“Client” or “User” means any person purchasing or using any products, services or solutions from gybtv.net, fraserhay.co.uk, fraser hay.com, Growyourbusinessclub.co.uk, Growyourbusiness.tv, growyourbusinessschool.com, growyourbusinessboardroom.com, theventurecatalyst.co.uk and/or Grow Your Business Limited.
“Services” means the various services on offer at any of the above websites or from Grow Your Business Limited which include, but are not limited to blogs, articles, ebooks, whitepapers, digital downloads, videos, workshops, training and coaching services.
“Web Site” means a group of interlinked web pages located on the World Wide Web at any of the internet addresses listed above.
“Products” means the various printed, electronic, audio or video products offered under the " Grow Your Business Limited", "The Venture Catalyst" or "Grow Your Business" brands, which include, but are not limited to quizzes, audits, books, ebooks, CDs, DVDs, videos, distance learning courses.
The headings in this Agreement are inserted for convenience only and shall not affect their construction. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa, reference to any gender shall include all other genders and references to persons shall include bodies corporate, unincorporated associations and partnerships, in each case whether or not having a separate legal personality.
References to the word “include” or “including” are to be construed without limitation. References to clauses and sub-clauses are to the clauses and sub-clauses of this Agreement unless otherwise specified. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.
Grow Your Business Limited reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website.
LINKS TO THIRD PARTY SITES
The Website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Grow Your Business Limited and it is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Grow Your Business Limited is not responsible for webcasting or any other form of transmission received from any Linked Site. Grow Your Business Limited is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Grow Your Business Limited of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Grow Your Business Limited that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. The Grow Your Business Limited Website has no obligation to monitor the Communication Services. However, The Grow Your Business Limited Website reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Grow Your Business Limited Website reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Grow Your Business Limited Website reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Grow Your Business Limited Website’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Grow Your Business Limited Website does not control or endorse the content, messages or information found in any Communication Service and, therefore, Grow Your Business Limited specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Grow Your Business Limited spokespersons, and their views do not necessarily reflect those of Fraser J. Hay.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO The Grow Your Business websites, The Grow Your Business websites do not claim ownership of the materials you provide to The Grow Your Business Websites (including feedback and suggestions) or post, upload, input or submit to The Grow Your Business Websites or its associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Grow Your Business Websites, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Grow Your Business Limited is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Grow Your Business Website’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Grow Your Business Limited Websites or Grow Your Business Limited do not recommend a particular business strategy, tactics, concept, technique, principle or idea of any kind. All information and content shared on the site and in coaching sessions are mentioned for illustrative and educational purposes. The information is intended to provide you with a basic education, understanding and instruction regarding starting, running and marketing your own business.
It is recommended that you seek professional legal or accountancy help prior to implementing any information shared.
Although we have used our best efforts to provide the most relevant, accurate and up-to-date information, we cannot promise any results generated by the information we share. You are ultimately responsible for the decisions and choices you make. You decide what resources you have available and which resources you will use applying and implementing the information we share. Grow Your Business Limited, Grow Your Business Limited, its speakers, coaches or members are not liable in any way for your activities, decisions or results you make resulting from accessing our website, information, solutions or any of the intellectual capital we share via our website, live events, personal coaching sessions or consultancy services.
Grow Your Business Limited or Grow Your Business Limited do not guarantee any results or return on investment based on the information on offer or from the choices you make with the information we share with you.
There is risk of loss in starting, running and investing in a business and marketing its products, services and solutions. Before commencing trading or investing in any promotional activities, one should consider the risks and whilst there is a potential for profit, there is also potential for loss.
All decisions are your responsibility. You are in control. It is your business. You make the decisions. Not us.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
TRAINING & COACHING
Except as expressly warranted herein, the Services are provided on an “as is” basis and “as available” basis and neither party makes any warranties, either express or implied, with respect to its Web Site(s), the reliability, security, continuation or success thereof, the materials contained therein, the servers used or the goods or services offered by either party and each party expressly disclaims any warranties, express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
All Coaching Programmes provided under the "Grow Your Business", " Grow Your Business Limited", "Grow Your Business School" or "Skillutions" brands are a coaching service provided by The authorised Grow Your Business Coach. Results are generated and progress is made upon successful completion of the weekly exercises , assignments and successful application and implementation of the concepts, techniques, strategies, tactics and principles shared in each session.
