AdapNation #BeYourBest Self-Optimisation Journey
(inclusive of all sub products)
Terms & Conditions of Participation
Last Updated: 1st December 2019
IMPORTANT: PLEASE READPlease READ carefully. By purchasing this product, the following Terms and Conditions are entered into by AdapNation Ltd. (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein. These terms of the agreement are legally binding between the parties who agree to it. We want you to carefully consider your purchase, hence it’s important to read the following.
PROGRAM/SERVICE
You are purchasing access for one (1) person to the #BeYourBest Self-Optimisation journey (referred to below as the “#BeYourBest Self-Optimisation journey”, “#BeYourBest Journey”, the “Transformation Program”, the “Online Course” or the “Course”) from AdapNation Ltd. (the “Company,” “we,” or “us”). This is an adult learning environment and as such, you must be at least 16 years of age or older to purchase access to this Online Course. Children under the age of majority should review this Agreement with their parent or legal guardian.
#BeYourBest Self-Optimisation journey includes course content and materials, digital media, other information and materials created by the Company (collectively, “Content”) and access to a website for members of the Online Course (the “Site”). By purchasing access to the #BeYourBest Self-Optimisation journey, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of the #BeYourBest Journey and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.
DISCLAIMER
#BeYourBest Self-Optimisation journey, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED IN AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing health matters in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to improve an individual’s health. However, the Company does not guarantee that you will get any results, and nothing in the Program, Content, or Site is a promise or guarantee to you of your future wellbeing.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE #BeYourBest Self-Optimisation journey IS AT YOUR SOLE RISK.
By purchasing access to the #BeYourBest Self-Optimisation journey, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.
PAYMENT POLICY
You are responsible for paying for the #BeYourBest Self-Optimisation journey in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment methods. If payment fails or is clawed back, You will immediately lose access to future emails, plans and bonuses. Your access to the Site, Mastermind Group and all Content will be revoked ten (10) days after your initial payment declines and/or 3 further attempts have been made. You will also not receive access to future versions of the Online Course as it’s released.
The Company reserves the right to report any balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, The #BeYourBest Self-Optimisation journey is not a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program, and your payment is made and taken in its entirety.
MONEY-BACK GUARANTEE
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the program.
The Company provides a 14-day money-back guarantee for the program. The money back guarantee stands at 45 days if a gift card has been purchased but not activated. If a gift card has been activated, the standard 14-day money back guarantee will apply upon commencement of the program. We have invested tens of thousands of pounds in researching, producing and delivering a ground-breaking program. If you do the work, we hope you will get the results you are looking for.
However, we understand there will be rare cases in which this won’t be possible. The 14-day money-back guarantee is governed by the following terms and includes any & all upgrades or additional purchased made at the time of placing your order.
In the event that you decide your purchase was not the right decision, within 14 days of enrolment, contact our support team at info@adapantion.io and let us know you would like a refund by the 14th day and by 23:59 GMT. You must include your refund form with your request for a refund. If you request a refund and do not include your form by the 14th day, you will not be granted a refund. Refunds will not be considered until we have been provided with the completed refund request form. Incomplete forms will delay the refund process; hence we have outlined it here for you clearly.
All worksheets and course information you have submitted to us will be kept strictly confidential and once the refund has been processed or denied, will be destroyed. You agree to destroying and/or deleting all content you have received access to. You must not share in any capacity any of the #BeYourBest programs, literature, modules, emails, scorecards or anything else deemed the company’s property.
Each module/email builds upon the knowledge of the one that precedes it. Completing one or two modules does not provide a full view of what is included in this comprehensive and well-researched program.
We have taken great steps to make it clear what is in the program on the course information page so you know exactly what you are purchasing at the time of purchase. Once you have completed in full the “Refund Request Form,” you will be eligible for a refund. A refund will be granted on the provision that all terms and conditions have been adhered to. Any refund denied or granted is at the company’s discretion. The company’s decision is final.
We will NOT provide refunds more than 14 days following the date of purchase. This is extended to 45 days if a gift card has been purchased. As soon as a gift card is activated, our 14-day money-back guarantee will apply. After day 14 (45 with an inactivated gift card), all payments are non-refundable and you are responsible for full payment for the program regardless if you complete the program.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by AdapNation Ltd. To further clarify, we will not provide refunds after the 14th day from your date of purchase or 45 days for an unused gift card. Any refunds requested from a gift card purchase, will be credited back to the original purchaser and not to the gift card recipient.
