Terms – FBA – VIP upgrade

These Living Rosy Terms and Conditions (“Terms”) are entered in to between:

Mentor, RPTR (UK) Limited

a limited liability company incorporated and registered in England and Wales under company number 90187828 and having its registered office at 10th Floor, K&B Accountancy Group, 1 Canada Square, London, E14 5AA, operating as Living Rosy (“we/our/us”);


Client, yourself (“you/your”).


VIP GROUP Programme Upgrade (“VIP Upgrade”)

1.1 The Sessions are provided to you on the basis of these Terms.

We will provide you with 20 recorded video tutorials and workbooks via the online membership website and conduct 20 live Group Q&A Calls throughout the year. (“Sessions”). 


1.2   You will receive complimentary access to the Programme private community (“Community”) until 31 December 2017. This community is run via a Facebook group. We reserve the right to cancel this community or change the terms of access at any time. We are not liable for changes to the access of this community outside our control.


1.3 You will receive access to the Programme Study with Rosie student group (“Student Group”) for 12 months from your date of purchase. This community is run via a Facebook group. We reserve the right to cancel this community or change the terms of access at any time. We are not liable for changes to the access of this community outside our control.


2.1 You accept our Terms by:

(a)    written confirmation that you accept;

(b)    paying for the Programme.


2.2 You are eligible for this upgrade if you are already a current Study with Rosie member of Freedom Business Academy ($2,997 payment).


2.4  The fee for the VIP Upgrade is $4,997 (USD) (“Fee”), payable in full upfront. A payment plan of 12 monthly payments of $497 is available (“Payment Plan”). 


2.5  We will advise you in writing if we agree to provide you with any other amount of fee, alternative payment arrangements or different programme details.


2.6 We take payment via Stripe (unless we agree and inform you otherwise).


2.7 We reserve the right to cancel your VIP Upgrade if payment if the Fee is not made within 72 hours of booking or before the first Session, whichever is the earlier. For those using the Payment Plan, monthly payments must be made before the month commences. If payment is late your access to the Programme, your access to Sessions and the Student Group will be suspended.


2.7 When we use the words “writing” or “written” in these Terms, this includes e-mail unless we say otherwise.


2.8 The Programme, Sessions and Student Group interaction to be provided are educational and coaching services only, and do not constitute professional, clinical, medical, nutritional or financial advice, therapy, assistance or counselling.  They may relate to specific personal projects, business successes, or general conditions in your life or profession.


2.8 Please ensure that you read these Terms carefully and understand them before accepting them and commencing with the Programme or VIP Upgrade.


3.    Attendance

3.1    You will access to a membership site where you may consumer the Programme materials (Materials) at your convenience.


3.2   We endeavour to schedule Group calls at consistent times twice per month, however we reserve the right to cancel or postpone the calls.


3.3.   If you arrive late to the call we will still end the call at the scheduled time, so your time will be cut short.


3.4   No refunds will be given where you miss or arrive late to a call.


3.5   All live calls will be completed before 15 December 2017.


4.    Refund Policy

Your rights to cancel and applicable refund

4.1    Due to the immediate access and downloadable nature of the Materials, you agree that you waive your right to a 14 day cooling off period for your order.


4.2   Due to your purchase being a coaching package in a business capacity, we do not offer refunds or cancellations. All contracts and purchases are binding. If you have chosen to pay via a payment plan, you will still need to complete all of your payments.


4.3    We will provide refunds to the extent required under English Law. We will not provide refunds for any additional reasons.


5.    Confidentiality

5.1    You acknowledge that these Terms are confidential, and you agree not to disclose them to any third party, including other members of this Programme.


5.2    All confidential information provided by you to your coach will be kept strictly confidential, and will only be disclosed with your consent, or as required by law.


5.3    We will use the confidential information you provide to us to:

(a)    provide the Programme;

(b)    process your payment for the Programme; and

(c)    inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.


6.    Intellectual Property

6.1    Any reports, recordings, workbooks and other materials that we provide to you in the Programme and the Sessions contain materials which we own or are licensed to use and are protected by English and international laws.  You acknowledge and agree that we own the copyright and any other intellectual property rights which subsist in all of the Material that we provide to you in the Programme.


6.2    You agree that nothing in these Terms constitutes a transfer in ownership of any copyright or any other intellectual property rights the Materials.


6.3    The Materials are provided to you exclusively for your personal and private use. You agree not to: 

(a) use the Materials, the Programme or the Sessions for any commercial, business or re-sale purpose;

(b) breach the any of our or our licensors copyright or intellectual property rights in the Materials by, altering or modifying any of the Materials, creating derivative works from the Materials;

(c)    distribute the Materials or any part of the Materials to any other person or third party. 


7.    Mentoring Relationship

7.1   Throughout the working relationship, your mentor will engage in direct and personal conversations. Your mentor seeks to be honest and straightforward in asking questions and making requests. You understand that the success of the mentoring relationship is based on the information that you provide to the mentor. To help with having a successful mentoring relationship with your mentor, you agree to provide such information that is necessary to cultivate a successful relationship with your mentor.


7.2 You acknowledge that the Student Group is a group forum where other members are present and can read your questions and see our answers.


7.3 We endeavour to keep the Student Group a non-public area, but you acknowledge that we are not responsible for breaches of confidentiality for any information posted in this group.


