Terms and Conditions of Service

These Terms and Conditions govern the purchase and use of coaching, consulting, professional-development and related services provided by:

PN MANAGEMENT CONSULTANT LIMITED
Company number: 08018807
Trading as: The Focus Books
Registered office: 8 Old Forge Court, Colchester Road, Elmstead, Colchester, England, CO7 7EA
Email: mrnikam@thefocusbooks.com

In these Terms, “we”, “us” and “our” mean PN MANAGEMENT CONSULTANT LIMITED trading as The Focus Books.

“You” and “your” mean the person or organisation purchasing or receiving the Services.

1. About these Terms

By purchasing a Service from us, you agree to these Terms together with:

• the description of the Service displayed at the time of purchase;
• any written proposal or order confirmation we provide;
• our Cancellation and Refund Policy; and
• our Privacy Policy.

Please read these documents before purchasing.

If a specific written proposal or order confirmation expressly conflicts with these Terms, the specific written provision will normally take priority for that particular Service, except where applicable law requires otherwise.

2. Consumer and business customers

These Terms apply to both consumers and business customers, but different legal rights may apply.

A Consumer is an individual purchasing mainly for purposes outside their trade, business, craft or profession.

A Business Customer is a person, company or organisation purchasing wholly or mainly for business purposes.

Nothing in these Terms removes or restricts rights that cannot lawfully be excluded.

3. Eligibility and authority

You must be at least 18 years old to purchase our coaching or consulting Services unless we have expressly agreed otherwise in writing and appropriate arrangements have been made.

If you purchase on behalf of a company or organisation, you confirm that you have authority to enter into the contract on its behalf.

4. Our Services

Our Services may include:

• attention and focus coaching;
• professional-development programmes;
• individual coaching sessions;
• strategy and implementation sessions;
• accountability and progress reviews;
• workshops;
• consulting;
• educational resources;
• assessments and self-reflection tools;
• F.O.C.U.S. Breakthrough™;
• F.O.C.U.S. Reset™;
• F.O.C.U.S. Performance Mastery™; and
• other services that we introduce from time to time.

The exact scope, duration, session structure, price and deliverables applicable to your purchase are those communicated to you on the relevant sales page, checkout page, proposal or written order confirmation at the time you purchase.

5. Nature of coaching and professional development

Our Services are intended to support attention management, focus, working practices, learning, decision-making, personal effectiveness and professional development.

Our Services are educational and developmental in nature.

They are not:

• medical treatment;
• psychotherapy;
• psychiatric treatment;
• clinical diagnosis;
• psychological assessment;
• legal advice;
• regulated financial advice;
• tax advice; or
• employment-law advice.

You remain responsible for determining whether professional medical, psychological, legal, financial or other specialist advice is appropriate for your circumstances.

6. The F.O.C.U.S. Score and assessments

The F.O.C.U.S. Score and related questionnaires are proprietary self-reflection and coaching tools.

They are designed to help identify patterns relating to attention, focus, working behaviour and professional development.

They are not medical, clinical or psychometric diagnoses.

No F.O.C.U.S. Score result should be interpreted as diagnosing ADHD, anxiety, depression, cognitive impairment or any other health or psychological condition.

7. No guarantee of particular results

We will provide our Services with reasonable care and skill.

However, coaching and professional-development outcomes depend on many factors outside our control, including:

• your participation;
• implementation;
• working environment;
• personal circumstances;
• decisions;
• consistency;
• available time;
• organisational conditions; and
• events outside either party's control.

We therefore do not guarantee any specific:

• productivity increase;
• financial result;
• business result;
• promotion;
• career outcome;
• revenue increase;
• personal transformation;
• health outcome;
• performance level; or
• other particular result.

Examples, illustrations, client experiences or anticipated outcomes are not guarantees that you will achieve the same result.

This does not affect our obligation to provide consumer Services with reasonable care and skill or any other statutory rights.

8. Your responsibilities

You are responsible for:

• attending scheduled sessions;
• participating honestly and constructively;
• providing information reasonably necessary to deliver the Service;
• making your own decisions;
• implementing any actions you choose to adopt;
• ensuring that you have appropriate technology and internet access for remote sessions;
• informing us where a relevant circumstance affects your ability to participate;
• treating us and others respectfully; and
• complying with applicable laws.

Coaching is collaborative. We cannot implement changes on your behalf.

9. Formation of the contract

Information on our website is an invitation to purchase rather than a guarantee that a Service will always remain available.

