Terms & Conditions of Business
Welcome to The Rubicon Partnership Limited terms and conditions. We hope that You are enjoying your visit to our Website and find the content and services useful. Please note that by using this Website You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions, then please do not use or access this Website. You must read and accept all of the terms and conditions of business contained herein together with our Privacy Policy before You may use or access the Website in any way.
1. Introduction
1.1 The Rubicon Partnership Limited offers an online Coaching Services via The Rubicon Partnership Limited Platform known as (“the Service”). “The Rubicon Partnership Limited, registered in Scotland, Company number SC507227, with the registered office at 32/34 High Street, Sanquhar, Dumfriesshire, Scotland, DG4 6BL.
1.2 By using this Website and/or registering for Services You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions hereunder; please do not use or access this Website. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which The Rubicon Partnership Limited provides the Service and upon which the User agrees to contract for the use of the Service except where specifically varied by written agreement by The Rubicon Partnership Limited on the Registration Confirmation. They supersede any written or oral representations, statements, understandings, or agreements.
1.4 From time to time, it will be necessary to update the terms and conditions, and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
Definitions
In this Agreement:-
“Agreement” means these terms and conditions along with the Client’s registration and purchase of Services (Order) together forms contract as confirmed in The Rubicon Partnership Limited’s Order Confirmation.
“Charges” means the charges for The Rubicon Partnership Limited Services accessible through the website.
“Client” means the person or individual who instructs The Rubicon Partnership Limited to provide Services by purchases from The Rubicon Partnership Limited Website.
“Client Information” means the information required by The Rubicon Partnership Limited to allow us to deliver services.
“Complaints Process” means all complaints must be sent to coaching@therubiconpartnership.co.uk or in writing by post to our office (contact address) located at The Rubicon Partnership Limited, 201 West George Street, Glasgow, G2 2LW.
“Contract” means by ticking the boxes on the website the Client will contract with The Rubicon Partnership Limited and is aware the Client agrees to these terms and conditions and is subject to and bound by all such terms, to the exclusion of any terms and conditions of the Client.
“Coach” means the professional and The Rubicon Partnership Limited employee that will provide the one-to-one Coaching Service.
“Coaching Practice” means the Service provided by The Rubicon Partnership Limited.
“Coaching Appointment(s)” means the one-to-one coaching appointment (s) purchased by the Client as part of the Service and as outlined on The Rubicon Partnership Limited Website.
“Information” means any and all material contained in this Website.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark displayed on the Website (whether registered or unregistered), and all copyright associated with the concepts, frameworks, booklets, support materials supplied or outlined in our materials. Any trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Order Confirmation” means the email sent to the Client that confirms the purchase of the Service.
“Payment Services” means the payment services option offered to The Rubicon Partnership Limited Clients through our third-party payment company Stripe, subject to their terms and conditions.
“Registration” means it is the Client’s responsibility to complete Registration as part of the service; this includes their personal profile which is part of the Registration process.
“Registration Confirmation” means the email acceptance sent by The Rubicon Partnership Limited following receipt of the Client’s registration. Please note the Client will be subject to third-party terms and conditions in these circumstances.
“Service” means any service including the Coaching Appointment(s) purchased on The Rubicon Partnership Limited website.
“Service Completion” means The Rubicon Partnership Limited service is completed when any offer is accepted (by the Buyer or Seller) and an Order Confirmation is issued; resulting in the Client leaving The Rubicon Partnership Limited website and purchasing the Service subject to the third party’s terms and conditions.
“Share on Social Media” means the Client introducing The Rubicon Partnership Limited Services (post purchase only) to another potential User, as described on the Website and accessed via the ‘LinkedIn ‘or ‘’ Meta” buttons (will be subject to either LinkedIn or Meta terms and conditions).
“Stripe” means the payment service used to take payment from the Client.
“the Service Commencement Date” shall be the date the Service is available from The Rubicon Partnership Limited Website and confirmed via email.
“the User” and “You” means anyone who uses this Website.
“the Website” or “Website” means The Rubicon Partnership Limited website operating under the domain name of www.therubiconpartnership.co.uk.
“Working Hours” means 9.00am to 5.00pm from Monday to Friday excluding weekends, public holidays, or statutory holidays.
2. Service Provision
2.1 The Rubicon Partnership Limited will provide a Registration Confirmation for all registrations placed but reserves the right to accept or reject any registration at its sole discretion.
2.2 The Rubicon Partnership Limited will use all reasonable endeavours to provide the Service as described on the Website. Due to the nature of such Services, the time will not be the essence of the contract.
2.3 The Rubicon Partnership Limited may at any time amend the Service for any reason including, but not limited to, technical, legal, or business reasons.
