In these standard terms of business “Ispire”, “Graham Roberts”, “Coaches”, “we”, “our” and “us” jointly and severally mean Ispire Motivational Coaching Limited whose principal place of business is at 11 Lincoln Close, Bishops Stortford, Hertfordshire, United Kingdom, CM23 4EX. These standard terms of business apply to any services which we provide to you and may be supplemented by one or more letters or invoices dealing amongst other things, with the specific services to be provided and the fees payable. “Service” is defined as the work that we have agreed to undertake to you as particularized in the invoice delivered to you.
These standard terms of business may be revised by Ispire from time to time; if so, a copy of the revised terms will be sent to you and will apply from the date it is posted to you. You are of course free to terminate the arrangement between us upon providing 7 days’ prior written notice if you do not accept the revised standard terms of business.
- Personal or business information supplied by the client to us in coaching sessions will be treated as private and confidential. The information supplied to us will not be disclosed to a third party unless with the prior consent of the client, required by law or where such disclosure may be necessary to prevent harm to the client as determined by us.
INFORMATION AND COMMUNICATION
- It is inevitable that, in order for us to fulfil our task, it will be necessary to obtain a significant amount of information from you including your other professional advisers. To enable the work to be carried out as efficiently as possible, you should ensure that all information provided is complete, accurate and up-to-date and is supplied as quickly as possible. You should notify us as soon as possible of any changes or variations to that information which may arise after the date it is passed to us, as well as of any new circumstances which might be relevant to the work we are undertaking for you. Where we receive personal data or other information from you we do so on the understanding that it is provided to us in compliance with all relevant regulatory provisions and that you will indemnify us for any costs or losses we may suffer in using or disclosing that data or information either for the purpose indicated to you at the time of its receipt, or in accordance with your instructions.
- In order to assist in communicating with you, correspondence and documents may be sent to you by unencrypted e-mail, via the internet. You will be aware that delivery via the internet is not guaranteed as a secure method of communication, nor are there any service standards for delivery; if you would prefer not to use email, either generally, or for highly confidential messages, please let us know.
- We will not be liable for any breach of confidentiality or damages caused by us communicating by e-mail with you or other parties involved in a particular matter.
- Our fees will be agreed before work is commenced and payment will be due and payable upon delivery of our invoice. Where additional staff are required to join the team working for you, they will be charged at the rates set out in the invoice. Time spent travelling is charged unless otherwise agreed before hand.
- Our fees will exclude VAT which will be charged separately if applicable.
- If our fees are to be calculated on a lump sum or capped basis or are to be subject to any discount, details will be set out in our invoice.
- Estimates and/or quotations are given by us to the client in good faith based on the needs of the client as determined by us and unless otherwise agreed our fees may be higher or lower than the estimates or quotations given. The client hereby expressly acknowledges and agrees that the estimates and/or quotations are provided on a confidential basis and not to be disclosed to any third party without our consent.
- In certain circumstances, there may be an expectation that a third party will pay your costs. In the event that such a third party does not pay the amount due, you will be required to pay the outstanding sum.
- Subject to Clause 1 above, if, in the course of providing our service to you or following early termination of our service, a third party seeks access to documents held by us, or seeks to interview any employee of ours, in connection with any work we have done for you, we may be required as a matter of law to comply, or otherwise deal, with such request. In such circumstances, we will notify you and seek your approval if possible, but if it is not practicable to do so, we will proceed on the basis that you are not prepared to waive confidentiality and that we should only comply with the request to the extent that we are legally required to do so.
- You will be responsible for our fees in dealing with any such request, including where necessary the costs of identifying, removing and/or scheduling documents, attending interviews in connection with the validity of the request. These fees may also include legal fees or the cost of third parties engaged by us in order to advise on issues connected with the request.
DISBURSEMENTS AND RECHARGING
- Expenses such as (but not limited to) travelling expenses, international telephone calls and faxes, couriers, stamp duty, filing or registration fees, external photocopying and search fees will be charged at cost in addition to our fees.
- Our invoices are due in full when rendered. We reserve the right to charge interest if they are not settled in full within 30 calendar days of their date. Any interest will be calculated from the date of the bill(s) until the date of payment, and will be charged at a rate at our discretion from time to time. Interest will be charged on a daily basis. If an invoice incorporates a discount at our discretion (either in the invoice itself or in other correspondence), such discount will only apply if the full amount of the bill is paid within 14 days (or such longer period as stated in the invoice or in other correspondence).