In no event shall Grow Your Business Limited, The Grow Your Business Limited website, it’s officers, staff or representatives be liable to the client in contract, tort or otherwise for any loss of data, sales, revenue, profit, production, progress, anticipated savings or business opportunities or any type of indirect, economic or consequential loss even if that damage or loss was reasonably foreseeable or that the client had been advised of the possibility of such loss or damage arising.
The Client agrees it is solely responsible for the progress made from implementing and applying the techniques, concepts, and ideas in their business gained from any training or coaching session – ( NOT Grow Your Business Limited, The Grow Your Business Websites or it’s officers, staff or representatives).
Clients are responsible and for completion of all exercises and assignments prior to the commencement of the next session. Clients are responsible for allocating the appropriate human, technical and financial resources required for creating and executing any coaching plan of action for their business.
Notwithstanding the generality of clause above, Grow Your Business Limited and The Grow Your Business Limited website shall not be liable for any consequential or indirect loss suffered by the Client including without limit damage or corruption to the Site or other software or data or loss of profit, business, revenue, goodwill or anticipated savings; the transmission or reception of information from or to the website; the acts and omissions of telecommunications providers whose services and equipment are used in connection with the Site including without limit a failure of their equipment.
THE WEBSITE OBLIGATIONS
In consideration of the obligations undertaken herein by the Client, and the payment of the Client fee as detailed in this Agreement, The Grow Your Business Limited hereby agrees and undertakes with the Client, subject always to the provisions of this Agreement, to: provide the product or Services requested to the Client during the continuance of this Agreement or the “duration” of the provision of the service; charge the Client the Fees in accordance with the terms of this Agreement and the current price list as detailed on the website. The Grow Your Business Limited may make such improvements and amendments to the Web Site, products, services, agreements or pricing as it considers necessary from time to time.
The Client warrants that: it will at all times comply with all the terms of this Agreement; it will at all times use the products and services provided by The Grow Your Business Limited in a manner consistent with their purpose and complete all tasks, exercises and assignments as made available to the Client; comply with all statutes, byelaws, regulations and requirements of any government or other competent authority relating to the Site and obtain all necessary licences and consents required in relation thereto; it will at all times keep confidential the content of the website and it will at all times meet all payment obligations specified in this Agreement and as per the current pricing available on the website. it will at all times hold The Grow Your Business Limited or any of its individual staff, or coaches harmless against any harm, loss, cost or expense resulting from any interaction, use of, or application of advice gained from activities relating directly to the website, training, coaching, or consultancy services.
The Client will pay for all Goods & Services prior to any product, service or solution being provided unless agreed otherwise by Grow Your Business Limited. The fees in respect of each good or service are those notified to the Client as amended from time to time by email and/or as displayed on the website. All coaching is paid monthly (4 weeks) in advance by credit card, paypal, debit card or BACS transfer.
Refunds are not available for coaching services, as the onus is on the client to adequately resource and execute their plan. No refunds will be permitted for any electronic downloadable products.
All members requesting a refund will be required to complete a refunds questionnaire.
Notwithstanding the above, Grow Your Business Limited reserves the right to provide credit to the Client at its own absolute discretion either in respect of any individual transaction or in respect of all transactions.
As the success of any marketing campaign is dependent upon the client allocating the correct amount of human, technical or financial resources to ensure successful implementation, no refunds will be payable to the client for any lack of increase in sales of their products or services. No refunds will be payable in the event that a client is unable to make the arranged/agreed time for the coaching session. Sessions can be mutually re-arranged, but refunds are not offered on the basis of a “missed” appointment or in the client not being able to find the time to complete action plans, homework exercises or honour their contractual obligations once agreed.
USE OF CONTENT & MATERIALS
The Client agrees not to reproduce or use any of the content or materials in any training, coaching or consultancy pertaining to their business or enterprise or included the content or materials in any product or service offering whatsoever. All other uses of The Grow Your Business Marks, content, marketing materials, and associated documentation require the prior approval of Grow Your Business Limited and Fraser J. Hay.
The Client shall be solely responsible for the annual or monthly renewal of all transactions into which the Client has entered. Whilst The Grow Your Business Limited may elect to provide a renewal system with automatic alerts to the Client, nevertheless The Grow Your Business Limited cannot be held responsible for the efficient operation of this renewal system and it is the duty of the Client to ensure that all transactions are renewed by their renewal date. In the event that any transactions are not renewed by their renewal date, The Grow Your Business Limited reserves the right, but is not obligated, to contact directly the customer for whom that transaction was created to enquire about the reasons for non-renewal and to attempt to renew the customer directly with The Grow Your Business Limited website and the Client will assist The Grow Your Business Limited in this regard by providing all relevant information necessary.
