Terms

TERMS & CONDITIONS

1. INTERPRETATION

By purchasing this product, the following Terms and Conditions are entered into by In Good Company Ltd trading as Zoe Hawkins (“Company”, “we”, or “us”) and You (“Client” or “You”) (together “Parties”) agree to the follow terms stated herein.

1.2  The Company’s Terms of Use and Privacy Policy 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 Course.

1.3 In Good Company Ltd (herein referred to as “Zoe Hawkins” or “Company”) agrees to provide courses named “SWITCH UP YOUR CAREER" and/or "UNLOCK YOUR CAREER CLARITY"  (herein referred to as “Courses”) identified in online commerce shopping cart. As a condition of participating in one or both of the Courses, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

2. COURSES

2.1  As part of the Courses, the Company shall provide the following to Client:

A Password Protected Course Area: The Company shall maintain a Course Area that will include course materials and other training and support information. You shall have access to this Course Area for as long as the Course Area exists, however no less than the duration of the Course plus two weeks. In the event that Company intends to close the Course Area, it shall provide Client with a 14-day notice and the ability to download the resources contained in the Course Area, which is what is referred to as “Access” in our marketing materials.

2.2  Course Participant Facebook Group: The Company shall create and maintain a closed Facebook group for students of the Courses (“the Course Facebook Group”). The Course Facebook Group shall be open indefinitely at the discretion of Company. This is a community run group, meaning that students are encouraged to help each other. Membership of the group is subject to Client adhering to group rules and these Terms and Conditions and the discretion of Company.

2.3  From time to time, the Company will offer bonuses such as extra materials to individuals who sign up for the Courses. 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 Course and they vary depending on specific live and automated promotions throughout the year.

3. DISCLAIMER

3.1  Client understands that Zoe Hawkins (herein referred to as “Consultant”), makes no claims to be an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant for the purposes of any Course.

3.2  The information contained in the Courses, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

3.3  You agree to absolve and do hereby absolve the Company 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 Courses and/or any information and resources contained in the Courses. You agree that the Company 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 Courses.

3.4  The information, software, products, and service included or available through the Courses may include inaccuracies or typographical errors. Changes are periodically added to the information in the Courses. The Company and/or its suppliers may make improvements and/or changes in the Courses at any time.

3.5  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 Courses for any purpose. To the maximum extent permitted under English Law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind.

3.6  Any claims made of actual earnings or examples of actual results can be verified upon request. Under the marketing device to ‘get You from A to B’ or similar representations, the level of success in attaining results will vary from client to client based on unique attributes and effort of that individual. We cannot guarantee your success or income level. Nor are we responsible for any of your actions.

3.7  To the maximum extent permitted, in no event shall the Company 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 Courses, with the delay or inability to use the Courses or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Courses, or otherwise arising out of the use of the Courses.  You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Courses. If you are dissatisfied with the Course sor any portion of it, your sole and exclusive remedy is to discontinue using the Courses.

4. FEES

4.1 In consideration of Your access to the Courses, you agree to pay the agreed fees in full.

5. PAYMENT TERMS

5.1  For "SWITCH UP YOUR CAREER" you may choose between:

1. a single payment due immediately upon application; or,
2. two equal payments (hereafter referred to as Dual Payments), the first due immediately upon application, the second and final due no later than 13 clear days after the start date of the course.

UNLOCK YOUR CAREER CLARITY is a single payment due immediately upon application

5.2  If You opt for Dual Payments, You will remain responsible for those payments unless you obtain a refund according to the Course’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Courses and associated materials and groups. Company agrees to keep secure any payment details provided and destroy them effectively when payments are complete.

5.3  If You elect for the dual payment plan, You hereby authorise the Company to charge your credit card or debit card automatically for the second payment using the same card details as the initial payment unless You have provided Company with alternative card details. 

5.4  You authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

5.5  Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your Course access will be immediately suspended.

6. REFUND POLICY

6.1  The Company provides a fourteen-day no quibble money-back guarantee for the Courses in parallel with your applicable statutory rights. That money-back guarantee is governed by the terms herein.

6.2  We will NOT provide automatic refunds for any request that comes more than fourteen days starting from the date of full payment if you paid in one single full payment; or, the date of the initial payment if you opted for the dual payment.

6.3  After this all payments are non-refundable under any circumstances subject to statutory rights.  You remain responsible for full payment of the fees for the Course regardless of whether you complete the Course.

6.4  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.

6.5  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 and intellectual property provided to you under this Agreement and any documents and electronic documents referred to herein or provided at the time of enrolment. 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, associated social media groups, and other resources.

7. CONFIDENTIALITY

7.1  Client agrees to comply fully with GDPR at all times during the Course and with regard to use of social media groups associated with the Courses or Company.  Where the statutory obligations do not apply to individuals you must adhere to them nonetheless.  For information on Your statutory GDPR obligations please visit www.ICO.org.uk.

7.2  The Company agrees to uphold its obligations under GDPR.  Company will not disclose any information You provide except as set forth in this Agreement and that already in the public domain. As a condition of participating in the Courses, you hereby agree to respect the privacy of other Course participants and to respect the Company’s confidential information.

7.3  Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course unless you receive express written permission from such other participant to share the information. Similarly, the content of the Courses 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 Course with anyone other than the Company, its owners and employees, and other Course participants.

8. INTELLECTUAL PROPERTY

8.1  All content included as part of the Courses, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Courses, is and remains the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

8.2  Your participation in the Course does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Course, You agree to observe and abide by all copyright and other intellectual property protection.

8.3  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 Course are the trademarks of their respective owners.

8.4  You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Course 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 Course.

8.5  The Company resources IP and Course content is not for resale. Your participation in the Course 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.

8.6  You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. For the avoidance of doubt, if you violate the Company’s intellectual property rights, your access to the Course will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

9. FORCE MAJEURE

9.1  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 nature, extreme weather, 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 failure.

10. JURISDICTION

10.1                 This Agreement and any matters arising from it are to fall under English Law. The Client accepts that this Agreement and any disputes arising from it and the products and services to which it relates, following reasonable informal resolution attempts and formal independent arbitration should be dealt with by application to the courts of England and Wales only. 

10.2                 If any term or provision of this Agreement is found 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.

11. NON-DISPARAGEMENT

11.1                 The Parties agree and accept that the only process for resolving disputes shall be that described herein (see 10.1).

11.2                 The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage or defame the other or their officers, nor as a means of complaint or dispute resolution.

11.3                 Neither Client nor any of Client’s 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 statement 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 Courses, members, shareholders, directors, officers, affiliates, subsidiaries, employees, agents or representatives until all means of resolution have been sought in private or through the courts.

12. TRANSFERS

12.1                 Client may not assign or transfer to any other legal person this Agreement without express written consent of Company.

13. MODIFICATION

13.1                 Company may modify terms of this Agreement at any time. All modifications shall be posted on the Zoe Hawkins’ website and purchasers shall be given reasonable notification.

14. TERMINATION

14.1                 The Company reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time, if You become disruptive to the Company or other Course participants, if You fail to follow the Course 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 such termination.

15. INDEMNIFICATION

15.1                 You agree to indemnify the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal costs) relating to or arising out of your use of or inability to use the Course and related services, any social media posts made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, breach of GDPR, or your violation of any applicable laws, rules or regulations.

16. DECLARATION

16.1                 Enrolment constitutes a declaration of express agreement by both Parties to the terms and conditions herein and in any document or statute referred to herein and through any other associated media provided by Company to Client at the time of enrolment. If You require further clarification, please contact [email protected].

If you do not understand or agree with any of these conditions, please do not enrol.