2.4 Any Client complaints must be dealt with through the Complaints Process. A complaint can only be dealt with by The Rubicon Partnership Limited if the correct process is followed, all complaints must be emailed to coaching@therubiconpartnership.co.uk.
3. Proprietary Rights
All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to The Rubicon Partnership Limited, its assignees, licensees or sub-licensees thereof and the copyright in the concepts, frameworks, booklets, support materials, text, artwork, graphics and images on the Website is owned by The Rubicon Partnership Limited or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without The Rubicon Partnership Limited‘s prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell, or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed, or copied for your personal non-commercial use only and only marketing excerpts (content already used on The Rubicon Partnership Limited Website) shared through ‘Meta,’ and ‘LinkedIn’ button on the Website.
4. Basis of Use of the Website
4.1 You agree to the following: –
4.1.1 that You are aged 18 or over and are legally capable of entering into binding contracts;
4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
4.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained on the Website at any time, unless through the ‘Meta’ or ‘LinkedIn’ buttons more fully described on the Website;
4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;
4.1.5 that You shall not use the Website or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark, or confidentiality);
4.1.6 that You shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
4.1.7 that all intellectual property rights (including without limitation copyright, trademarks, and all other rights) whatsoever in the Information and the Website shall remain vested in The Rubicon Partnership Limited at all times;
4.1.8 that You will indemnify and keep indemnified The Rubicon Partnership Limited against all claims, liabilities, damages, costs, and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
4.2 The User agrees that in respect of The Rubicon Partnership Limited content sharing, the Client is permitted to share via Meta and LinkedIn post transaction subject to Meta and LinkedIn terms and Conditions, respectively.
5. Client Obligations
5.1 No Agreement in respect of any Services shall exist between us and the Client until your registration has been accepted by us by means of a Registration Confirmation (whether or not funds have been deducted from your account). If we do not accept your Registration and funds have already been deducted, these will be fully refunded.
5.2 Registrations must be submitted electronically via the Website. To do so, the Client will be required to follow the online registration process. When doing so, the Client will be required to complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). The Client agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Client must inform us immediately if the Client become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
5.3 By registering, the Client hereby warrant that all information submitted by the Client is true, current, and complete. The Rubicon Partnership Limited reserves the right to verify the eligibility of all Clients.
5.4 Without prejudice to its rights in terms of Clause 10 hereof, The Rubicon Partnership Limited is entitled to suspend or terminate the Client’s use of the Service if the Client fails to comply with any of its obligations under clauses 4 and 5 herein.
5.5 The Client is responsible for providing a satisfactory level of cooperation and for providing all necessary Information and facilities to enable The Rubicon Partnership Limited to produce and deliver a quality service, including:
5.5.1 the necessary information for registration including name, home address, delivery address, email address, landline, and mobile telephones.
5.5.2 the correct description and classification of the Service.
5.6 The Client is responsible for the veracity of the content provided throughout the Service and during the Coaching Appointment(s).
5.7 The Client will be allocated a Coach 48 hours after the point of purchasing the Service. If the Client wants to continue with the same Coach after their initial Coaching Appointment(s), they must purchase the further Coaching Appointments prior to the end of the final session with that particular Coach. This issue will be at The Rubicon Partnership Limited’s discretion.
5.8 The Client is solely responsible for acting on any of the recommendations and outcomes derived from the Coaching Appointment or gleaned from using the Service.
6. Service Charges
6.1 Charges for the Service shall be based upon the Client paying for the Services prior to commencement.
6.2 The prices charged shall be those stated on the Website and confirmed in the Order Confirmation. Prices on the Website are inclusive of VAT.
6.3 The Rubicon Partnership Limited reserves the right to change prices or introduce new charges for use of the Service at any time.
6.4 The Rubicon Partnership Limited will not be liable for any bank charges incurred by the Client.
7. Payment of Service Charges
7.1. Prices include VAT which shall be added and charged at the prevailing rate. We accept payment in British pounds sterling only.
7.2 The Agreement is based upon the Client paying in full the initial payment in advance of our acceptance of the Client’s request for Service (Order), prior to the Service commencing through Stripe.
7.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation 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, and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your Order Confirmation.
7.4 The Client shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to The Rubicon Partnership Limited.
8. Third Party Websites
8.1 The Website contains links to websites operated by parties other than The Rubicon Partnership Limited. Such links are provided for the User’s convenience only. The Rubicon Partnership Limited does not control such websites and is not responsible for their content. The Rubicon Partnership Limited’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third-party websites, and also the value and integrity of any Services and services offered by such websites.
