TERMS 

By purchasing products, programs and/or services from The Brand Coach Limited, it is deemed that you accept the following terms and conditions and as a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

 

This contract sets out:

  • Your legal rights and responsibilities;
  • Our legal rights and responsibilities; and
  • Certain key information required by law.

In this contract:

  • ‘Company’, ‘we’, ‘us’ or ‘our’ means The Brand Coach Limited; and
  • ‘You’ or ‘your’ means the person, business or company using our site to buy products from us.

If you would like to talk to us about any aspect of this contract before you make your purchase, please contact us by emailing support@thebrandcoach.co.uk.

Who are we?

We are a limited company with company number 05413045 and with its registered office at 6 Huby Park, Huby, North Yorkshire, LS17 0EE.

 

  1. Introduction
    1. If you buy products on our website, you agree to be legally bound by this contract.
    2. If you use any of my free resources (for example a free trial, podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time), you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment rights.
    3. When signing up for the program or using any contained resources, you also agree. 
    4. When buying any products, you also agree to be legally bound by:
  • Our website terms and conditions, privacy policy and any documents referred to in them; 
  • Specific terms which apply to particular products or programs. If you want to see these specific terms, please visit the relevant product or services page on our website or in email correspondence between us.

The above documents form part of this contract as though set out in full here.

 

  1. Your privacy and personal information
    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Our Privacy Policy is available here https://thebrandcoach.co.uk/privacy-policy-2/

 

  1. Ordering Programs / Services
    1. Below, we set out how a legally binding contract between you and us is made.
    2. You place an order on the site selecting the appropriate program/services and clicking on the ‘buy now’ button moving your program/service into the online shopping cart. 
    3. When you place your order at the end of the online checkout process by clicking on the buy now button, we will acknowledge it by email. This acknowledgement does not mean that your order has been accepted, see below;
    4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
  • The program/service is currently unavailable.
  • We cannot authorise your payment; or
  • There has been a mistake on the pricing or description of the products.
  • I may contact you at my sole discretion and refuse entry to the program, for example, if I do not think the program is right for you. I do not have any obligation to provide a reason for this refusal.
    1. We will only accept your order when we email you to confirm this or deliver access to the products, whichever happens, earlier. At this point, a legally binding contract will be in place between you and us.

 

  1. Payment
    1. In consideration of your access to the Program, you agree to pay the following fees that are stipulated on each program and detailed in the shopping cart. 
    2. If you elect for the payment plan, you hereby agree to pay the Company automatically through a payment gateway according to the terms outlined in the Fees section above. 
  • You must pay the initial payment immediately, and then your selected payment method will be automatically charged for the following payments on a monthly basis.
  • If all eligible payment methods are declined for payment of your monthly fee, you must provide a new eligible payment method promptly, or your program access may be removed. 
  • In the event that any payment is not made, we shall immediately suspend your access to the Program.
  • You will remain responsible for all following payments unless you obtain a refund according to the Program’s Refund Policy set forth below. 
    1. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
    2. In view of the nature of digital products, once you have placed your order, you do not have any right to cancel this contract or avoid these payments except through the Refund Policy.

 

  1. Delivery
    1. If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.
    2. If the product is to be delivered in instalments, we shall supply the digital content to you as specified in the product description.
    3. If something happens which:
  • Is outside of our control; and
  • Affects the estimated date of delivery;
    1. We will let you have a revised estimated date for delivery of the products.
    2. Unless you and we agree otherwise if we cannot deliver your products within 30 days, we will:
  • Let you know;
  • Cancel your order; and
  • Give you a refund (this may be prorated for products delivered in instalments).

 

  1. Nature of the Programs/Services
    1. We warrant that the products will:
  • Be free from material defects in design;
  • Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  • Be fit for any purpose we state.
    1. We agree to provide the program, online training or self-study course (herein referred to as “Program”) as identified in the shopping cart. As part of the Program, we shall provide the following to you:
  • A Password Protected Program Area: we shall maintain a Program Area that will include lessons, templates, worksheets, and support information. 
  • You shall have access to participate in this Program Area for as long as the Program Area exists, however no less than 120 days. 
  • In the event that the Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Program Area, which is what is referred to as “Lifetime Access” in our marketing materials.
  • Group programs are a community-run program, meaning that students are encouraged to help each other. The Company employs a Community Manager, who is charged with overseeing the group and ensuring that it runs smoothly. 
    1. When using our products, you acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any recommended action is exclusively your responsibility.  
    2. When you gain access to the resources in the program, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While I use all reasonable endeavours to provide a quality viewing experience, I cannot make any guarantee as to the resolution or quality of the content you will receive.
    3. We may discontinue or modify products at any time without prior notice.

