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THE MILLION DOLLAR MENTOR TERMS OF BUSINESS FOR THE SALE PERSONAL BUSINESS COACHING PROGRAMS WORLDWIDE
These are the Terms of Business which govern our sales of personal business coaching (programs).
This constitutes a legal agreement between us and you. Please read it carefully.
INFORMATION ABOUT HOW TO CONTACT US
1.1 Who we are. We are The Million Dollar Mentor, a company which is part of Kim Constable Ltd, registered in Belfast, Northern Ireland.
1.2 How to contact us. You can contact us by email to firstname.lastname@example.org or by post to 144 High Street, Holywood, Co Down BT18 9HS.
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.1 Nature of the programs. All coaching contained within all programs is suggested and no private coaching will be given, unless you have specifically paid for this service.
2.2 Our ethos. The program has been created in line with our own unique formula.
Our ethos is proven systems in the area of
marketing, content, videos, and concepting a program which help accelerate growth in your business.
2.3 You must submit the correct information. Once your chosen program begins, you will be in complete control of the results.
In order to achieve success with this program you need to follow the coaching advice based on our proven systems in the areas of marketing,
content, videos, and concepting a program. Results will be measurable if implemented during the course of the program coaching.
2.4 Photos. The photos you provide may be screen shots of sales reports, branding, content, forms etc. Please note that we take privacy extremely seriously, and we take all reasonable precautions to ensure that these photos are stored securely. Nevertheless, we recommend that you to anonymize the photos provided to us by, for example, cropping any account numbers as well as your name or company name if you wish to remain anonymous. This will assist us in preserving your privacy should a security breach occur.
The MDM Facebook Group is a 6 month coaching program. The systems you learn through the duration of the program are yours to keep.
PROGRAM SUPPORT: OFFICE HOURS
3.1 Our support coach ‘heroes’ are on hand to answer any of your questions or queries as follows:
(a) Monday to Thursday: 09.00 to 17.00 GMT
(b) Friday: 09.00 to 16.00 GMT
(c) Saturday: Closed
(d) Sunday: Closed
(e) UK Bank Holidays: Closed
(f) Christmas and New Year: Office closure will be made available 14 days in advance.
3.2 In the event of staff training and office closure you will be notified 14 days in advance. In these instances our live chat service may be unavailable, however our messaging service will be available with your message answered soon after. Please note the production of programs will remain in place and not be affected.
KEEP YOUR ACCOUNT DETAILS SAFE
4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
HOW YOU MAY USE MATERIAL WE PROVIDE
5.1 We are the owner or the licensee of all intellectual property rights in our Programs. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You must not use any part of the content of the Programs for any purpose other than your personal business coaching.
6.2 We may ask your permission to publish any photos. We may contact you to ask permission to publish the photos. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.
OUR CONTRACT WITH YOU
7.1 When the contract for a purchase of a Program comes in force. When you tick the box confirming that you accept these Terms of Business and then click the ‘PLACE ORDER’ button and made your payment, you are making an offer to purchase the Program. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
7.2 You must be over the age of 18 and of sound mind. You confirm that you are of sound mind and over the age of 18 years.
7.3 Our programs are primarily aimed to customers in the UK. We reserve the right to reject any orders of programs from outside the UK. If we do so, you will be given a full refund.
PROVIDING THE PROGRAM
8.1 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Program to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Program late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.2 Reasons we may suspend the supply of the Program to you. We may have to suspend the supply of a Program to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Program to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Program as requested by you or notified by us to you.
8.3 Your rights if we suspend the supply of Program. We will contact you in advance to tell you we will be suspending supply of the program, unless the problem is urgent or an emergency. If we have to suspend the provision of the program for longer than one week in any 90 day period we will adjust the price so that you do not pay for the program while it is suspended. You may contact us to end the contract for a program if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the program in respect of the period after you end the contract.
8.4 We may also suspend supply of the program if you do not pay. If you do not pay when you are supposed to and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of any elements of the program until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not suspend the program where you dispute the unpaid invoice (see clause 13.8). We will not charge you for the program during the period for which it is suspended. As well as suspending the programs we may also charge you interest on your overdue payments (see clause 13.6).
