The following Terms and Conditions of Use govern use by all persons of any and all of the Pet Business Revolution websites including but not limited to www.petbusinessrevolution.uk, www.petbusinessrevolution.co.uk, www.petentrepreneurassociation.com the ‘site’.
By accessing the Site and other content you are agreeing to abide by these Terms and Conditions of Use. We may modify any of these terms and conditions at any time by providing notice on our website. A Member’s continued use of the websites, materials and services shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification.
· You refers to the member or You as the Director/Agent of the business: The party entering into this Agreement with Us. By accessing the Site you are deemed to have accepted these terms. Where the context so requires, you or your includes your Authorised Users.
· Us, We, or Our: Pet Business Revolution Ltd registered in England and Wales and whose registered office is at Pet Business Revolution Ltd, PO BOX 6638, Stratford-upon-Avon, CV37 1RX
· Agreement: the terms and conditions set out in this document, any variations agreed between us and any additional terms notified before use of the Services.
· Authorised Users: Authorised Users includes any person in the business unit or units that we have agreed with you is or are to benefit from the programme.
· Intellectual Property Rights: These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.
· Services: includes hosting services and provision of know-how, as the context requires, that we provide to allow you to access and use the material, information and know-how.
· Software: The software provided by us or by our suppliers which enables you to use the Services, including data schemas, data models, databases and the like.
· Start Date or Launch Date: The date the Programme launches.
· Purchase Date: The date the Programme was purchased.
· Subscriber Data: The data input by you for use in conjunction with Pet Business Revolution services.
2- PAYMENT & PROGRAMME OPTIONS
· Depending on your requirements, you can choose the following Subscription/Payment Options for you and Your Authorised Users:
Pet Entrepreneur Association (aka the Programme) Monthly Instalment Option Only.
Pet Business Success Blueprint (aka the Programme) Pay in Instalments Option: this will grant access to the full Programme for a period of 6 months from date of launch. Payments will continue monthly for four months.
Pet Business Success Blueprint (aka the Programme) Coaching Add-On Option: this will grant access to the full Programme for a period of 6 months from date of launch plus 4 x 1:1
Pet Business Membership Masterclass (aka the Programme) Pay in Full Option: this will grant access to the full Programme and all associated materials on the specified date. This benefits from a discount when compared to the pay in instalment option.
Pet Business Membership Masterclass (aka the Programme) Pay in Instalments Option: this will grant access to the full Programme and all associated materials on the specified date. Payments will continue monthly for three months.
Pet Business Conference Pay in Full Option (aka the Programme): this will grant access to the full Programme and all associated materials on the specified date, with access to materials available online in the member’s area indefinitely. This benefits from a discount when compared to the pay in instalment option.
Pet Business Conference Pay in Instalments Option (aka the Programme): this will grant access to the full Programme and all associated materials on the specified date, with access to materials available online in the member’s area indefinitely. Payments will continue monthly for two months.
Membership Mastery (aka the Programme) Pay in Full Option: this will grant access to the Page and all associated materials on the build completion, which could take up to 14 days.
Membership Mastery (aka the Programme) Add-On Advanced Payment Option: this will grant access to the Page and all associated materials on the build completion, which could take up to 14 days.
Private Client Programmes (aka the Programme): Monthly Instalment Option Only
Coaching calls with either Cat or Amy: Availability will be dependent, and no guarantees can be made. The coaching add-on is paid for up-front irrespective of the Programme payment options.
You can sign up to any of our Programme options by registering online via our website using our online ordering process. We will send you emailed confirmation of your order, the Launch or Start Date (as applicable), and an account name and password for you and any authorised users (as applicable).
You may contact us regarding your purchase by emailing email@example.com or calling 0121 405 0605 (Monday to Friday between 9:00am and 5:00pm).
3- AUTHORITY AND LICENCE
· For all Online Programmes, we authorise You and your Authorised Users to have access to the content and materials in accordance with your chosen Programme option and for which You agree to pay us the Fee.
· This Agreement (including the licences hereunder) starts on the Start Date and ends on the first of the following events:
· The end of the 6 Month Access Period from Start or Launch Date;
· termination of this Agreement under clause 13.
· We hereby grant you on the terms and conditions of this Agreement a non-exclusive, non-transferable licence to access the Programme solely for your business purposes (and for the avoidance of doubt, nothing in this Agreement grants to you any rights whatsoever in or relating to the source code of the Software or the Intellectual Property Rights).