 

  1. Refund policy
    1. You are purchasing individual access to the program for your own internal use in the ordinary course of undertaking the program. No parts of the program including login details, may be shared, reproduced, resold or otherwise made available to any third party without express permission from The Brand Coach Ltd. 
    2. In order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within seven days of the first module being released, please contact us at support@thebrandcoach.co.uk. All requests must include attachments demonstrating your participation in the coursework, including completion of the first module along with details of how the program did not meet your expectations. 
    3. Refunds will NOT be considered due to lack of attendance, connection issues, or other technical or access issues unless they are directly attributable to us. Nor for any request that comes more than seven days following the date of purchase. After day 7, all payments are non-refundable, and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
    4. Please note: If you opted for a payment plan and you do not request a refund within seven days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
    5. Upon determining that you are entitled to a refund pursuant to this policy, we will promptly issue an instruction to its payment processor to issue the refund. We do not control the payment processor and will not be able to expedite any refunds.
    6. If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all access granted to you to use the material provided to you under these Terms of Use and Participation. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
    7. All refunds are discretionary as determined by The Brand Coach Limited. To further clarify, we will not provide refunds for requests made after the 7th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
    8. If you have any questions or problems, please contact us by emailing support@thebrandcoach.co.uk.

 

  1. Termination
    1. We reserve the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive to us or other Program participants, if you fail to follow the Program guidelines, or if you otherwise violate this Agreement. 
    2. In the event of termination, you shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan which you owe to us under this contract.

 

  1. Confidentiality 
    1. The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
    2. Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

 

  1. No transfer of intellectual property 
    1. All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
    2. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
    3. Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.
    4. Furthermore, you agree to grant us an irrevocable licence to use any work produced by us on your behalf including, but not limited to; messaging, brand strategy and creative work.  
    5. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
    6. From time to time, I may record live sessions that I make available to you through the program.  If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other conditions or need for further consent.
    7. The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorised use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.
    8. You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

  1. Independent contractor status 
    1. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. 
    2. The Company is agreeing only to provide you with access to the Program, which provides education and information. 
    3. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

  1. Force majeure 
    1. The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

  1. Service/waiver 
    1. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

  1. Miscellaneous 
    1. You agree to absolve and do hereby absolve us of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. you agree that we shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
    2. The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. We and/or our suppliers may make improvements and/or changes in the Program at any time.
    3. We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. We and/or our Suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
    4. To the maximum extent permitted by applicable law, in no event shall we and/or our Suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if we and/or our suppliers have been advised of the possibility of damages. 
    5. If you are dissatisfied with the Program, or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

 

  1. Non- disparagement 
    1. The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
    2. Neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

 

  1. Assignment 
    1. You may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under this Agreement without our express written consent.

 

  1. Limit on our responsibility to you 
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
  • Losses that were not foreseeable to you and us when the contract was formed; or
  • Losses that were not caused by any breach on our part; 
  • Loss of profits;
  • Loss of sales or business;
  • Loss of anticipated savings;
  • Loss of use or corruption of software, data or information;
  • Loss of or damage to goodwill; and
  • Any indirect or consequential loss.
    1. Subject to Clause 17.1, our total liability to you shall not exceed the price of the product(s) we supply to you.

 

  1. Earning Disclaimer
    1. Every effort has been made to accurately represent this product and its potential. 
    2. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, Instagram or Kajabi, nor have they been reviewed, tested or certified by Facebook, Instagram or Kajabi. 
    3. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. You agree to any claims made of actual earnings or examples of actual results to be verified upon request. your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. For this reason, although we fully expect great results to come from your use of our products, we cannot guarantee any specific outcomes or that all clients will achieve the same results.  The results are entirely dependent on your participation, commitment and the effort you put into following the recommended course of action. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. 
    4. Materials in our product and our website may contain information that includes or is based upon forward-looking statements which are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results, and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.

 

  1. Entire Agreement 
    1. These Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

  1. Resolution of dispute 
    1. We will try to resolve any disputes with you quickly and efficiently.
    2. If you are unhappy with:
  • The products;
  • Our service to you; or
  • Any other matter;

Please contact us as soon as possible.

    1. If you and we cannot resolve a dispute using our internal complaint handling procedure, and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
    2. The laws of England and Wales will apply to this contract.

 

© The Brand Coach™

 

Last Updated: October 2020

 

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