Terms of Business
Welcome to our website. To avoid all misunderstandings, please read these terms of business carefully. These terms relate to goods supplied to you through our site and should be read in conjunction with the Terms of Website Use and our Privacy Policy which shall also apply. For specific terms in relation to readings and consultations please refer to our Terms of Service (below).
You will be asked to expressly agree to these terms of sale before you place an order for products or services from our website.
Interpretation
In these terms of sale, “we” means The Kowtha Constellation Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
Order process
Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods in accordance with the procedure detailed below.
In order to enter into a contract to buy goods from us, you will need to take the following steps:
- you must click the 'Buy Now' to purchase to your and then proceed to the checkout;
- you will be transferred to the payment processor Stripe or PayPal website, and they will process and handle your payment;
- we will then send you an initial acknowledgement and direct you to an order acknowledgement page;
- once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by sending an email ClientCare@TheKowthaConstellation.com or via the contact us web form. For the time being, the only language in which we provide these terms of sale is English.
The products
Blue Print ID Kit
Price and payment
Prices for our goods are quoted on our website. The website contains a large number of goods and services and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when we confirm your order.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you order the product. Generally, though, delivery is included in the price.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Payment for all products must be made by any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you will comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.; and
(e) you are at least 18 years of age.
Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
“Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by a document signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to any agreed variations as set out above: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Terms of Service for Readings
Hand Analysis Reading
Human Design Reading
Annual Reading
Please read these terms and conditions carefully. By taking part in our services you are deemed to accept these terms and conditions.
1. Definitions In these terms, the following words shall have the following meanings:
“Coach” means the Manifest By Design Transformation Consultant;
“Confidential Information” means all of your personal information, details and data of any kind including information of which the Coach shall have gained knowledge in the course of or in connection with the performance of this agreement
“Fees” means the fees charged under Clause 4.
“Services” means the provision by the Coach to you of coaching advice as selected on the booking or order form and more particularly described at www.manifestbydesign.com and/or such other services as may be agreed from time to time by the parties.
“Term” means the period in which this agreement continues in force as specified in Clause 3 (Term).
2. Appointment of Coach You hereby engage the Coach to supply the Services during the Term and the Coach hereby accepts such engagement upon these terms and conditions. Your entitlement to attend any coaching sessions or course(s) will only arise when the Coach has dispatched the order confirmation and received full payment of all sums due in respect of the coaching or course(s) unless other payment arrangements have been agreed in writing with you.
3. Term Your coaching will start on the date stated on the booking form or order confirmation and shall continue for the period until service is delivered, unless otherwise stated.
4. Fees You agree to pay to the Coach the Fees set out on the booking form before the reading is given.
5. Services Human Design Reading
Personalized Annual Reading
Scientific Hand Analysis Reading
6. Coach’s obligations
The Coach will provide the Services in accordance with the Rules and Guidelines set out below. However, the Coach may make alterations to the content of the coaching programmes/workshops and the fee structure and reserves the right to do so by giving you reasonable notice in writing at any time without liability.
7. Your obligations You agree to abide by the Coaching Rules and Guidelines below.
- Confidentiality and data protection The Coach shall not itself disclose to any person, firm or company any of the information disclosed by you during the sessions (“Confidential Information”) (save to employees of the Coach whose duties require such disclosure to be made) and the Coach shall not use any of the Confidential Information for its own purposes nor for any purposes other than the provision of the Services PROVIDED THAT the Coach may disclose Confidential Information to the extent specifically authorised by you.
3. it comes within the public domain other than through breach of Clause 7.1 or
4. is required or requested to be divulged by any court, tribunal or governmental authority with competent jurisdiction; or
5. if required by law or the Coach in its absolute discretion believes that someone may be harmed.
6. Any personal data that the Coach collects from you will be kept secure and the Coach will fully comply with all applicable UK Data Protection and consumer legislation in place and updated from time to time to stay in compliance.
8. Intellectual Property
- The copyright in any course materials or systems which are used or provided by the Coach in connection with the Services shall remain vested in the Coach or the licence owner. You may use such documents or systems only for purposes directly related to the Services and shall not make copies of such documents, nor use the same for any purpose not directly related to the Services without the prior written approval of the Coach. 9 LiabilityThe Coach shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement, but its liability for omissions and errors in the Services arising from the default of the Coach shall be limited to a maximum aggregate liability equal to the Fees payable by you.