· We confirm that we have all the rights in relation to the Software and Programme materials that are necessary to grant all the rights We purport to grant under the terms of this Agreement.
· You may search, view, copy and print out material from the Programme for your own business purposes only. You may not re-package or re-sell the content or information in any format without prior written agreement from us.
4- YOUR OBLIGATIONS
· You will take reasonable steps to ensure that nobody other than Authorised Users accesses the know-how or Services using accounts created with Your username and password.
· You acknowledge and agree that we and our licensors own all Intellectual Property Rights in the Software, the content, the materials, the know-how and the Services. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software, the materials, know-how, Services or any related documentation.
· You are solely responsible for the appropriate use and adaptation of our know-how for your own use.
· You recognise and accept that in our know-how we are not providing professional advice (e.g. such as would be given by a solicitors’ firm or accountant). You must ensure that you seek independent professional advice before implementing any know-how.
· You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
In the event that we provide links to third-party websites, we disclaim all responsibility and liability for the content of such third-party websites. Authorised Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.
5- CHARGES AND PAYMENT
· The Fee will depend on which Subscription Option you choose. The prices for each Subscription Option are as set out on our website from time to time.
· Payment is due at the check-out process of the online registration process.
· Instalments: Where available you can choose to pay in instalments by selecting the Instalment Option during the online ordering process.
· Late Payment: See clause 13 for what will happen if you miss a payment due for the Instalment Options Fee.
· Paying by Instalments: If paying by instalments for online programmes, your access to each module will be available following successful processing of payment. Regardless of which option is chosen, You are contractually liable to pay all of these instalments in full, regardless of whether you choose to access the Programme or not. If any subsequent instalments fail, then your access to the Programme will be ‘frozen’ until full payment is received.
· Transferability: Access to the Programme may not be sold, transferred or assigned.
7- PET BUSINESS REVOLUTION COACHING CALLS
· PBR Coaching Calls remain valid for booking as long as You are a paying member with no outstanding Fees, unless otherwise confirmed in writing.
· Coaching Calls taken in conjunction with the Pet Business Success Blueprint expire after a period of six months. The calls may be booked any time within the six-month period from Programme Start Date.
· Coaching Calls are non-refundable and have no cash value. Calls that remain untaken will not roll on past the six-month period.
· It remains the responsibility of You to book calls using the call link provided. Reminders are not provided.
· Pet Business Revolution makes no guarantees or promises about the success rate of the coaching or any additional marketing assets we provide. There are multiple factors which may affect success including your audience, your message, your implementation and much more.
· You will receive a worksheet to complete prior to your first coaching call. This must be completed and sent to firstname.lastname@example.org a minimum of 24 hours in advance of any calls booked.
8- OUR OBLIGATIONS
· We warrant that you will not infringe any third party intellectual property rights by using the material and know-how provided and we will indemnify you against losses, costs or expenses You may incur as a result of any claim that the use by you of the know-how and material infringes any third party intellectual property rights, provided you notify us within a reasonable time of any such claim being made. This warranty and indemnity are unlimited.
· We will take reasonable steps to ensure that Software and data files we supply to you as part of the Service are virus-free. However, You should use your own virus protection software.
· We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
· We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. However, we assume no liability for any losses you may suffer as a result of any downtime and the Programme Fee is non-refundable.
· You acknowledge that our Confidential Information includes all of our content, the materials and Software.
· We acknowledge that the Subscriber Data is your Confidential Information.
· Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
· Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in Our case, those third parties sub-contracted by Us to perform services related to Subscriber Data maintenance and back-up).
This clause shall survive termination of this Agreement, however arising.
· We give you no warranty or assurance or guarantee of any kind, except as set out in clause 9. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
· Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain our content and keep the know-how and materials up to date and to develop our Services to meet customers’ needs. However, you should note in particular:
· The know-how is not intended to constitute a definitive or complete statement on any subject, nor is any part of it intended to constitute professional advice for any specific situation.
· We do not undertake any obligation to consider whether the information provided to or by us for the purpose of our know-how is either sufficient or appropriate for any particular actual circumstances.
· The Programme may contain archived information and resources, which may be incorrect or out of date.