A contract is normally formed when:

1. you submit your order;
2. payment is successfully authorised or another payment arrangement is accepted by us; and
3. we provide confirmation of the purchase.

We reserve the right to decline an order before a contract is formed where reasonably necessary, including where there has been an obvious pricing error, suspected fraud, technical error or inability to provide the Service.

If we take payment but subsequently cannot accept your order, we will refund the relevant payment.

10. Prices

The price payable is the price shown or expressly agreed at the time of purchase.

Any applicable taxes or additional charges that you are required to pay will be disclosed before you complete your purchase where required by law.

We may change prices for future purchases.

Changing our published prices does not retrospectively change the price of a Service for which you already have a binding contract.

11. Payment

Unless expressly agreed otherwise, payment must be made before Services commence.

Payments may be processed by independent third-party payment providers.

We do not normally receive or store your full card details.

You are responsible for ensuring that payment information supplied to the payment provider is accurate and that you are authorised to use the relevant payment method.

12. Instalment payment plans

Where we offer a fixed instalment payment plan, the instalments normally represent a method of paying an agreed programme price rather than a cancellable monthly membership, unless we expressly state otherwise.

The payment schedule, number of instalments and total price will be disclosed before purchase.

Failure to attend sessions or deciding not to continue does not automatically cancel amounts properly due under the contract.

However, any amount we retain or claim following cancellation remains subject to:

• your statutory rights;
• applicable consumer law;
• these Terms; and
• our Cancellation and Refund Policy.

We may suspend future Services where a valid instalment becomes overdue until the account is brought up to date, provided doing so is lawful and reasonable.

We will not convert a fixed instalment arrangement into an automatically renewing subscription without clearly informing you and obtaining any legally required agreement.

13. Consumer 14-day cancellation rights

If you are a Consumer purchasing a Service online or otherwise at a distance, you will normally have a statutory period of 14 days in which to cancel the Service contract without giving a reason.

For a service contract, that period generally begins the day after the contract is entered into.

Additional details are contained in our Cancellation and Refund Policy.

Nothing in these Terms removes a statutory cancellation right.

14. Starting Services during the 14-day cancellation period

You may wish to begin your programme before your statutory 14-day cancellation period has ended.

Where applicable, we will require you to expressly request that performance begins during the cancellation period.

If:

• you expressly request early performance;
• we begin providing the Service; and
• you subsequently cancel before the Service has been fully performed,

you may be required to pay an amount proportionate to the Services actually supplied up to cancellation.

Where a qualifying Service is fully performed during the cancellation period following the required express request, and you have acknowledged that the cancellation right will be lost once full performance occurs, your statutory cancellation right may end when the Service has been fully performed.

This is especially relevant to short programmes such as F.O.C.U.S. Breakthrough™.

15. Booking sessions

After purchase, you may be invited to select from available appointment times using our current booking system or another agreed method.

Available appointment times may vary.

Purchasing a programme does not guarantee that every date or time requested by you will be available.

We will provide reasonable opportunities to schedule the sessions included in your programme.

16. Rescheduling by you

We ask that you provide at least 48 hours' notice where you wish to reschedule a booked session.

Where reasonable notice is given, we will normally allow the session to be rearranged, subject to availability.

Repeated rescheduling may affect our ability to complete the programme within its intended timeframe.

17. Late cancellation and non-attendance

If you:

• cancel a session with less than 48 hours' notice; or
• do not attend a booked session without reasonable notice,

we may treat some or all of that session as used where this fairly reflects the time reserved and the loss caused by the cancellation.

We will consider exceptional circumstances reasonably.

For Consumer contracts, we will not impose a cancellation charge that is an unfair penalty or automatically retain payment where doing so would be inconsistent with consumer law.

18. Programme timeframe

Programmes are designed to be completed within the timeframe described when purchased.

You should therefore make reasonable efforts to schedule and complete sessions within that period.

Where delays occur because you repeatedly postpone sessions or become unavailable, we may agree a revised completion date.

We are not required to keep coaching availability open indefinitely.

Where appropriate, we may set a reasonable final date by which unused sessions must be booked, taking into account:

• the programme purchased;
• previous delays;
• reasonable notice;
• exceptional circumstances; and
• applicable consumer rights.

Any expiry of unused sessions will be applied reasonably rather than as an automatic penalty.

19. Cancellation by us

We may reschedule a session where reasonably necessary because of illness, emergency, technical failure or circumstances outside our reasonable control.