GIFT CARD SALES
Gift cards are valid for 2 years from date of purchase. After this time period, the gift card will expire and a new product or gift card will need to be purchased. All gift cards are for single use only and are non-transferrable. Gift cards are only valid for single use by a single individual. There will be no partial refunds (cash or credit) for any gift card amount left unused. If a receipient decides to use their gift card against a product of a lesser value, no refund or credit will be made for the remainder. Your attention is drawn to the money-back guarantee section within these terms & conditions for further clarification. The company’s decision will be final regarding all refunds/credits/gift card options.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: info@adapantion.io
REVERSAL OF BANK PAYMENTS/CURRENCY
If a successful attempt to get your payment reversed by your bank has been made, we will take the appropriate legal action to recover the funds through a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up, especially in the case in which a refund request has not been approved because the requirements have not been met as outlined above. Any legal costs or bank fees incurred to recover these funds will be passed directly onto the customer.
Unless otherwise stated, all Fees are payable in GBP (Great British Pounds). You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorise us and our third-party payment service providers to collect such Fees using the credit card or another payment method you provide to us.
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program 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 Program with anyone other than the Company, it’s owners and employees, and other Program participants.
COMMUNITY RULES
Under no circumstances is there to be any solicitation within the associated online communities.
The #BeYourBest Mastermind Group is about learning how to achieve peak performance but is not about trying to turn other Students into your customers. You are not permitted to offer your services, sell your programs or products, or invite Online Course Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the Course’s Member Area is not permitted.
Your failure to comply with these terms will result in immediate termination of your participation in the Online Course without refund.
#BeYourBest Mastermind Group Rules: You agree to abide by the #BeYourBest Mastermind Group Rules, which are available at https://adapnation.io/community-agreement/ and are hereby incorporated into this and all other Agreements.
INTELLECTUAL PROPERTY
We respect your privacy and must insist that you respect the privacy of other people that participate in the Course (“Online Course Participants” or “Students”).
By purchasing access to the Course, you agree:
not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Online Course Participants;
that any confidential information shared by Students or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Student who discloses it or to the Company;
not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Online Course Participants via comments, forums or other interaction platforms;
that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorised by the Company;
the reproduction, distribution and sale of the Content by anyone other than the Company and/or its licensors/affiliates is strictly prohibited; and
that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
The #BeYourBest Mastermind Group has its own rules which are not exhaustive, these rules must also be adhered to when posting, commenting and engaging on the group. The rules can be found in a pinned post on the above community group. Failure to adhere to these rules could lead to immediate expulsion from the group and cancellation of your program without refund. This will be at the Company’s sole discretion.
While you are free to discuss your personal results from the Course and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
Sharing and forwarding of the daily emails and all content contained within is strictly prohibited. This will and can be monitored. Failure to adhere to this condition, will result in expulsion from the program with no refund offered and your money back guarantee clause revoked. Any forwarding of emails, content or any of the company’s intellectual property that is shared without explicit authorisation do to so may result in legal proceedings being taken out against you. All costs associated with this will be liable by you the purchaser/receiver of the program.
Should you believe that the course could be of value to someone, you may use the ‘Send it on here’ facility within the daily email link. By referring another person who goes on to purchase the program, you may be eligible for a discount and or bonus. This will be at the Company’s discretion and our Terms & Conditions will apply.
PRODUCT REVIEWER CONDITIONS
If you have been chosen by the Company to review the #BeYourBest Self-Optimisation journey product, You understand that you have 28 days of full access to the program. The terms and conditions as set out in this document will apply in full. If you would like to use screenshots or any materials upon which to base your review, the Company will require authorisation to do so. The Company’s decision is final. Sharing of content without the company’s permission is strictly prohibited.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites and establish an external group as a convenience to you and other Students. These third-party materials and websites are not part of the #BeYourBest Journey and they may be either withdrawn or terminated at any time without any liability on the part of the Company.
You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes between you and the Company, shall be determined in accordance with the laws of the United Kingdom, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE #BEYOURBEST JOURNEY; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE #BEYOURBEST JOURNEY AND REQUEST A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF #BEYOURBEST JOURNEY, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, #BeYourBest Self-Optimisation journey, or Steve Katasi, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libellous, or slander. Any complaints/comments should always be directed to info@adapnation.io
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. #BeYourBest Self-Optimisation journey is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Course with a positive experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the #BeYourbest Self-Optimisation Journey without refund and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive the expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the #BeYourBest Journey Online Course. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the #BeYourBest Self-Optimisation journey will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either email or postal mail. If you have any questions, please contact our Customer Service team at info@adapantion.io.
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, 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 such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the #BeYourBest Self-Optimisation journey. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognise and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will, therefore, be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal courts within the United Kingdom for purposes of any such action by the Company.
9) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
10) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
11) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
12) LIQUIDATION/CESSATION OF THE COMPANY. Should the company cease trading, be sold, purchased, change ownership and/or any other undefined event change the company’s standing, all terms and conditions herewith could and may cease to be valid. You acknowledge this when purchasing any product from the company and you do so entirely at your own risk. No refunds/credits in this instance will be granted. Terms and conditions for gift card expiry may and could alter in view of this.
If you require further clarification, please contact info@adapantion.io