Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.
Our Programs, Products, and Services are owned and operated by Ben Milne Coaching (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
These Terms of Use (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.
By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
NOTE: If you have purchased one of our products via a payment plan of any kind, you are required to make all payments until you are paid in full.
You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.
Use and Consent
:
By purchasing or using any of our programs, products or services, you agree to abide by these terms of use as well as our refund policy, and privacy policy, and any other terms and conditions that may apply, and you are required to act in accordance with them.
Accessing, purchasing or using our programs, products, services or program materials, in any manner constitutes use of the program, products, services and program materials, and your agreement to be bound by these terms of use.
The refund can be applied for no later than 10 days of purchase/ program commencement (If program doesn't commence when the program, or product purchased doesn't begin as soon as purchased.
If you believe this is the case, and you're still not happy with the results you’re failing to feel, and or see take place - please read below, and submit evidence of requested information:
You must explain in writing where this course does not fulfil any such advertised promise, as stated information, where it suggests it will.
All evidence must be shown in both written format (In course resource book) and also filmed evidence where relevant in specific modules (Module 3) - demonstrating the required works have in actual fact been carried out, and completed. The minimum amount of completed work therefore must be at least to, and consist of module 6 in the workbook.
Detailed explanation of why you feel this course does not help improve your current wellbeing/mindset situation, after the completion of such work mentioned above must be shown. The minimum work evidence must be demonstrated up to at least module 6, and within (10 Days) of purchase
If refund policy needs to be activated, and agreed upon by both parties, after proof of above works have been completed the refund will be minus the fees that our merchant account charges us for processing your payment. Those fees are not returned to use when a refund is made. Correspondence must be made via email to billing@benmilne.co
Our programs, products, services and program materials are intended solely for users who are eighteen (18) years of age or older.
Any registration by, use of or access to any program, product, service or program materials by anyone under age 18 is unauthorized, unlicensed and in violation of these terms of use.
By accessing or using our Programs, Products, or Services or our program materials, you represent and warrant that you are at least 18 years old.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
:
We reserve the right to withdraw or amend any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website/program is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
Intellectual Property Rights
:
Our limited license to You, programs, products, and services and all the program materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in our programs, products and services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our program materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of use.
If you purchase or access any of our program materials through our programs, products or services, you will be considered our licensee.
All content acquired through Ben Milne Coaching is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means that you may not use our programs, products, services, or any program materials in a manner that constitutes an infringement of our rights. Or in a manner that has not been authorized by us.
You are being granted a limited license to use our program, products and services, and program materials with permission and restrictions. This means that when you purchase a program, product or service from our website or otherwise, you are purchasing the limited right to use the program materials in the form that is provided by us, and are abiding by conditions as specified in these Terms of Use.
You are permitted to use our programs, products, services and program materials as follows:
You may download and/or print program materials for your own personal use in your business.
However, you are not permitted to share, sell, reprint or republish any other of our program materials, including handouts, for resale or mass reproduction purposes for your own business use.
Use Of Templates and Forms
:
Ben Milne Coaching provides various templates and/or forms for download and/or sale on this website. We grant you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
Any trademarks, taglines, and logos displayed on program materials are trademarks belonging to us.
All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.
Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times.
Any marketing or promotional tools and/or program, product or service titles or any other title or information of ours, may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by Ben Milne Coaching.
As a Licensee, you understand and acknowledge that our programs, products and services and the program materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When enrolment of, and purchase of our programs, products or services occurs, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our programs, products, services, or program materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our programs, products, services or program materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our programs, products, services or program materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the program materials for their own personal use or business/commercial use.
This means you cannot share or sell or any part of our programs, products and services or program materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our program, product, service, and program materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our programs, products, services or program materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our program, product, service or program materials.
You will not reprint or republish any part of our programs, products, services or program materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our programs, products, services or program materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by Ben Milne Coaching through our prior written consent.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our programs, products or services or program materials as set forth in these terms of use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Media Release:
By participating in our programs, products and services, and using our program materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. (Including private group coaching) in our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our program, product or services in our current or future programs, products or services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Content
:
Any request for written permission to use our programs, products, services or program materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website.
We very clearly state that you may not use our programs, products, services or program materials, in whole or in part, in any way that is contrary to these terms of use unless we have given you specific written permission to do so.
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our programs, products, services or program materials.
Security
:
When you apply for, enrol in, and purchase, or use our programs, products or services, or program materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”.)
By providing confidential Information to us, you grant us permission to use and store such information. Where we, will use our best efforts to keep your confidential information safe, secure and confidential. We take precautions to protect such confidential information. When you submit confidential information via our program, product, service or program materials, we take measures to protect the security of your confidential information both online and offline.
