Terms of Service for Monetise Your Message (jen-hall.com/marketleaderleague.com)
Introduction
1. Application of terms and conditions
1.1. These terms and conditions (“Terms”) apply to taking Monetise Your Message (“Course”) operated by On Fire Coaching Ltd (trading as Jen Hall, Market Leader League) (“I” , “me” or “myself”). By applying to be a member of our course, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing. The agreement between myself and you, the person or entity applying to be a member of our course (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you applying to be a member of our course and shall continue until terminated in accordance with these Terms.
1.2. These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website https://marketleaderleague.com (“site”)).
1.3. Any content posted or submitted by you to our site [or to our Facebook Group] in the course of your Course is subject at all times to the Acceptable Use Policy and the Boundaries document contained within the private Facebook community.
1.4. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
2. Course Membership
2.1.
- We may at our absolute discretion refuse the course to any person or entity and I shall not be obliged to state our reasons for such refusal.
- The Course shall continue unless they are terminated by myself in accordance with clause 6 below.
- You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify me immediately if you become aware of any unauthorized use of your account and you shall indemnify me against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorized use of your account.
- The online materials of the Course are held on third party secure servers and I have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, I shall have no liability in any circumstances.
- The materials I deliver as part of your Course do not in any way constitute advice or recommendations. We are providing training and guidance only. I am not able to advise you on your individual circumstances.
3. Programme: Monetise Your Message is a self study online Course with no one-to-one support included.
4. Payment
4.1. The total price payable for the Course is as set out on the order form. You may make payment via the methods that are specified on the order form. Where the payments are stated on the order form to be made in instalments or are recurring payments, you agree that I may take these payments automatically without any further consent or notice from you.
4.2. Without prejudice to any other right or remedy that I may have, if any sum payable under these terms is not paid within 7 days of the date due I reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC from time to time in force and/or (ii) suspend the Course until such time as payment is made or the Contract is terminated.
4.3. The total price payable as set out in the order form is inclusive of Value Added Tax.
4.4. All payments are non-refundable other than as set out in paragraph 7.2 below.
5. Our obligations
5.1. I warrant to you that the Course is of satisfactory quality and reasonably fit for the purpose for which you purchased the Course.
5.2. Other than as set out in paragraph 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law
5.3. I will endeavour to ensure that all information that I provide is accurate and up-to-date but I shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
5.4. You acknowledge and agree that your personal data will be processed by and on behalf of myself as part of me providing the Course to you and consent to me using it in accordance with our Privacy Policy.
6. Intellectual Property
6.1. I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials provided to you by me as part of the Course (“Materials”) [and all content within the Programme] and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials [or the content of the Programme] to you or to any other person.
6.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials.
6.3. I grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use all or any of the Materials for the purposes for which the Course was provided only.
6.4. Except as set out in paragraph 6.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
6.5. You may not without our prior written consent make any audio or visual recordings of any part of our Materials.
6.6. I may from time to time record any or all or any part of the Materials being delivered during your attendance. You authorise me to use your image and voice in any such recordings (and to make use of such recording in any way I think fit) without payment, other condition or need for further consent.
6.7. You acknowledge that certain information contained in the Materials is already in the public domain.
6.8. You are not permitted to sell or promote products or services to other members of our Course at any time without our prior written permission.
6.9. The provisions of this paragraph 6 shall survive termination of the Contract.
7. Term and termination
7.1. The Contract shall continue until your membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.
7.2. You may terminate your Course and the Contract at any time by emailing me at Jen@jen-hall.com. Subject to paragraph 7.3 below, no refunds will be provided.
7.3 You may terminate your Course and the Contract and obtain a full refund of any amount paid by you for the Course if you email me at jen@jen-hall.com within 24 hours after the date of your first course payment clearly stating your wish to terminate. No refunds will be given in any circumstances after this time.
7.4. Notwithstanding the provisions of paragraph 7.1 or 7.2, I may terminate the Contract on written notice to the other with immediate effect if at any time:
7.4.1. the other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
7.4.2. the other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
7.4.3. the other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
7.5. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
7.6. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
7.7. Any delay by me in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
7.8. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
7.9. This paragraph 7 shall survive termination of the Contract.
7.10. Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.
8. Liability
8.1. I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into the Contract and/or me providing the Membership.
8.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Course.
8.3. If I am prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
8.4. I shall not be not liable for additional costs incurred by you as a result of changes in (i) the Course, (ii) any of the Materials, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
8.5. Nothing in this paragraph 8 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal forme to exclude, or attempt to exclude, our liability.
8.6. The provisions of this paragraph 8 shall survive termination of the Contract.
8.7. You acknowledge and agree that:
8.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);
8.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.
9. General
9.1. By applying for Course you warrant that:
9.1.1. You are legally capable of entering into binding contracts; and
9.1.2. You are at least 18 years old; and
9.1.3. That all information you provide me with is materially true and accurate at all times and not misleading in any way.
9.2You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. I can transfer all or any of our rights and obligations under these Terms at any time.
1. All notices sent by you to me must be sent to On Fire Coaching Ltd (trading as Jen Hall) at jen@jen-hall.com. I may give notice to you at either the email or postal address you provide to me in writing. Notice will be deemed received and properly served 24 hours after an email is sent or two days after the date of posting of a pre-paid first class, recorded delivery or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the first class, recorded delivery or registered post and, in the case of an email, that the email was sent to the specified email address of the addressee.
2. If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
3. If I do not insist on performance of your obligations or I delay in exercising any rights or remedies that I have, that will not mean that I have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If I do waive a default by you, that will not mean that I will automatically waive any subsequent ;;’;default by you. No waiver by me of any of these Terms shall be effective unless I expressly say that it is a waiver and I tell you so in writing.
4. I may vary these Terms (other than the price payable by you for the Course) as I see fit from time to time and if I do, I shall notify you by email of the change of terms. Your continuation with the Course will be deemed to be your acceptance of any new Terms.
5. You accept that communication with me will be mainly electronic. I will contact you by email or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
6. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
7. These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and I both agree to the exclusive jurisdiction of the English courts.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
jen@jen-hall.com
www.jen-hall.com