· We give You no warranty or assurance that the Services and Our means of delivering them are compatible with Your software or computer configuration.
· We may change part or all of any Service at Our discretion.
· You assume sole responsibility for results obtained from the use of our content, including the Implementation Plans and the Services by you or any Authorised Users, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by you in connection with the Services, or any actions taken by us at your direction; and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
· Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
· Subject to clause 9 and Clause 12 above:
· We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
· Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Fee during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
· We shall have no liability for the performance of any businesses other than Pet Business Revolution Ltd. Any other businesses featured or mentioned on our websites or in our materials are used at your own risk and you should do your own due diligence before entering into any arrangements or contracts with them. Just because a business is a member or has completed the Programme, is a Private Client, or has enrolled or completed any other program by Pet Business Revolution, it does not ascertain that they maintain the same high values and ethics as we do or that their work is of the standard we expect and promote.
· We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
· This Agreement and access to the Programme will terminate if you are in material breach of any of its terms and if the breach is not remedied within the period of 20 working days after written notice of it has been given to the party in breach.
· Notwithstanding clause 13, if payment of the Fee/s is/are not made in full by the due date(s), without prejudice to any rights or remedies otherwise available, we reserve the right to (a) charge interest on the outstanding balance of all overdue sums at the rate of 3% per month above the current base rate at Barclays Bank or the maximum interest rate permitted by law, whichever is the greater; and (b) suspend or withdraw access to each relevant Service(s).
· If for any reason a monthly instalment is not made in full, then the full value of the instalment payments for the Instalment Period will become immediately payable in full.
· On termination of this Agreement for any reason:
· all licences granted under this Agreement shall immediately terminate;
· subject to the exceptions in this sub-clause, you will take reasonable steps to delete the know-how and any materials from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of the Software or any part of our content, know-how and materials.
· Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
13- CANCELLATION, NOTICE PERIODS, REFUNDS AND CAST IRON GUARANTEE TERMS
· Cancellation of the Programme with full refund is possible in writing within the first 7 days (the cooling off period) to Pet Business Revolution Ltd, PO BOX 6638, Stratford-upon-Avon, CV37 1RX. Access to the Programme, if already granted, will terminate upon receipt of the cancellation notice. Refunds may take up to 10 working days to process and can only be made to the card used for purchase.
· Should you choose to cancel your access or attendance to the Programme following the initial 7-day period, you can do so in writing to Pet Business Revolution Ltd, PO BOX 6638, Stratford-upon-Avon, CV37 1RX. If you paid in full for the Programme, no refunds, or pro-rata refunds, can be made. Access to the Programme will terminate upon receipt of the cancellation notice. If paying by Instalments for the Programme, you will continue to be liable for your outstanding payments until the end of your Instalment Period. No refunds, or pro-rata refunds, can be made for the Programme.
· If Pet Business Revolution is unable to fulfill its contractual obligations, of any kind, due to a ‘Force Majeure’ event, no refunds, or pro-rata refunds, can be made.
· Coaching Calls may be cancelled up to 24 hours in advance by contacting email@example.com, calling 0121 405 0605 or by cancelling through the Schedule Once booking link. If cancelled within this time, the call remains valid for re-booking. Cancellation after this time will result in the loss of that call.
Cast Iron Guarantee-
· IMPORTANT: We’re so confident in the Programme, but it won’t work unless you use it.
· Our ‘100% Cast iron Guarantee’ allows you to claim a full refund on any payments made for the Pet Business Success Blueprint if you can prove that you have actively implemented all recommendations, systems, materials and know-how and have not seen any positive result after three full months of the Programme. An SOS call is required so that we can assist you, and 1:1 Coaching Support may be recommended. To claim under this guarantee you must submit, in writing, your request for refund no later than 3 months from Start Date. Please email your request to firstname.lastname@example.org with the subject line ‘Pet Business Success Blueprint Refund Request’.
· Before claiming this guarantee you must have watched and completed all modules of the Pet Business Success Blueprint up to Module Three and spoken to us on an SOS call.
14- GENERAL PROVISIONS
· The rights provided under this Agreement are granted to you only. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement.
· A. This Agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
· B. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
· C. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
· D. This Agreement, the Subscription Fee invoice and any agreed written record identifying Authorised Users constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.
· E. English law governs this Agreement and the parties submit to the non-exclusive jurisdiction of the English courts.