3 Products & Services. You should find what you need to know about our products and services on our website before you order. Please note that because of bespoke and interpretative nature of the services, it is not possible to describe and explain everything in exact detail as to what is to be expected. If you have any queries or require any clarification around anything at all before you order, feel free to get in touch via hello@legallydifferent.com.
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
3.2 Correcting input errors. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate, in particular the birth related details entered as the Human Design chart (the centre of most Services) will differ with different details and therefore will not be accurate if entered incorrectly. If you are unsure of your time of birth, don’t just guess, please get in touch with us.
3.3 Acknowledging receipt of and accepting your order – Sessions & Packages. After you place your order, you will receive an email from us acknowledging that we have received it and confirming the details of your Session or Package, which, save for the exception noted at clause 3.4 below is confirmation of acceptance of your order (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation. Please note that this receipt is often automated and therefore may go to your junk box instead of your inbox, as such, please ensure that you check your junk box after you order.
3.4 Accepting your order – Bespoke Report. The process for ordering a Bespoke Report works slightly differently to booking a Session as there is a slight delay between purchase and when you will be asked to enter your birth details. After you purchase the Bespoke Report (not before in the case of a Session or a Package) you will be prompted in the confirmation of payment page to follow a link to enter your birth details. At the point that you submit your birth details and receive and successful submission notification our acceptance of your order takes place (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence and the timeframe in which the Bespoke Report is to be prepared by us will start ticking. The Contract will relate only to those Services confirmed in the Order Confirmation. Please note that this receipt is often automated and therefore may go to your junk box instead of your inbox, therefore, please ensure that you check your junk box after you order.
3.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, entirely at our discretion, we will inform you of this by email and we will not continue your order. If you have already paid for the Services, we will refund you the full amount save where we are unable to supply the Services due to an error or delay on your side (most likely / notably, omitting to submit your birth details). In this case, if we choose to do so, we will make reasonable efforts to contact you to obtain any outstanding information and will wait a maximum of 14 days before cancelling your request or order and refunding you the amount (less any processing fees).
4. RESCHEDULING, CANCELLING YOUR ORDER AND OBTAINING A REFUND
4.1 Changing your mind and cancelling. You may cancel the Contract and receive a refund (less any transactional fees), if you do so within 36 hours of placing your order (Notice Period) by notifying us as set out in clause 4.2. This is a variation of your usual statutory rights because of the bespoke nature of the Services and due to timing considerations around the preparation for fulfilling your order. For the avoidance of any doubt, you cannot change your mind about an order :-
(a) For any and all Services after the Notice Period expires (36 hours from placing your order)
(b) When the Services have been provided / completed;
(c) Where goods or Services are made to your specifications or are clearly personalised;
(d) When any digital products have been opened and / or downloaded; and
(e) When any audio recordings have been accessed and / or downloaded.
4.2 The cancellation process – how to let us know. To cancel the Contract, you must, where provided, follow the link within the receipt of your order which connects to the scheduling system and, in any other case, email hello@legallydifferent.com to communicate your wish to cancel your order. If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the time & date you send us the email.
4.3 Refunds for cancellations. If you cancel the Contract within the Notice Period, we will refund you in full for the price you paid for the Services by the method you used for payment, less any transaction fees. Given the bespoke and involved nature of the Services, you are not entitled to a refund outside of the Notice Period. You may wish to consider rescheduling your order instead, where applicable (i.e. in the case of a Session).
4.4 Rescheduling your booking. We understand that life can evolve meaning that your original commitment may not be possible to keep, in which case we appreciate prompt and transparent communication, so please let us know as soon as you cannot make an appointment. You may reschedule your Session up to 36 hours before the initial scheduled time. The ability to reschedule is subject always to our availability and bandwidth to cater for a future booking as per the availability calendar (set entirely at our discretion). In any case, you may only reschedule a booking a maximum of two times. Where; you seek to reschedule too late / within the Notice Period or you reschedule more than two times, your booking will be Cancelled and treated as an out-of-time cancellation so you will not be entitled to a refund.