- Notwithstanding the terms and conditions set out in our invoices, a breach of payment terms will result in late payment fees being incurred and applied to the outstanding invoice amount. The value of the late payment fees will be determined by the outstanding invoice amount and the length of delay to payment being received, as per The Late Payment of Commercial debts (Interest) Act 1998 as supplemented and amended by the Commercial Debt Regulations 2002.
- Without prejudice to clause 2 above, in the event of a payment not being made either in respect of an invoice or on account, we reserve the right to decline performing any further service, to render an invoice for the work done up to that date and claim any outstanding sum under the invoice, if necessary.
- All sums paid to us by way of our fees, disbursements and other expenses shall be free from all taxation, levies and charges (including bank charges), except for deductions or withholdings required by law. If any deductions or withholdings are required by law, you will pay us such sums as will leave us with the same amount as we would have been entitled to receive in the absence of such deductions or withholdings.
INTELLECTUAL PROPERTY RIGHTS
- You hereby agree and acknowledge that the Service including without limitations background, foreground, sideground and postground Intellectual Property, information, documents and materials provided to you is the intellectual property owned by Ispire and agree to apply the same level of protection as if the intellectual property was owned by you.
- You agree to indemnify Inspire including without limitations its directors, officers, employees or agents for any loss, liability, disbursements, expenses and costs which is incurred that arises from directly or indirectly from the breach of the terms of the Service to be provided by us including without limitation any claim of infringement of Intellectual Property Rights or confidentiality which are owed to us.
LIMITATION OF LIABILITY
- You hereby agree not to hold us personally for any liability in connection with providing the Service (including without limitation any and all information, documents and materials provided to you) for failure or delay arising from a cause beyond our control including without limitation labour dispute, act of God, civil commotion or disobedience, war, infectious disease or pandemic, or compliance with a law or governmental order, rule, regulation or direction.
- You hereby further agree not to hold any employee, officer including without limitation agent of Inspire personally liable for any direct or indirect loss or consequential damage beyond the sum charged by us in our invoice.
SERVICE NOT COMPLETED
- Subject to Clause 1 below, should our service not be carried through to completion by your request or your repudiation determined by us, we will charge in respect of all work already completed calculated as set out above and stated in our invoice. You will also be billed for any disbursements incurred or payable on your behalf.
- Without prejudice to Clause 1 above, in the event that you notify us of your cancellation or intention to cancel the Service with less than 48 hours prior to the original date of the Service, we reserve the right to charge hereunder and you agree to pay in full the fee stated in the invoice delivered to you plus any and all disbursements incurred by us. If you give less than 48 hours prior notice to the original date of the Service but elect to re-schedule the Service on another date to be agreed at our discretion, you agree to pay half (50%) of the fee stated in the invoice plus any and all disbursements incurred by us for the re-scheduled Service. If you give more than 48 hours prior notice of the original date of the Service to re-schedule the Service on an alternative date to be agreed at our discretion, no additional fee will be charged and only the original fee on the invoice will be due and payable.
EARLY TERMINATION OF SERVICES
- We reserve the right to cease providing our service to you in the event our invoices are not settled in full and on time or requested by us, or you do not comply with our requests for payment on account prior to commencing the Service, or we believe that your action is a repudiation of the service to be provided by us, or there is a breakdown of confidence between us, or in any other circumstances where in our opinion it is not appropriate or possible for us to continue to provide our service to you. In these circumstances we will render a final invoice in respect of our costs and disbursements which shall be due and payable by you upon delivery.
- In the event of any dispute arising from or in connection with the Service, you acknowledge and agree to attempt one (1) session of mediation before commencing legal proceedings against Inspire.
GOVERNING LAW AND SUBMISSION TO JURISDICTION
This agreement shall be governed by, and construed in accordance with, the laws of England and Wales. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this agreement and any matter arising therefrom.
The following sections relate to the Ispire Lab.
- The Ispire Lab (“Lab”) is a collaborative experimentation space where individuals can learn, share and grow. Meaning, a facilitated learning community utilising behavioural change interventions, coaching and facilitation to enable individuals to learn new skills, reflect on current behaviour and establish new ways of thinking with the intention of growing positively in the world in which they live. The Lab also comes with access to a Facebook community created and sole owned by Ispire Motivational Coaching Limited (“the Company”) where ongoing support, materials and links will be posted to continually support individual growth.