Where this occurs, we will normally provide an alternative appointment.

We may terminate or suspend Services where there is a serious reason, including:

• abusive or threatening behaviour;
• harassment;
• unlawful activity;
• deliberate misuse of our Services;
• serious or repeated breach of these Terms;
• non-payment;
• fraud; or
• circumstances making continued provision unsafe or impracticable.

Where we terminate Services, the financial consequences will depend on the circumstances and applicable law.

We will not unfairly retain payment for Services we have not supplied where we ourselves cancel without a legitimate basis.

20. Refunds

Refund rights depend on:

• whether you are a Consumer or Business Customer;
• whether a statutory cooling-off period applies;
• whether you requested early performance;
• how much of the Service has already been provided;
• why the contract is ending; and
• applicable law.

Our detailed rules are contained in the Cancellation and Refund Policy.

Nothing in these Terms affects statutory rights.

21. Confidentiality

We will take reasonable steps to treat information discussed during private coaching or consulting sessions as confidential.

However, coaching confidentiality is not the same as legal professional privilege or medical confidentiality.

We may disclose information where reasonably necessary:

• with your permission;
• to service providers supporting delivery of the Service;
• to professional advisers subject to appropriate duties;
• to comply with law, regulation, court order or lawful authority;
• to establish, exercise or defend legal rights; or
• where disclosure is reasonably necessary to address an immediate and serious risk of harm.

Our handling of personal information is further explained in our Privacy Policy.

22. Corporate-sponsored coaching

Where an employer, company or other organisation purchases coaching for an individual participant, the contracting customer and participant may be different people.

Unless otherwise agreed in writing, we will not routinely provide the sponsoring organisation with detailed private coaching conversations.

We may provide administrative information such as:

• attendance;
• programme status;
• scheduling information; or
• agreed high-level objectives or outcomes,

where appropriate and lawful.

Any reporting arrangements should be agreed before the programme begins.

23. Session recordings

Sessions must not be audio-recorded, video-recorded, transcribed or captured using automated meeting or artificial-intelligence tools without prior agreement.

Where we wish to record a session, we will obtain appropriate agreement before recording.

You must not secretly record or distribute sessions.

24. Intellectual property

The intellectual property associated with our Services remains owned by us or our licensors.

This may include:

• the F.O.C.U.S. System;
• programme frameworks;
• questionnaires;
• score methodologies;
• worksheets;
• training materials;
• diagrams;
• templates;
• exercises;
• presentations;
• written materials;
• videos;
• recordings;
• branding; and
• proprietary methodologies.

Purchasing a programme does not transfer ownership of this intellectual property.

25. Personal-use licence

Where programme materials are supplied to you, we grant you a limited, non-exclusive, non-transferable licence to use them for your own personal or internal professional development.

Unless we give written permission, you must not:

• sell the materials;
• redistribute them;
• reproduce substantial parts for others;
• publish them online;
• teach or commercially deliver our proprietary programme;
• remove ownership notices;
• create competing commercial training using copied materials;
• upload substantial proprietary materials into public databases or repositories; or
• use our proprietary materials to train, build or populate an AI model, commercial knowledge base or competing product.

You may make reasonable personal notes and apply what you learn in your own work.

26. Our names and branding

You may not use:

• The Focus Books;
• F.O.C.U.S. System;
• F.O.C.U.S. Breakthrough™;
• F.O.C.U.S. Reset™;
• F.O.C.U.S. Performance Mastery™; or
• associated branding

in a way that suggests you are authorised to provide, license, endorse or represent our Services unless we have agreed this in writing.

27. Testimonials and case studies

Providing feedback does not automatically give us permission to publish your identity or story.

Where we wish to publish an identifiable testimonial or case study, we will seek appropriate permission.

We may edit a testimonial for length or clarity provided we do not materially distort what you said.

28. Technology and third-party platforms

We may use third-party technology to provide:

• payments;
• scheduling;
• remote meetings;
• email;
• forms;
• cloud storage;
• digital resources; and
• other operational functions.

We may replace one technology provider with another.

We are not responsible for an independent third-party service outside our reasonable control.

Where a temporary technology failure prevents a coaching session from taking place, we will normally attempt to rearrange or provide a reasonable alternative method of delivery.

29. Data protection

We process personal information in accordance with our Privacy Policy and applicable data-protection law.

Our Privacy Policy explains:

• information collected;
• purposes of processing;
• lawful bases;
• service providers;
• retention;
• international processing; and
• your rights.