4.5 The rescheduling process – how to change a booking. To amend a booking you must, where provided, follow the link within the receipt of your order and follow the prompts which will lead you to the current live calendar showing our availability. In any other case, email hello@legallydifferent.com to communicate your wish to change your booking with your desired new date & time. If you are emailing us, please include details of your order to help us to identify it.
4.6 Returns. Given the nature of the Services, it is not possible to ‘return’ them. Note that this is a permitted alteration to your usual statutory rights, given the nature of the Services. We have set out some helpful information below at clause 11 regarding your consumer rights.
4.7 Part refunds. For any Services that involve more than a single Session such as a Package or a Coaching & Mentorship Journey only (i.e. over a period of time and not involving a single booking time slot within one day) where, for any reason, you decide not to continue with the full package or journey we will consider a request to (but will not be obliged to) provide a proportionate refund. The amount we deduct from any refund will encompass:-
(a) the amount that has been supplied as a proportion of the entirety of the Contract,
(b) an automatic £100 deduction for a Package and £250 for a Coaching & Mentorship Journey to reflect preparation and investment time; and
(c) any transactional processing fees for the refund.
5. OUR SERVICES
5.1 Descriptions and illustrations. Any descriptions or illustrations on our site are indicative only published for the sole purpose of giving an approximate idea of the services described in them. The descriptions will provide a general framework for the specification, together with your birth details, however, given the nature of the Services this is a general framework and we reserve the right to exercise interpretative and creative flexibility entirely at our discretion.
5.2 Human Design scope.
(a) Any services that centre on the Human Design system will be provided strictly subject to our personal, creative and interpretative filter and delivered always subject to this discretion.
(b) The Services do not include the PH/Primary Health System, BG5 or any system and teaching beyond the core elements of Human
Design which we focus on being your; type, authority, profile, strategy, centres, channels, gates, circuitry, definition and planetary
placements. *If you are expecting anything beyond these core elements then the Services are not for you*. We will be under no obligation
to cover all of these elements in one Service and reserve our discretion in this regard as per 5.2(a) but this reflects the potential remit of
what could be covered.
5.3 Services available. The website will set out the latest Services available at any given time. We reserve the right to withdraw, amend or adapt any Services for any reason. Headline information as an indication of what to expect is provided below regarding the Services currently available:-
(a) Session:-
(i) Typically means a 1-1 Human Design Session which is 1 hour and 15 minutes (or such time as the scheduling calendar at any
given time states).
(ii) Includes a recording of the Session which will be delivered to you within 7 days of your Session. You will be asked at the start
of the Session if you would like it recording and you are at liberty to say no but no deduction in cost will be made to the price
paid for the Session if you decline the recording.
(iii) Will seek to cover the basics of Human Design including your type, authority, strategy, profile, defined centres and channels. Given the scheduled time it may not be possible to cover all of these and we will be under no obligation to do so. You will be invited to input and share your reflections as we share & teach about your Human Design so what we can cover will partly depend on the how much time is spent coaching & mentoring rather than teaching & sharing one way. We are under no
obligation to go over the scheduled time.
(iv) Where you book a follow up session, we will seek to cover deeper and different elements (subject to the scope at clause 5.2) or we can go over existing elements at your election. Given the nature of Human Design i.e. its complexity and applicability to real day-to-day life the delivery of the same information can still be ‘new’ or ‘fresh’. We reserve our rights to guide and share as we see fit but will consider your preference and adapt at our discretion.
(b) Package:-
(i) Typically means one or more Sessions or one or more Sessions together with a voice note support function. The Packages available at any given time will be displayed on the website.
(ii) Where there is a voice note support element, this means that you will have access to us via voice note for mentoring & coaching support for the period stated within the Package that purchase. Any Package will be subject to the terms set out at (iii) below.