It is recognised that the designated times for calls and appointments set by The Grow Your Business Limited can change due to unforeseen circumstances. It is agreed between the parties that The Grow Your Business Limited will make reasonable effort to notify the client of any changes to predetermined calls or appointments. Notification may be sent/given by Phone, email, SMS or in person. It is further agreed that both parties will agree a mutually convenient time to reschedule the call/appointment if required.
This does not constitute a claim for a refund. Each party’s Authorised Representative shall be responsible for maintaining relations with the other party. No variation of this Agreement shall be valid unless approved in writing by the Authorised Representatives of both parties In the event of a change of Authorised Representative, it is the duty of each Party to notify the other and such notification should be made in writing on the Party’s headed paper and signed by an officer of the Party. In the case of a corporate body, the officer must be a director of the company. In the case of a sole trader or partnership, the officer should be the Principal or Partner.
Each party represents and warrants that it has the right to enter into this Agreement, to grant the rights granted hereunder and that its entry into this Agreement does not and will not violate its obligations to any third party. In addition, each party represents and warrants that its signatory to this Agreement is duly authorized to bind it and that, upon execution by both parties, this Agreement shall be valid and binding upon it. The Client further represents and warrants that if it acts as an agent on behalf of customer end users, it is duly authorized to do so. Neither of the parties to this Agreement shall be responsible to the other party for any delay in performance or non-performance due to any causes beyond its reasonable control.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements in connection with the subject matter hereof. Nothing in this clause shall be taken to exclude liability for fraudulent misrepresentation. All sums expressed to be payable hereunder are expressed exclusive of Value Added Tax (unless otherwise stated on the website, which shall be payable in addition to such sums. The Client shall not be entitled to assign this Agreement or any of its rights and obligations hereunder without the prior written consent of The Grow Your Business Limited website. The Client shall also be prohibited from reselling or redistributing training, coaching or consultancy materials in any shape, manner or form, in whole or in part.
Nothing in this Agreement shall create, or be deemed to create, a partnership, or the relationship of principal and agent, between the parties and for the avoidance of doubt neither party is entitled or authorised to contract on the others behalf. Except as otherwise expressly stated herein, nothing in this Agreement confers any rights on any person (other than the parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999. This Agreement and all rights and obligations of the parties hereto shall be governed and construed in accordance with the Law of Scotland and the parties hereto hereby submit to the jurisdiction of the Scottish Courts.
The Grow Your Business Limited reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of Scotland. and you hereby consent to the exclusive jurisdiction and venue of courts in Scotland in all disputes arising out of or relating to the use of the Website.
In the unlikely event, that a request for payment remains outstanding for 14 days or more, the Client will be deemed being in default of this Agreement, and liable for the full value of all services contracted and all monies owing. The TOTAL outstanding debt may be passed to a third party agency for collection.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Grow Your Business Limited as a result of this agreement or use of the Website. The Grow Your Business Limited’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Grow Your Business Limited Website’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Grow Your Business Limited with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Grow Your Business Limited with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Grow Your Business Limited with respect to the Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT & TRADEMARK NOTICES
All contents of the Website are: Copyright 2013-2018, Fraser J. Hay and/or his suppliers. All rights reserved. TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Copyright, Designs and Patents Act 1988, notifications of claimed copyright infringement under UK copyright law should be sent to the main contact address.
DATA PROTECTION OFFICER
Email: email@example.com Typical response time is 24-48 hrs. The websites listd above belong to Fraser Hay, (an individual and data protection officer) of Bruntown Farm, Cullen, AB56 4XD. Telephone contact can be made via +44 (0) 1542 841319
PAYMENT & LATE PAYMENT NOTICE
Paypal payments can be made to firstname.lastname@example.org.
All payments are made in advance, unless agreed in writing between the parties. In the unlikely event, that a request for payment remains outstanding for 14 days or more, the client will be deemed being in default of this Agreement, liable for the full value of all services contracted/ordered and all monies owing. The TOTAL outstanding debt may be passed to a third party agency for collection. E&OE.
ACCESS, PARTICIPATION & ENGAGEMENT ON THE WEBSITE