FearLess Creatives Coaching Programme:
Terms & Conditions
Rules of Programme
Effective date: August 2023
TERMS OF PURCHASE & PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions (the “Agreement”) are entered into by Jay Émme Life Coach (“Company”, "The Coach", “we”, or “us”) and You (“The Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to collectively as “Parties” in this Agreement.
PROGRAMME/SERVICE
Company agrees to provide the group coaching programme, “FearLess Creatives” (herein referred to as "the Programme”) as outlined on the web page where You register, which may include digital or downloadable resources, an online course, one-on-one or group coaching, workshops, trainings online private forums operated by Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course platform or facebook.com. As a condition of participating in the Programme, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The Company will periodically make updates to the core program, and you will have access to updated materials for as long as the Company continues to offer the Programme area and portal to its customers, which is what is referred to as “Lifetime Access” in our marketing materials. "Lifetime Access" is for the duration of the Programme, and not the duration of The Client, The Coach, or The Company.
From time to time, the Company may offer bonuses to individuals who sign up for the Programme. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the Programme and they vary depending on specific live and automated promotions throughout the year.
The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Programme. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
PARTICIPANTS
This Programme is intended and only suitable for individuals aged 18 and above. Some of the content in this Programme may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18. Anyone found to be using the Programme under the age of 18 will be removed immdiately without refund.
This Programme is intended to be utilised by online business owners and entrepreneurs who will implement the skills and strategies taught throughout the Program to their businesses.
COMPANY TERMS
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
FEES
In consideration of Your access to the Programme, you agree to pay the following fees:
A single payment of £1,111 for "Lifetime Access" to the programme.
Six monthly payments of £222, totalling £1,332, for "Lifetime Access" to the programme. The first payment will be taken immediately, and then each month following until payments are complete.
In some circumstances, participants may be able to pay in smaller instalments. Please contact the Coach to come to a mutual agreement, which will be confirmed in writing.
In the event that any payment is not made, the Company shall immediately suspend your access to the Programme and any bonuses, including loss of access and registration for any virtual events.
METHODS OF PAYMENT
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorisation, for which you will receive an electronic receipt. You also agree that the Company is authorised to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
REFUND POLICY
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 14-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
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, contact Jay Émme at [email protected] and let us know you’d like a refund within 14 days after the commencement date of your course, by 3:59pm GMT (“Refund Period”). You must include your coursework with your request for a refund, as outlined below. If you request a refund, you will forfeit the opportunity to purchase this course again at a future date.
We will NOT provide refunds for any request that comes more than 14 days after the initial purchase date of The Client. After the Refund Period, 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. This decision is final.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, 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.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. 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.
All and any refunds are discretionary as determined by Jay Émme, Coach.
In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Programme, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of the Programme and no refunds will be provided to you. By using and/or purchasing our Programme, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
The Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviours or actions that violate these Terms, the Company may terminate your access and participation in the Programme without notice and without refund.
If you have any questions or problems, please let us know by contacting us directly: [email protected].
YOUR CONDUCT IN THE Programme; CONFIDENTIALITY; USE OF YOUR MATERIALS
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
The Company respects the privacy of its customers 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.
Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme 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 Programme with anyone other than the Company, its owners and employees, and other Programme participants.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from the Program or other participants with anyone else
- Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
The Programme is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Programme participants to join, “shadow” groups on social media or any other platform.
We may also post separate rules regarding your behaviour in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into this Agreement.
By posting or submitting any material in the Mighty Networks group, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorised by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future program or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the program at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in anyProgramme, without compensation to you at any time, now or at any time in the future.
The Company, and/or The Coach, may notify The Client prior to the use of any written statements, images, audio recordings or video recordings of The Client obtained while enrolled in theProgramme. All Clients will remain anonymous and The Company will not, under any circumstances, share personal or sensitive data of The Client.
The Client waives any right to payment, royalties or any other consideration for The Company’s use of such written statements, images, audio recordings and video recordings and The Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which The Client, their heirs, representatives, executors, administrators, or any other persons acting on The Client’s behalf or on behalf of the Client estates have or may have by reason of this authorisation.