(iii) We will invite you to a voice note app which will be the communication tool (currently Voxer or Telegram). Monday – Friday we commit to replying to a voice note within 36 hours. We are under no obligation to reply at weekends. The number of voice notes you may send is limited to 7 in one week. Therefore, if you buy one week of voice note support this will mean that you may send a maximum of 7 voice notes and two weeks will be 14.
(c) Coaching & Mentorship Journey :-
(i) Will typically involve a longer period of time in which we are engaged in a Service (for example, 9 weeks or such time as is
specified on the website or sales page) and we may engage via voice note or live 1-1 session or a mix of the two (as specified
on the website or sales page).
(ii) Will typically involve teaching, mentoring and coaching you around your Human Design, however, we reserve our rights entirely to decide on the method applied and the details of each journey will be contained on the website or relevant sales page.
5.4 Our remit and expertise. We are not healthcare professionals, therapist or counsellors and the content of our Services and our website are not intended to amount to advice on health or other matters on which you should rely. If you are influenced by the Services or the content on our website and social media, you acknowledge that any decisions that you make are your own and we have no responsibility for such decisions and the outcome of them.
5.5 Reasonable care and skill. We will provide the Services using reasonable care and skill.
5.6 Time for performance.
(a) Sessions. We will use reasonable endeavours to meet the scheduled time for a Session specified in the Order Confirmation. We value punctuality and commitment to scheduled arrangements, so we hope that we do not need to change anything, however, we acknowledge two ways that life can evolve and in the event we can no longer make a scheduled time then we shall inform you by email as early as we reasonably can before a Session and offer you the opportunity to re-schedule but it will not give you the right to terminate the Contract. (b) Reports and non-session Services We will use all reasonable endeavours to meet any performance dates specified in the Order
Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5.7 Affiliates and third parties. We are not responsible for and these terms do not govern the products and services of any affiliates and third parties with whom we are linked and whose products and services you may purchase that we may recommend or provide an offer for (e.g. a discount code and link). Please take care to read the relevant terms and conditions. You accept sole responsibility for your interactions and transactions with any third party even if they are connected to or recommended by Legally Different.
6. YOUR OBLIGATIONS
6.1 It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate (including the birth details);
(b) you cooperate with us in all matters relating to the Services;
(c) you prepare your environment for the supply of the Services, for example, that you are in quiet space for a Session where you feel
comfortable to interact and share personal information;
(d) you have a stable internet connection where Services are supplied live online;
(e) you are in a physical, mental and emotional state to receive information (written form and oral form depending on the Services) and / or engage in discussions that are personal to you and on topics that may be sensitive or triggering ;
(f) if you feel uncomfortable at any time during a particular discussion topic or angle within any of the Services that you inform us that you do not wish to discuss or address a particular topic; and
(g) You understand and accept that we are not healthcare professionals, counsellors or therapists.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 15 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7. CHARGES
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 8.
7.2 The Charges are the prices quoted on our site or the respective scheduling or sales page at the time you submit your order.
7.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
7.4 We take reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 8.7 for what happens if we discover an error in the price of the Services you ordered.
7.5 Our Charges may change from time to time, but changes will not affect any order you have already placed.
7.6 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
7.7 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where the correct price for the Services is higher than the price stated on our site, we will contact you by email as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
8. HOW TO PAY
8.1 Payment for the Services is in advance and you will be prompted by the scheduling and ordering system to pay before your Order is confirmed.
8.2 In some cases, payment plans may be available for the Services. Where this is an option it will be stated on the website and / or there will be an option within the payment portal and a direct debit will be set up at the intervals available / accepted.
8.3 You can pay for the Services via the payment options stated which usually include a debit card or credit card.
8.4 We will send you an electronic confirmation after your Order has been processed which is usually automatically generated immediately (but we cannot guarantee this), If you require an invoice then we can generate this upon request and will endeavour to deliver it within 7 days of receiving your request, but we will pass on any administration fee that our payment processor charges us for generating an invoice. For any failed or cancelled payments, we reserve the right to charge an administration fee.