2. The Coach gives no guarantee that by attending and/or completing the coaching with the Coach that you will experience success in any business or activity that you may carry on following the coaching.
3. The Coach is not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.
4.The Coach is not liable for additional costs due to changes in courses, content, venues or trainers. Every effort will be made to provide reasonable notice where possible.
10. Courses and course materials
- Any course materials that the Coach sends to you following dispatch of the order confirmation will be at your risk from the time of delivery. Ownership of any course materials will only pass to you when the Coach receives full payment of all sums due in respect of the course(s).
11. Termination and cancellation of sessions
- The Coach may terminate this agreement immediately by notice in writing to you, if you repeatedly fail to follow the Coaching Rules and Guidelines or fail to pay. In which case the Coach shall be entitled to receive the Fees to the end of the effective date on which termination occurs.
3. In all other cases, cancellation and rearrangement of sessions is in accordance with the Coaching Rules and Guidelines below.
12. Events beyond the Coach’s control 1. The Coach will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by events outside its reasonable control (known as a “Force Majeure Event”). 2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Coach’s reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. 3. The Coach’s performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Coach will have an extension of time for performance for the duration of that period. 13. Governing law This agreement and any non-contractual obligations arising in connection with it shall be governed by English law. The English courts shall have exclusive jurisdiction to determine any dispute arising in connection with this agreement, including disputes relating to any non-contractual obligations.
Coaching Rules and Guidelines
Nature of Coaching
You understand that:
- Coaching and readings are neither counselling nor psychotherapy.
- You are responsible for creating your own results.
- Coaching results are not guaranteed.
- Any financial, medical, or other discussions are of a general nature only and should not be relied on as a substitute for financial, medical or other professional advice. You should always seek advice from a qualified professional before deciding on the best course of action.
- Where information on a specific option is supplied this does not constitute a recommendation.
You may be requested to undertake certain tasks/exercises/assignments prior to the commencement of the Readings, Consulting Services, or Workshop. You understand that not completing these activities may affect your progress in achieving your personal outcomes.
Coaching Options
-One to one coaching/consulting By video conferencing: We will meet on Zoom at a mutually agreed upon time and date.
-Personalized Reading Audio recording: You will receive an audio file of the specified length via email or digital file sharing service.
-Workshops : Live on Zoom at a specified time. Recordings will be available.
Please note: Being late for the start of an appointment will not change the end time. Sessions paid for in advance must be taken within 6 months of the date of booking after which the fee is forfeited.
Cancellation and rescheduling:
You must give a minimum of 24 hours-notice to reschedule or cancel an appointment otherwise the full session fee is payable. In exceptional circumstances, the Coach may need to rearrange a coaching session. In those instances, you will be given 48 hours notice where practical.
Illness/Sickness. There may be a 25% re-booking fee should you be unable to attend due to illness provided you inform the Coach in writing, a minimum of 24 hours prior to the start of the workshop. Failure to notify the Coach as stated will be treated as a cancellation and there will be no refund (Zero refund).
Workshops
Cancellation by the Coach
The Coach reserves the right to cancel or postpone a workshop without liability and you will be offered an alternative workshop date, a credit note or a refund.
The Coach also reserves the right to alter the workshop content, alter the workshop location or to alter the workshop delegate numbers at any time without liability.
Special Requirements
If you have any special requirements in relation to your participation in the workshop please contact us as soon as possible to discuss your requirements hello@thekowthaconstellation.com.
Course materials
You’ll be sent any course materials before your session. Please bring these materials with you to our workshop.
All other course materials will be presented as necessary via email or link to the website.
We would love to use your hand/finger prints, human design, integral human design, and other documents for further study or to demonstrate to others in courses. Your name and other identifying information will be concealed for your protection. If you would prefer for us to not use your details for teaching purposes, let us know via email.
Please note that all calls will be recorded for future listening unless you notify us that you would prefer us not to do this.
Last updated on April 3, 2022.