USERNAME AND PASSWORD
To access certain features of the Programme, including any private Programme areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Programme to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Programme or any of its content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
NO TRANSFER OF INTELLECTUAL PROPERTY; LIMITED LICENSE
All content included as part of the Programme, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Programme, is the property of the Company or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.
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 the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Programme are the trademarks of their respective owners.
As a purchaser or participant in the Programme, you are our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Programme and Content for your own personal purposes or your own business only.
Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright and other intellectual property protection.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Programme or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Programme or any Company content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorised use of any materials found in the Programme or Content shall constitute infringement.
The Company content is not for resale. Your participation in the Programme 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.
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 Programme will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Your use of any materials found in the Programme or Content other than that expressly authorised in this agreement or by a separate written assignment, is not permitted (“Unauthorised Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Programme in the event of your Unauthorised Use, or a minimum of £5,000 if you did not pay fees for the Programme, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorised Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
FORCE MAJEURE
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, pandemic, death, illness or incapacity of Jay Émme, explosion, any local, state, federal, national or international law, governmental order or regulation, 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 labor 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 (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Programme or other accommodations, or may terminate this Agreement.
SEVERABILITY
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. The remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
DISCLAIMERS AND RELEASE
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Programme, which provides education and information. The information contained in the Programme, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
You agree to absolve and do hereby absolve and release the Releasees (defined below) from 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 Programme and/or any information and resources contained in the Programme. You agree that Releasees 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 Programme, including its content, materials, products or services, or third-party content, materials, products or services made available through the Programme.
The information, software, products, and service included or available through the Programme may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programme. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide The Client with third-party recommendations for such services as marketing, photography, business, health, therapy, or other related services. The Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through The Coach’s website are only examples of what may be possible for The Client. There can be no assurance as to any particular outcome based on the use of The Coach’s programs, courses, and/or services. The Client acknowledges that The Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of The Coach’s website, programs, products or services.
The Company and/or its 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. The Company and/or its 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.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its 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 Programme, with the delay or inability to use the Programme or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programme, or otherwise arising out of the use of the Programme, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Programme or any portion of it, your sole and exclusive remedy is to discontinue using the Programme.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Programme.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
Client understands and acknowledges that Jay Émme (herein referred to as “Consultant” or "Coach") and the Company are not an agent, lawyer, medical doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst or advisor, psychologist, psychotherapist, medical professional or accountant, and their services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counselling or any other type of therapy or professional advice. It shall not be used as a form of obtaining an ADHD diagnosis or evaluation.
Client understands that Consultant and the Company have not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s or Company’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties wish to continue their relationship, they shall execute a separate agreement.
The Client agrees to be open minded to The Coach’s methods and partake in services as proposed. The Client understands that The Coach has made no guarantees as to the outcome of the coaching sessions or Program. The Coach may revise methods or parts of the Program based on the needs of the Client.
SECURITY
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
USERS OUTSIDE UNITED KINGDOM
The Company controls and operates the Program from offices in the United Kingdom. The Company does not represent that materials on the Programme are appropriate or available for use in other locations. People who choose to access the Programme from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on Jay Émme’s website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Programme and the related services or any portion thereof at any time, without notice, if You become disruptive to the Company or other Programme participants, if You fail to follow the Programme guidelines, or if You otherwise violate this Agreement. 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 in the event of termination.
In the event you decide to cancel your participation in the Programme, You will not be issued a refund for any remaining days or months of the Program after your cancellation, and any remaining instalment, default, or late payments will be due immediately.
In the event of cancellation or termination, you are no longer authorised to access the part of the Programme or its content. The restrictions imposed on you in this Agreement with respect to the Programme and its content will still apply now and in the future, even after termination by you or the Company.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify, defend, release and hold harmless the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns; any Company volunteers; and Jay Émme (collectively “Releasees”) for, from and against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Programme and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
COACHING DISCLAIMER
Every effort has been made to accurately represent our programs and the educational value they provide.
Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort and willingness, education, and changes within your life. Running an online business carries risks, and your use of any information contained on this website is as at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties.
By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services.
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected].
Contact Us
If you have any questions, concerns or complaints about the FearLess Creatives Programme - Terms & Conditions, please contact us:
- By email: [email protected]