30. Safety and wellbeing

You are responsible for deciding whether participation is appropriate for you.

If during coaching it becomes apparent that your needs are more appropriately addressed by a regulated healthcare or other specialist professional, we may recommend that you seek appropriate specialist support.

We do not undertake to diagnose or treat health conditions.

31. Limitation of liability — Consumers

If you are a Consumer, nothing in these Terms excludes or limits liability where doing so would be unlawful.

This includes liability that cannot lawfully be excluded for matters such as fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

We are responsible for foreseeable loss or damage caused by our breach of contract or failure to use reasonable care and skill, subject to applicable law.

Because Consumers purchase for non-business purposes, we are not responsible under a Consumer contract for business losses such as lost business profits, business opportunities or commercial revenue that were not part of the consumer contract.

Your statutory rights remain unaffected.

32. Limitation of liability — Business Customers

This section applies only to Business Customers.

To the maximum extent permitted by law, we will not be liable for:

• indirect or consequential loss;
• loss of anticipated profit;
• loss of revenue;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• losses arising from business decisions that you make following coaching or consulting,

except where such exclusion would be unlawful.

Subject to liabilities that cannot legally be limited, our aggregate liability arising from the relevant Service will normally be limited to the total fees paid or payable to us for that particular Service.

Nothing excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be excluded.

33. Decisions remain yours

Advice, observations, questions, frameworks and suggestions provided during our Services are intended to support your thinking.

You remain responsible for:

• business decisions;
• career decisions;
• financial decisions;
• employment decisions;
• personal decisions;
• actions taken; and
• consequences arising from those decisions.

You should obtain specialist professional advice where appropriate.

34. Events outside our reasonable control

Neither party will be responsible for delay or failure caused by circumstances genuinely outside their reasonable control.

This may include significant:

• illness;
• infrastructure failure;
• internet or communication outage;
• natural disaster;
• government action;
• civil emergency; or
• similar events.

We will take reasonable steps to minimise disruption.

If an event prevents a material part of the Service from being provided for an extended period, we will discuss reasonable alternatives, rescheduling or any refund legally due for Services that cannot be supplied.

35. Complaints

If you are dissatisfied with a Service, please contact:

mrnikam@thefocusbooks.com

Please provide enough information for us to understand the issue.

We will aim to consider complaints fairly and respond within a reasonable period.

Nothing in this complaints process limits any legal rights available to you.

36. Communications

We may communicate with you using the email address or other contact information you provide.

You are responsible for keeping your contact information reasonably up to date.

Administrative communications regarding your purchase, sessions or programme are not marketing communications.

37. Changes to these Terms

We may update these Terms for future purchases to reflect changes in:

• our Services;
• business operations;
• technology;
• law; or
• regulatory requirements.

The version applying to an existing purchase will normally be the version in force when that contract was formed, unless:

• we both expressly agree otherwise; or
• a change is required by law.

We will not use this provision simply to impose materially disadvantageous new terms on an existing Consumer contract.

38. No waiver

If we do not immediately enforce a provision of these Terms, that does not mean we have waived the right to enforce it later.

39. Severability

If a court or competent authority finds part of these Terms invalid or unenforceable, the remaining provisions will continue to apply to the extent legally possible.

40. Third-party rights

Unless expressly stated otherwise, a person who is not a party to the contract has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

41. Entire agreement — Business Customers

For Business Customers, these Terms, together with the applicable proposal, sales description, order confirmation and incorporated policies, constitute the agreement relating to the relevant Service.

Neither party relies on statements that are not included in or expressly incorporated into that agreement, subject always to liability that cannot lawfully be excluded, including fraud.

This provision does not apply in a manner that unlawfully removes Consumer rights.

42. Governing law and jurisdiction

These Terms and contracts with us are governed by the laws of England and Wales.

If you are a Consumer living elsewhere in the United Kingdom, you retain any mandatory protections available to you under applicable law and nothing in these Terms is intended to prevent you bringing proceedings in a court that consumer law permits you to use.

For Business Customers, the courts of England and Wales will have exclusive jurisdiction, unless we agree otherwise in writing.

43. Contact information

PN MANAGEMENT CONSULTANT LIMITED
Trading as The Focus Books

Company number: 08018807

Registered office:
8 Old Forge Court
Colchester Road
Elmstead
Colchester
England
CO7 7EA

Email:
mrnikam@thefocusbooks.com