8.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
9. Cancellation by the Client
9.1 Due to the nature of the Service, the Consumer may terminate at any time.
9.2 Cancellations of any Coaching Appointment(s) or service shall be free provided they are made at least 48 hours prior to the original appointment date and time. The Client can also rearrange a Coaching
Appointment(s) up to 48 hours prior to Coaching Appointment(s) scheduled. The Client can click on the rescheduling link in the email reminder to rearrange the Coaching Appointment(s).
9.3 Cancellation of one-to-one Coaching Appointment(s) made with less than 24 hours’ notice will be billed at 100% of the agreed rate or deducted from a Clients’ outstanding contracted delivery sessions at the same level and rate.
9.4 If the Client does not attend Coaching Appointment(s) as outlined in Clauses 9.1, 9.2 and 9.3, the same terms will apply.
10. Cancellation by Us
10.1 The Rubicon Partnership Limited shall be entitled to suspend the Service in accordance with clause 5.4.
10.2 Without prejudice to any other rights to which it may be entitled, The Rubicon Partnership Limited may terminate provision or use of the Service respectively with immediate effect if the Client commits any material breach of any of the terms of this Agreement.
10.3 By registering to use the Service and by becoming a Client. The Client agrees to subject to these Terms and Conditions and to act honesty and truthfully regards their dealings. In the event the Client acts counter to these terms and conditions, The Rubicon Partnership Limited reserve the right to delete the Clients account and block their IP address from using the site in the future this including behaviour deemed unacceptable by The Rubicon Partnership Limited standards including;
10.3.1 The Rubicon Partnership Limited will not tolerate Clients being rude or offensive or otherwise abusing ‘The Rubicon Partnership Limited Service’ in any way including our employees and reserves the right to terminate the Service with immediate effect (as outlined in clauses 10) as a result of such behaviour (at The Rubicon Partnership Limited discretion).
10.3.2 We also support an anti-bullying policy and believe in protecting our workforce and those who use the Service. If a Client has experienced such actions, there are encouraged to contact The Rubicon Partnership Limited on coaching@therubiconpartnership.co.uk, outlining the incident and those involved. The Rubicon Partnership Limited reserves the right to take the appropriate action regarding these matters, The Rubicon Partnership Limited being the sole arbiter.
11. Warranties
11.1 The Rubicon Partnership Limited undertakes to use reasonable skills and care in providing the Service as described on the Website.
11.2 The Rubicon Partnership Limited makes no warranties as to the description of the Offer, Services or any claims in the advertising or any information provided as part of any Offer. Offers are provided on an “as is basis”, with no express or implied claims to the suitability, functionality, usability, and reliability thereof.
11.3 The Rubicon Partnership Limited publishes information concerning Offers which has been received by us from third partys. As such, The Rubicon Partnership Limited are not responsible for content or information displayed on the Website but will endeavour to monitor content and remove any material that it is found to be inaccurate or offensive. The information or content that is published relating to each Offer is provided by third parties and The Rubicon Partnership Limited does not warrant the accuracy, truthfulness, advice, or completeness of any Offer terms described.
11.4 The Rubicon Partnership Limited will provide access to Offers through content provided by Client or third parties. The Rubicon Partnership Limited are not responsible for fulfilment of any Offer and so do not offer any refunds policy.
12. Disclaimer and Limitation of Liability
12.1 The User uses the Service at its own risk and in no event shall The Rubicon Partnership Limited be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from The Rubicon Partnership Limited’ s negligence) including, but not limited to, inability to use social media, loss of money, the User’s identity theft, loss of or corruption of data or the User’s inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
12.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and The Rubicon Partnership Limited becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from The Rubicon Partnership Limited ’s negligence) or otherwise, will not exceed the total value of the Service purchased by the Client, redeemed immediately preceding such liability arising.
12.3 The User must make every effort to secure their username, passwords details and should not under any circumstance disclose their username and password and details to a third party or by an email request. The Rubicon Partnership Limited, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials, or Services included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
12.4 It is the Clients responsibility to maintain and update their browser, firewall or anti-virus and anti-spyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from relevant software provider.
12.5 The Rubicon Partnership Limited cannot guarantee 100% uptime and endeavours to provide services as described on the Website.
12.6 The Rubicon Partnership Limited is not responsible for any technical issue with regards the purchase of any Services.
12.7 The Rubicon Partnership Limited is not responsible for the Clients’ lack of cooperation or ability to use or benefit from the Service.
12.8 The Client is solely responsible for assessing or classifying correctly their suitability of the Service.
12.9 The Rubicon Partnership Limited cannot be responsible for Services purchased elsewhere or any products and services purchased and used counter to The Rubicon Partnership Limited’s advice or without their knowledge.