Though due to the nature of the internet, we cannot ensure, or warrant the security of your confidential information or of any other data or information transmitted to us or through our services; therefore submitting confidential information, data or other information is done at your own risk.
Security measures are in place to prevent the loss, misuse, and alteration of the information that is obtained from you. Though we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
As a licensee, you're agreeing that you are using your own judgment in using our programs, products, services and program materials. You also agree that you are doing so at your own risk. Our programs, products, services and program materials are for informational and educational purposes only.
Every precaution to protect our programs, products, services and program materials are made. However, due to the nature of the internet, we cannot completely ensure or warrant the security of the programs, products, services and program materials or the contributions or information transmitted to us on or through our website or our programs, products, services and program materials. Submitting contributions or information on our, or through our programs, products, services and program materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our programs, products, services and program ,aterials and you agree that you are assuming such risks.
Indemnification:
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ben Milne Coaching in asserting any available defences.
Medical Disclaimer:
Information provided through our programs, products, services, and program materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered healthcare professional.
Do not discard professional medical advice or interrupt processes of seeking professional guidance, due to information you have read in our programs, products, services, and program materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional.
If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. Ben Milne Coaching is not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental health issue, disease or condition. We are not giving medical, or religious advice whatsoever.
Changes to Terms:
Ben Milne Coaching reserves the right, in its sole discretion, to alter the Terms under which programs, products and services is offered. The most current version of the terms will supersede all previous versions. Ben Milne Coaching encourages you to review the terms to stay informed of our updates.
Errors and Omissions:
Ben Milne Coaching makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our programs, products, services, and program materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, Ben Milne Coaching cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Your Conduct
:
You are agreeing that you will not use our programs, products, services or program materials in any way that causes or is likely to cause the programs, products, services or program materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this website and its content and to us.
You must use the programs, products, services or program materials for lawful purposes only. You agree that you will not use our programs, products, services or program materials in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
.
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
.
To send, negatively impact, or infect our programs, products, services or program materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
to cause annoyance, inconvenience or needless anxiety.
To impersonate any third party or otherwise mislead as to the origin of your contributions
To reproduce, duplicate, copy or resell any part of our programs, products, services or program materials in a way that is not in compliance with these Terms of Use or any other agreement with us.
Purchases and Online Commerce
:
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your program, product or service without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the program, product or services will not continue and we reserve the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our programs, products or services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for our programs, products and services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our programs, products, services, and program materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
As Ben Milne Coaching has a clear and explicit refund policy in these terms of use that you have agreed to prior to completing the purchase of any of our programs, products, or services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company.
In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If purchase has been made from one of our affiliates, or any other individual or company through a link provided on, or through our programs, products or services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our programs, products or services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our programs, products or services, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our website or its content.
NOTE: If you have purchased one of our products via a payment plan of any kind, you are required to make all payments until you are paid in full. To protect ourselves and our affiliates we do send payment defaults to a collections agency and this can have a negative impact on your credit score.
We reserve the right in our sole discretion to refuse or terminate your access to our programs, products, services or program materials, in full or in part, at any time, without notice, by sending you an email to the e-mail address you provided upon purchase of the program, product or service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination (If needed), we reserve the right to immediately refuse or terminate your access to any aspect of our programs, products, services and/or our program materials, including but not limited to our website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our programs, products, services or program materials at any time without notice and in our sole discretion.
All of the terms of this terms of use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will still apply now and in the future, even after termination by you or us.
Dispute Resolution
:
It is sincerely hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence.
However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, and specified rules. Prior to seeking arbitration, you must contact us at support@benmilne.co and include all of your reasons for dissatisfaction with your program, product or service.
You understand and agree that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our programs, products or services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our programs, products or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these terms of use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Confidentiality and Privacy:
Confidential information. To use our programs, products, services or program materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our programs, products, services or program materials (“Other Information”).
By providing such confidential information or other information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your confidential information safe, secure and confidential in accordance with these terms of use and our full privacy policy which may be found on our website. If you believe that any of your confidential information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any confidential information found to be incorrect.
Confidentiality and Disclosure:
All confidential information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose confidential information and personally identifiable information: (1) pursuant to this terms of these terms of use and privacy policy and our disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public.
Viewing by Others:
Please be aware, whenever you make your confidential information or other information available for viewing by others such as through our programs, products, services, or program materials, our website or social media, the confidential information or other information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such confidential information or other information that you voluntarily share online or in any other manner.
Passwords:
using features of our programs, products, services, or program materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process.
You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the program, product, service, program materials, website, private forum, Facebook group or any other related communication.
It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our programs, products and services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Any questions relating to any of the above information, please contact:
support@benmilne.co
