Terms & Conditions
Terms & Conditions
PLEASE READ CAREFULLY BY PURCHASING THIS PRODUCT YOU (HEREIN REFERRED TO AS “CLIENT”) AGREES TO THE FOLLOWING TERMS STATED HEREIN.
SERVICE
Transform Humanity Ltd. (herein referred to as “Transform Humanity Ltd” or “Company”) agrees to provide the service, “The Growth” (herein referred to as “service”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the service (circle).
DISCLAIMER
Client understands The Privileged Man (herein referred to as “Facilitator”) and Transform Humanity Ltd, is not a registered counsellor, employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Facilitator has 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 counseling 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 Facilitator’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Service. If the Parties continue their relationship, a separate agreement will be entered into.
Client understands they are participating in meditation, breathing and sharing exercises. (collectively, “Activities”) offered by Transform Humanity Ltd.
Client recognises that they are in adequate mental health to participate in the Service. Client understands Transform Humanity Ltd reserves the right to refuse my participation in the Service on medical, fitness or any other grounds.
Client agrees to assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of participating in the Service offered by Transform Humanity Ltd, including those which may result from the negligence of Transform Humanity Ltd.
Client knowingly, voluntarily and expressly waives any “Claim” they may have against Transform Humanity Ltd, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that Client may sustain as a result of participating in the Service offered by Transform Humanity Ltd even if the Claim arises from the negligence of any Released Party or anyone else. Client agrees to indemnify and hold harmless each Released Party from any loss, cost or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged or did result from the negligence of any Released Party or anyone else. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that Client may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
Client’s heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any
Claim caused by any negligence or other acts of a Released Party.
Client understands that Transform Humanity Ltd from time to time may photograph, video or otherwise record webinars, classes or events occurring and place such photographs and videos on its website, Instagram, Facebook, On Demand Videos, LiveStream Videos and/or studio emails. I hereby consent to the use of my image that may appear in any such photograph or video.
This agreement shall be construed in accordance with, and governed by, the laws of the United Kingdom and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in the United Kingdom. If any provision of this agreement is held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.
FEES
The fee for the Service is on a subscription of £1,995 per year.
METHODS OF PAYMENT
Client authorizes the Company to charge Client’s credit card or debit card.
REFUND POLICY
Client understands there are no refunds under any circumstances.
CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s and Service Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Service participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Service. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Facilitator will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Service participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Service is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted Service and/or course materials, shall remain the sole property of the Transform Humanity Ltd. No license to sell or distribute Company’s materials is granted or implied.
By purchasing this service, Client agrees;
(1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights,
(2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company,
(3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY
The Service is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted Service and/or course materials, shall remain the sole property of the Transform Humanity Ltd. No license to sell or distribute Company’s materials is granted or implied.
By purchasing this service, Client agrees;
(1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights,
(2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company,
(3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, epidemics, pandemics, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Service is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Services are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Services. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting, or arising, from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Service. Company assumes no responsibility for errors or omissions that may appear in any of the Service materials. You also understand that any testimonials or endorsements by our customers or audience represented on our services, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. 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, verbalize 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 Services, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
Client may not assign this Agreement.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on Transform Humanity Ltd’s website and purchasers shall be notified.
TERMINATION
Company is committed to providing all clients in the Service with a positive Service experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Service without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Service guidelines, is difficult to work with, impairs the participation of the other participants in the Service or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount. The company withholds the right to terminate the Service at any stage with no liability.
INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Soul Island’s Services, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Transform Humanity Ltd and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Services are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Services.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, all claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: co*****@th**************.com This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
OUR MINIMUM GUARANTEE
No guarantees are offered with this Service. 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; co*****@th**************.co