13. Indemnity
13.1 The Client shall indemnify The Rubicon Partnership Limited and keep The Rubicon Partnership Limited indemnified against any liability to any third-party arising out of or connected with the Client’s use of the Services.
13.2 The Client hereby indemnifies and holds harmless The Rubicon Partnership Limited against all claims, demands, losses, damages, costs, or expenses howsoever arising incurred by The Rubicon Partnership Limited in connection with the Agreement as a result of a breach by the Client of any provision of this Agreement, law, or regulation.
13.3 Client agrees to indemnify, keep indemnified and hold harmless The Rubicon Partnership Limited from and against:
13.3.1 any claims and,
13.3.2 any breach by the Client of any terms of the Agreement;
13.3.3 You shall indemnify The Rubicon Partnership Limited against any claims which may be made by any third- parties against The Rubicon Partnership Limited in this regard and any costs and expenses incurred by The Rubicon Partnership Limited in dealing with such claims.
14. Client Confidentiality
14.1 The Rubicon Partnership Limited shall, unless it has an ethical or legal obligation to do so, disclose the confidential information of any Client.
14.2 In exceptional circumstances where the individual is at risk of harm to themselves or others, and is unwilling or unable to remove this risk, The Rubicon Partnership Limited may find it necessary to breach confidentiality to protect them or others.
14.3 The exceptional circumstances might include the likelihood of self-harm, or unfitness to drive through drink or drugs leading to serious likelihood of road traffic accidents. Otherwise, cases will only be discussed with the professional body who supervises The Rubicon Partnership Limited’s Coaches and provides professional expertise and advice.
14.4 The Rubicon Partnership Limited shall, only where it is feasible to maintain the confidentiality of Clients, provide feedback to Clients on any key themes that emerge from the provision of Service as is related to the well-being, health, and safety of Clients.
15. Technical Support (The Rubicon Partnership Limited Website)
15.1 We will for the duration of this Agreement:
endeavour to achieve a reasonable response time for Support requests unless otherwise agreed in the Order Confirmation; however, the response time may alter, will be available between 9.00am and 5.00pm, Monday to Friday (excluding public holidays).
15.1.1 the Client is required to submit requests for Support (Technical) through The Rubicon Partnership Limited Website) or via coaching@therubiconpartnership.co.uk, in a timely manner.
15.1.2 the fix time will depend upon the complexity of the issue; however, we will endeavour to resolve the problem as soon as is necessary (time not being of the essence).
15.2 The following Services are excluded from The Rubicon Partnership Limited Support Services including: any software or services used to access the Service that has been provided by the Client or a third-party (including third-party IT services).
15.2.1 any issues arising from the Client using hardware, software or services in a way that is not supported or recommended by The Rubicon Partnership Limited.
15.2.2 any issue arising as a result of the Client or a third-party altering, modifying or in any way changing the Service.
15.2.3 where applicable, the Client has prevented The Rubicon Partnership Limited from performing required Work or updates to the Service.
15.3 The Rubicon Partnership Limited is deemed to have responded when we have contacted the Client, after the Client makes initial contact through The Rubicon Partnership Limited email via coaching@therubiconpartnership.co.uk.
15.4 The Rubicon Partnership Limited will endeavour to respond and resolve issues as quickly as possible. We recognise the importance of Service availability to our Clients. However, we are unable to provide guaranteed resolution times, due to the nature of the Service provided.
16. Force Majeure
16.1 The Rubicon Partnership Limited shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or the contract being prevented, hindered, delayed, cancelled or rendered uneconomic, or any difficulties in accessing the system.
16.2 The Rubicon Partnership Limited cannot be held responsible or deemed in breach of this agreement in any way for third party delays, technical faults, including delivery failures affecting our performance.
17. Statutory Information
This website is owned and operated by:
The Rubicon Partnership Limited
Located at 201 West George Street, Glasgow, G2 2LW.
Registered at 32/34 High Street, Sanquhar, Dumfriesshire, DG4 6BL.
Email: coaching@therubiconpartnership.co.uk
Website: https://www.therubiconpartnership.co.uk
Company No: SC507227
18. Privacy
19. Assignation
19.1 The Rubicon Partnership Limited shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Client may not assign or transfer any of your rights or obligations without our written consent.
20. Miscellaneous
20.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, this Agreement and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the Client agree to submit to the exclusive jurisdiction of the Scottish courts.
21. General
21.1 Failure or delay by The Rubicon Partnership Limited in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
21.2 The illegality, invalidity, or unenforceability of any part of this Agreement will not affect the legality, validity, or enforceability of the remainder.
The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials are the sole property of the Create Ts and Cs. Create Ts and Cs hereby grants The Rubicon Partnership Limited a nonexclusive, non-transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Work.