- A Session means the occurrence of one Lab event, lasting between 60-120 minutes depending on the content covered and speed at which Trial Users and/or Registered Users cover the exercises developed by the Company for the Lab.
- The standard terms of business of the Company shall be incorporated hereinbelow as though they are repeated herein. Unless stated to the contrary, the definitions set out in the standard terms of business shall apply.
MEMBERSHIP AND SERVICE
- Trial and Registered Users
- You may sign up to attend one Session organized and run by the Lab free of charge (a “Trial User”). To become a one-time Trial User you must first provide one of the Lab’s facilitators with your Full Name and active e-mail address for the purpose of providing information and news relating to the Lab.
- If you wish to become a Registered User and have access to more services and facilities provided by the Lab for a fee, then please submit a request by e-mail at ‘email@example.com’. Upon receipt of your e-mail request, the Company will invite you via e-mail to set up a direct debit mandate through GoCardless Ltd, as well as invite you to join a private community on Facebook. Subject to the sole discretion of the Company, the Company may make available other payment options on a case-by-case basis which can be discussed with an authorized representative of the Company.
- By joining the Lab whether as a Trial User or Registered User, you warrant and represent that:-
- you have the legal capacity to enter into this binding contract;
- if you are under the age of 18, or the applicable age of majority, you may utilize the Services only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms;
- all User Information you submit is truthful and accurate;
- at all times while using the Service, you are responsible for maintaining the confidentiality of your account, password and other User Information and to maintain restricted access to your device to further help protect such information;
- your device satisfies any and all system requirements defined by the Lab;
- you will not use your access to the private community created on Facebook by the Company to injure or cause reputational harm to other members;
- you will not use your access to the private community created on Facebook by the Company to market, solicit or conduct any business transaction without the prior written consent of the Company;
- you will maintain the accuracy of such User Information and immediately notify the Company of any change within 30 days; and
- your use of the Service does not violate any applicable law or regulation.
- Any breach by you of the warranties and representations under clause 2.1(c) shall result in the Company terminating your access to the private community on Facebook without notice.
- By agreeing to become a Trial User or Registered User you give consent to opt-in to receiving occasional special offer, marketing, survey and Service based communication emails. You can easily unsubscribe from direct marketing by following the opt-out instruction provided upon request.
- Trial User or Registered User cannot assign, delegate, transfer, exchange or novate their rights, obligations or liabilities set out in these Terms and Conditions to a third party.
- Trial and Registered Users
- Subject to clause 3, as a Registered User, you will receive access to sections, features and functions of the Service that are not available to Trial User or the public.
- You knowledge and agree that you will not disclose or assist any person to disclose any or all information available under the Service without the prior written consent of the Company.
- Trial User and Registered User (the latter being subject to clause 3) may access the Services in two ways:-
- attendance at a physical Lab Session, held at various locations throughout the world, chosen and arranged at the sole discretion and final decision of the Company.
- attendance at a virtual Lab Session, held online using third party applications. Registration with such applications is at the discretion of the Trial User or Registered User, who must abide by the terms and conditions of the third party provider upon registration.
- Availability of Service
- Although Lab aims to offer you the best service possible, Lab cannot promise that the Service will meet your requirements and Lab cannot guarantee that the Service will be fault free. If a fault occurs in the Service, please report it to Lab at ‘firstname.lastname@example.org’ and Lab will review your complaint and, where Lab determines it is appropriate to do so, correct the fault. If the need arises, Lab may suspend access to the Service while Lab addresses the fault. Lab shall not be liable to you if the Service are unavailable for a commercially reasonable period of time.
- Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Service. Lab will restore the Service as soon as Lab reasonably can. In the event that the Service is unavailable, our usual Order and cancellation deadlines may apply; please notify us of changes to your Order by e-mailing ‘email@example.com’.
- Restriction on Use of the Service
- You agree not to upload, post, e-mail or otherwise send or distribute or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Service. You agree not to interfere with the servers or networks underlying or connected to the Service or to violate any of the procedures, policies or regulations of networks connected to the Service. You may not access the Service in an unauthorized manner.