YOUR RIGHTS TO END THE CONTRACT
9.1 Rights and exclusions. You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
9.2 You can end your contract with us as follows. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If you have just changed your mind about the program you may request to cancel your coaching access within 14 days of the order.
If you have opted to pay by monthly instalments: you may not terminate the program after the 14 day cooling off period.Your payments will be collected on a monthly basis, from the date of purchase until the program is paid in full.
If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3;
(d) If you are ill or injured and cannot complete the program, you are still contracted to pay for it. You have lifetime access to the Facebook group as long as it exists.
9.3 Ending the contract because of something we have done or are going to do. If:
(a) we have told you about an upcoming change to the program;
(b) we have told you about an error in the price or description of the program you have ordered and you do not wish to proceed;
(c) we have suspended supply of the programs for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a week; or
(d) you have a legal right to end the contract because of something we have done wrong, you may end the contract and we will refund you in full for any cycles of the program which have not been provided.
9.4 Ending a contract prior to the expiration of a trial offer. To cancel a free trial, you must write to
BEFORE the trial period expires. (See Clause 10)
HOW TO END THE CONTRACT WITH US
10.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:
(a) Email. Email customer services as set out above.
(b) Online. Complete the ‘Contact’ form on our website.
(c) By post. Or simply write to us at the address above, including details of what you bought, when you ordered or received it and your name and address.
10.2 Where applicable, we will refund you the price you paid for the programs including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 If your refund is authorised. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.
OUR RIGHT TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a program at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the programs; or
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for programs we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the program, please contact us by writing to us email@example.com or by post to 144 High Street, Holywood, Co Down BT18 9HS.
12.2 Summary of your legal rights. We are under a legal duty to supply programs that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the program. Nothing in these Terms of Business will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content, such as the program, must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you are entitled to a repair or a replacement
if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation
PRICE AND PAYMENT
13.1 Ways to pay. Goods must be paid for in advance. programs may be paid for by a one off payment or payment program option, payable by instalments. An administration fee or equivalent may be payable to set up the instalments option and this fee will be non-refundable.
13.2 Where to find the price for the program. The fees for the programs are due either in full, or in instalments. If you choose to pay instalments, the first one will be due today and the others in subsequent months on the same date. If you choose this option, you are responsible for all payments unless a refund is requested according to the terms further outlined below. Please note that if you choose the payment plan option, Kim Constable Ltd retains the right to suspend access to any program if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice, and does not reflect the ongoing or remaining balance for the account. We reserve the right to collect all monies due or overdue either in lump sum or instalments. However, we will always work with a customer to help them to pay off an outstanding debt if communication lines remain open. Should you have any account questions you can email firstname.lastname@example.org at any time.
13.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the program, we will adjust the rate of VAT that you pay, unless you have already paid for the program in full before the change in the rate of VAT takes effect.
13.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the programs we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the program’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the program’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.7 We can charge an admin fee if you pay late. If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused by Stripe, a reminder email will be sent to you requesting the outstanding payment. This can be paid from your original payment method, or by credit card. If the funds have not been received within five days of the due date, a $20 admin fee will be charged. At this stage, the program will go on hold until the balance is paid. If payment is not received within five working days, a further email will be sent advising you that if outstanding funds are not received we reserve the right to pass your details over to our chosen debt collection agency to enable us to recover the costs. This email will represent the final demand for payment. Additional charges may apply in this instance.
13.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.9 We are not liable for any charges that your bank may add to transactions.
13.10 You will be charged at the exchange rate available on the day of transaction.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the programs; and for defective programs under the Consumer Protection Act 1987.
14.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 We are not liable for business losses. We only supply the programs for domestic and private use. If you use the programs for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR INFORMATION
OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the programs, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by Northern Irish law and you can bring legal proceedings in respect of the programs in the Northern Irish courts. If you live in Scotland or England you can bring legal proceedings in respect of the programs in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the programs in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
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If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at:
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 defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Million Dollar Mentor welcomes your questions or comments regarding the Terms:
The Million Dollar Mentor
144 High Street
Holywood, Co Down BT18 9HS
Email Address: email@example.com
Last Updated: September 19, 2020
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