8.5 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), then we reserve our rights to you require that you pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.4 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Legally Different® and Legally Different By Design® are registered trademarks belonging to Lauren Kay O’Sullivan for and on behalf of Legally Different, a trading name of LKO Services Limited and you will be infringing our rights if you use these without our written consent in the form of a trademark licence and the same applies to any trademarks that we create and use whether registered or otherwise.
9.2 We are the owner or the licensee of all intellectual property rights on our website and in or arising out of or in connection with the Services.
9.3 Our status (and any contributors) as the authors of content on the website and the Services must always be acknowledged if copied or shared (where permitted).
9.4 You may make one copy the deliverables specified in your order for the purpose of receiving and using the Services for your personal use. You may not sub-license, assign or otherwise transfer the rights granted in this clause 9. For example, you may download and print one copy of the Bespoke Report for your personal use and you may download a Session recording onto one device.
9.5 You must not alter any paper copies printed or use any photographs, graphics or illustrations separately from the accompanying text.
9.6 In relation to your Human Design Chart which you are able to draw via our website using an integrated third-party software, you own the personal data that you enter but you do not own the chart itself. You may print off one copy of your chart for your personal use only.
9.7 If you print, use, share or download any part of our website and Services in breach of these terms we reserve the right to withdraw your right to use our website and to request that you destroy or return all copies of the materials you have made.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
10.2 More information about your personal data is contained within our Privacy Policy. We will process your personal information in accordance with our Privacy Policy, the terms of which are incorporated into this Contract.
11. COMPLAINTS AND YOUR STATUTORY RIGHTS
11.1 The Contract varies your statutory rights.
11.2 If you think there is something wrong with your product, you must contact hello@legallydifferent.com to inform us. We honour our legal duty to provide you with products that are as described to you on our website (save where varied by these Terms) and that meet all the requirements imposed by law. Some of your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving any disputes with us which we have set out at clause 23 below.
11.3 Summary of your key legal rights: note that the below summarises your normal statutory rights which, where applicable, have been varied by these Terms.
11.4 If your product is digital content, for example a course, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
(a) If your digital content is faulty, you're entitled to a repair or a replacement.
(b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
(c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
11.5 If your product is services, for example a Session, 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 a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
(c) If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
12. LIMITATION OF LIABILITY: *YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE*.
12.1 We limit liability to fullest extent possible by law.
12.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12.3 Subject to clause 12.2, we will not be liable to you to the fullest extent possible, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
12.4 Subject to clause 12.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
12.5 We have given commitments as to compliance of the Services with the relevant specification in clause 5.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
12.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
12.7 Nothing in these Terms limits or affects the exclusions and limitations set out in our Terms and Conditions of Use.
12.8 This clause 12 will survive termination of the Contract.
13. CONFIDENTIALITY
13.1 We each undertake that we will not disclose to any person any confidential information concerning one another.
13.2 We each may disclose the other's confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
14. TERMINATION - ENDING THIS CONTRACT
14.1 Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) where entitled to do so under clause 3; and
(d) where for any reason we choose not to continue the Services.
14.2 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15. EVENTS OUTSIDE OF OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
16. NON-SOLICITATION
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of twelve months following termination of the Contract.
17. COMMUNICATION BETWEEN US
17.1 When we refer to "in writing" in these Terms, this includes email.
17.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by email.
17.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
17.4 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
18. GENERAL
18.1 Assignment and transfer
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
18.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
19. NON-WAIVER: Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
20. INVALIDITY: If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
21. THIRD PARTY RIGHTS: The Contract is between you and us. No other person has any rights to enforce any of its terms.
22. JURISDICTION: You the right to go to Court subject to clause 23 below. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
23. RESOLVING DISPUTES WITHOUT GOING TO COURT: Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Options include mediation and arbitration. We would encourage alternative routes and in any case, require you firstly to seek to resolve a dispute with us directly by emailing hello@legallydifferent.com outlining the facts and the issue.