- You agree not to impersonate any other person while using the Service, conduct yourself in an offensive manner while using the Service, or use the Service for any illegal, immoral or harmful purpose.
- By breaching the provisions of this clause 4, you may commit a criminal offense under applicable laws. Lab may report any such breach to the relevant law enforcement authorities and Lab may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
- You agree not to use the Service for any purposes related to scientific research, analysis or evaluation of the Service without the express written consent of the Company.
- Service Disclaimer
- The information contained in the Services is for general information purposes only. While Lab endeavors to keep the information up-to-date and correct, Lab makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Paid Subscription
- Lab offers single session as well as monthly and annual subscription fees. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days from the date of receiving the subscription fee.
- Subject to clause 3(a) and 3.3(b), our “Monthly” subscription fee is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Lab is authorized to deduct the amount per month as stated in the direct debit mandate (“Payment Method”) for the amount of the then current monthly subscription fee. The monthly renewal subscription fee will automatically continue to be billed to the Payment Method you provided, until cancelled. You must cancel your monthly renewal subscription before the next payment cycle date in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Any payments received before cancellation shall not be refunded and refunds cannot be claimed for any partial-month subscription period.
- Our “Yearly” subscription is paid for by a one-off upfront payment with automatic annual renewal. You acknowledge and agree that Lab is authorized to charge the Payment Method used for (i) the initial annual or subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect (if applicable) at the time of any such renewal. You must cancel your subscription before it is renewed in order to avoid billing of the next annual subscription fee to the Payment Method you provided. Any payments received before cancellation shall not be refunded and refunds cannot be claimed for any partial subscription period.
- You agree to promptly notify Lab of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscription fees purchased by you.
- In the course of your use of the Services, Lab and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Lab and Lab’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
- Lab’s obligation to provide the Services only comes into effect when Lab takes receipt of your Order, and Lab confirms your purchase to you by e-mail. Lab shall confirm your Order and send you an e-mail within 2 business days to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Services purchased through Lab for commercial purposes.
- Lab may at any time and from time to time, at our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Service. Lab will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your subscription in the Facebook account settings and emailing ‘firstname.lastname@example.org’.
- Paid Subscription
- Other Subscription
- “Gift Subscription” is a pre-paid non-refundable subscription fee to the Service. A person who purchases the gift is referred to in this clause as the “Giftor”. A person who receives and redeems a Gift Subscription to the Service is referred to in this clause as the “Recipient”. Gift subscription shall be paid for as a one-off upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Lab’s Gift Subscription will be sent to the Recipient on the Giftor’s requested date. A gifting code can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that a gifting code cannot be redeemed if the Recipient is already a Registered User. Lab will automatically bill the Payment Method you provided for any purchased Gift Subscription at the time of purchase, not delivery. There are no refunds or other credit exchanges for Gift Subscription that are not redeemed. Lab will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Lab is not responsible if a Gift Subscription is lost, stolen or used without permission.
- Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to Trial User of the Service, except where expressly stated otherwise. Previous users or trial users of the Service do not qualify as new Trial User. No promotion code or discount will apply to corporate or other community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.
- BY YOU
- All Monthly subscriptions have a minimum term of 4 Months from the date of first subscription. Payments will be deducted monthly. After the 4th payment has been deducted, subscription can be cancelled by e-mailing ‘email@example.com’. Lab will use its reasonable endeavor to complete the cancellation process within 2 business days.
- Subject to clause 3(a), you may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by e-mailing ‘firstname.lastname@example.org’.
- Yearly subscriptions can be cancelled at any time, with no refund for part or all of the Yearly subscription amount being given.
- BY YOU
- BY LAB
- Lab may suspend or terminate your use of the Service as a result of your act or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Service.
PERSONAL DATA PROTECTION
- In the course of your use of the Service, you may be asked to provide certain personalised information to Lab (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Lab’s information collection and use policies with respect to the privacy of such User Information are set forth elsewhere in these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date and notify Lab of any change.
- All materials (including software and content whether downloaded or not) contained in the Service are owned by the Company (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
- You acknowledge and agree that certain materials on or in the Service is the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions against you.
- Audio or video content from Lab not explicitly indicated as downloadable may not be downloaded or copied from the Service or any Device.