7.4 If you believe that the mentoring is not working as desired, you will communicate that belief privately in writing to the Company or the Mentor setting out how you believe the relationship can be improved.


8.    Feedback and dispute resolution

8.1    Your feedback is important to us. We will seek to resolve your concerns quickly and effectively. If you have any feedback or questions, please contact us.


8.2    If there is a dispute with us, both you and we agree to the following dispute resolution procedure:

(a)    the complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  Each party shall meet in good faith to seek to resolve the dispute by mutual agreement; and,

(b)    if the parties cannot agree how to resolve the dispute, either party may refer the matter to an appropriate mediator under English Law.  The mediator will decide the time and place for mediation. Both parties must attend the mediation recommended by the mediator, and in good faith, seek to resolve the dispute through mediation or other alternative dispute resolution processes.


8.3    Any attempts made by you or us to resolve a dispute pursuant to this clause shall be without prejudice to any other rights or entitlements of the parties under these Terms, by law or in equity.


9.    Acknowledgement and Disclaimer

9.1    You understand that you are purchasing this product at the agreed Fee.


9.2    You acknowledge and understand that:

(a)    we and our coaches and mentors are not professional psychologists, psychiatrists, nutritionists or otherwise medically or clinically trained nor are they professional financial or legal advisors. They are not medically qualified to assess your physical or mental condition nor are they trained to give you legal or financial advice. If you are in any doubt, please seek expert medical or financial advice before using the Programme;

(b)    the mentoring within the Programme is not counselling, psychotherapy or psychoanalysis;

(c)    the mentoring within the Programme does not deal with the diagnosis or treatment of health and emotional problems;

(d)    the mentoring within the Programme does not deal with giving you financial advice;

(e)    we do not guarantee or warrant any specific result or benefit to you from the mentoring or the Programme; and

(f)    as the mentoring within the Programme does not constitute medical consultation or treatment, health insurance will generally not apply. The Fee may, however, be considered deductible business expenses, please see your accountant or tax adviser if you would like advice on this.


10.    Liability

10.1    Nothing in these Terms removes your legal rights as a consumer under English Law.


10.2    Other than for any claims that relate to liability or losses that we cannot limit or exclude under English law and subject to clause 10.4, our total liability for loss or damage you suffer or incur is limited to and capped at us re-supplying the Programme (in full or in part, as applicable), or us refunding to you the Fee.


10.3    We only provide the Programme and Materials for your personal and private use. You agree not to use the Programme, the Materials or the Sessions for any commercial, business or re-sale purpose, and we have no liability to you or any third party for any loss of profit, loss of business, business interruption, or loss of business opportunity.


10.4    Neither of us is liable for a failure or delay in performing an obligation under this agreement to the extent the failure or delay is because of an event beyond our reasonable control. If either of us is affected in this way, each of us will use our reasonable endeavours to minimise delays or interruptions.


10.5 The obligations under this clause will survive the termination of these Terms.


11.    Indemnity

11.1    Subject to clauses 10.2 and 10.4 and your compliance with these Terms, we are liable for and agree to indemnify you and hold you harmless in respect of any loss or liability which you suffer, incur or are liable for as a result of any breach of these Terms by us, our employees, contractors or agents. 


11.2    You are liable to us and agree to indemnify and hold us harmless in respect of any loss or liability which we suffer, incur or are liable for as a result of:

(a)    any information you provide that is not accurate, up to date or complete or is otherwise misleading; or 

(b)    your breach of these Terms. 


11.3    You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Programme including but not limited to disputes, complaints, investigations, mediation or litigation that arises out of or relates to incorrect information you have given us.


11.4    The obligations under this clause will survive termination of these Terms.


12.    Termination

12.1    These Terms will continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force.


12.2    We may terminate the Terms at any time, in our sole discretion, if you act in an inappropriate manner, examples of such an inappropriate manner include but are not limited to where we reasonably believe that:

(a)    our relationship of trust and confidence breaks down;

(b)    your manner defames, harasses, threatens, menaces, offends or restricts any person; or

(c)    your manner is or could be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

(d)    that would bring us or the Programme into disrepute; or 

(e)    any other reason outside of the our control which has the effect of compromising our ability to work with you; or 

(f)     you owe us any unpaid fees and such fees are still unpaid 30 days after the date the fees were due.


12.3    Either party may terminate the Terms if there has been a material breach of these Terms and such material breach has not been remedied within 30 calendar days to the satisfaction of the non-breaching party.


12.4    The accrued rights, obligations and remedies of the parties are not affected by the termination of these Terms.


13.    Priority 

If these Terms differ from any other information that you have been provided with, including by email or phone, these Terms apply, unless we agree otherwise in writing.


14.    Other Important Terms

14.1    These Terms are between you and us. No other person shall have any rights to enforce any of its provisions.


14.2    Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.


14.3    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that does not mean that we will automatically waive any later default by you.


14.4    If we have to revise these Terms at any time, we will give 30 calendar days’ written notice of any changes to these Terms before they take effect. You may choose to terminate these Terms before such change takes place by providing us with written notice of such termination.


15.    Jurisdiction & Governing Law

These Terms are governed and construed in accordance with English Law.  Each party agrees to the exclusive jurisdiction of the courts of England for any claims (whether contractual or non-contractual in nature) that may arise in connection with these Terms.