- The Service is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by Lab without notice and may result in termination of any and all privileges including your subscription to the Service. You shall not use any part of the materials used in or on the Service for commercial purposes without obtaining a written license to do so from Lab. Material from the Service may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms shall result in the immediate and automatic termination of your right to use the Service and may subject you to legal liability. You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Service. Appropriate legal action may be taken for any illegal or unauthorized use of the Service.
- A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Lab through the Services that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Lab grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Services, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable Lab to collect information with respect to the distribution and consumption of such content.
- Unless otherwise permitted in this Clause 6, you shall not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Service or procure any person to do so. If you make other use of the Service, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom or applicable laws and may be subject to liability for such unauthorized use. Lab will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Lab®, the Lab logo and all other Lab service or service marks are trademarks or pending registration of trademarks of Lab. All intellectual property, other trademarks, logos, images, service and company names displayed or referred to on or in the Service is the property of Lab. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Service is strictly prohibited. Lab will enforce its trademark rights to the fullest extent of the law, including the seeking of injunctive relief.
- The Service may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Service. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publically available material of any kind that you submit to Lab, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Service purchase, or Service use information which you provide in registering for and using the Service.
- This Clause 8 sets out the rights and obligations that you and Lab have in connection with the User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
- Lab does not systematically review User Material submitted by you or other users. You acknowledge and agree that Lab shall not be responsible for the content of the User Material provided by you or any other user. Lab does not necessarily endorse any opinion contained in such material and makes no warranties or representations, express or implied, about the User Material, including as to its legality or accuracy.
- Lab reserves the right, at its sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Service, particularly where User Material breaches this Clause 8, and Lab shall do this with or without giving you any prior notice.
- Lab may link User Material or parts of User Material to other material, including material submitted by other users or created by Lab or other third parties. Lab may use User Material for its internal business purposes, for example, to examine trends or categories or to promote, market or advertise Lab. You acknowledge and agree that Lab may indirectly commercially benefit from use of your User Material.
- Each time you submit User Material to Lab, you represent and warrant to Lab as follows:
- You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
- Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- Your User Material does not advertise any service or service or solicit any business.
- Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
- You will not collect usernames and/or e-mail addresses of users for the purpose of sending unsolicited e-mail or direct marketing.
- You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
- You will not engage in any automated use of the system, such as using scripts to alter our content.
- You will not, without authorization, access, tamper with, or use non-public areas of the Service, Lab’s computer systems, or the technical delivery systems of Lab’s providers.
- Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware services, you will not attempt to probe, scan, or test the vulnerability of the Service or any other Lab system or network or breach any security or authentication measures.
- You agree to fully indemnify Lab for any breach of these representations and warranties mentioned under this Clause 6.
- Lab is entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
- User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. Lab does not claim any ownership rights in User Material but you agree to licence the right to use the User Material until Lab decides not to use the User Material. However, by submitting User Material you hereby grant Lab an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Service, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Lab may include your User Material in Lab’s Distribution Content that is made available to others through the Service. Be aware that Lab has no control over User Material once it leaves the Service, and it is possible that others may duplicate material found on the Service, including but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Lab and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
- Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Services or User Material that you provide to Lab (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Service, you grant, and you represent and warrant that you have the right to grant, to Lab an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Lab has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Lab and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
LINKS TO WEBSITES/HOME PAGE
- Lab may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Lab is not responsible in any way for: (a) the availability of; (b) the privacy practices of; (c) the content, advertising, services, goods or other materials or resources on or available from; or (d) the use to which others make of these other websites or services. Lab is also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage the Company’s or Lab’s reputations or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s or Lab’s part where none exists. You must not establish a link from any website that is not owned by you. The Service must not be framed on any other website, nor may you create a link to any part of the Service unless you have written permission to do so from Lab. Lab reserves the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Service other than that set out above, please send your request by e-mail to ‘email@example.com’.
- Lab is a provider of self-development content in the health & wellness space. Lab is not a health care or medical device provider, nor should its Service be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that self-development can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Lab makes no claims, representations or guarantees that the Service provide a therapeutic benefit.
- Any health information and links on the Service, whether provided by Lab or by contract from third party providers, is provided simply for your convenience.
- Any advice or other materials in the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials Lab makes available are intended to support the relationship between you and your healthcare providers and not replace it. Lab is not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, Lab makes no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Service.
- Any and all Trial User(s) and Registered User(s) with existing mental health conditions should speak with their health care providers before subscribing to the Service provided by Lab.