Terms and Conditions for Digital Products and Memberships
- Please read these Terms and Conditions carefully before placing your order. By placing your order for any digital product you are agreeing to be bound by these Terms and Conditions. Should you not wish to be bound by these Terms and Conditions then you should not proceed to order and purchased any of our digital products.
What you agree when you purchase Digital Products
- When you purchase any of our digital products, you’re confirming that you’re over 18, that you’re legally capable of entering into a legally binding contract, and that all information you provide to us is true and accurate.
- You agree to keep your access to the Digital Product private, and not to share, disclose, assign, sell or licence any part.
- We’ll deliver all digital products with reasonable care and skill.
- Any information, support and guidance provided is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.
- We reserve the right to amend, revise, make changes, or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we’ll ensure that the digital products still match the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes to the digital products which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Digital Product.
- The Digital Product is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to our digital products or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Digital Product or our systems or processes which is caused due to routine or unexpected maintenance.
Access to private areas, groups and sessions
- Where the Digital Product includes access to a private area and/or you are required to set up an account it shall be your responsibility to:
- provide the correct information to set up your access to the private area or create your account; and
- keep your password or any other access information private, safe and secure; and
- to notify us should you become aware of, or suspect that a third party is aware of your password or access details.
- Where the Digital Product includes interactive or live training, teaching, coaching or information sessions via video link or telephone (“the Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by [email protected] It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
- We respect your privacy and confidentiality and we ask that you respect the privacy of other individuals accessing the Digital Product (“Clients”). Where we provide access to Sessions, a private facebook group or other private group or area, you agree:
- to act in a reasonable and responsible manner at all times when accessing the private groups or areas or during any Sessions and not to act in a manner which may cause offence, distress or alarm to any Clients or any other individual accessing the Digital Product;
- not to record any Sessions for your personal use or otherwise;
- not to share information, whether expressed to be confidential or not, that is shared by another Client;
- not to capture or share images of any other Client or that include any other Client without that Client’s express permission;
- not to canvass, promote or advertise your products or services to any of our employees, contractors or Clients, or use your participation in the membership or access to the membership to canvass, promote or advertise your products or services without our express consent;
- not to use any private group or area for any unlawful purpose; and
- that when accessing any private group or area that you will not upload, post, transmit or otherwise make available content that:
- Infringes copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
- is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not;
- discloses personal and/or confidential or sensitive information about another person;
- is threatening or causes a Client to feel harassed or in fear; and/or
- is classed as spam.
- If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our groups, on our Website, or during any Sessions you agree to notify us as soon as possible.
Your Purchase of the Digital Product
- Your order and purchase of any of ours digital products is a contractual offer that we may, at our sole discretion, accept.
- Our acceptance is indicated when we send your confirmation email (“Confirmation Email”) and a legally binding agreement between us will be formed once we send the Confirmation Email.
- When you place an order to purchase a digital product you will be required to acknowledge that you wish access to the Digital Product to be provided to you immediately and that you acknowledge and agree that you will lose any legal right to change your mind and cancel this agreement.
- In the event we are unable to fulfil your order and deliver the Digital Product we shall notify you by email and provide you with a full refund of the Digital Product Fee paid.
- We stand behind our digital products and the membership – your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download and are usually accessed and consumed within the 14-day cooling off period of purchase, we generally offer no refunds.
- If you change your mind about your purchase and you have not downloaded our product or logged into the membership, we will happily discuss a refund with you.
- Refund requests made after you have downloaded our digital product or accessed the membership are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase or subscription.
- To discuss a refund, please email [email protected] and a member of our team will respond within 24 hours.
- In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Services then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter .
Cancellation and Termination
- You shall have the right to cancel your access to the membership by providing notice to us by email to [email protected] In accordance with our refund policy despite cancellation, no refunds will apply.
- We reserve our right to terminate your access to our membership and any associated Sessions, groups or resources, with immediate effect, and without refund, if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to provide payment of any amount due in respect of the Digital Product as and when it becomes due; or
- have a bankruptcy petition presented against you or you are subject to a bankruptcy order; or
- enter into an insolvency arrangement or are otherwise unable to pay your debts; or
- cease trading or an administration or similar financial order is made; or.
- are subject to any of the circumstances as set out below.
- We shall be entitled to limit or cancel your access to the membership or suspend, and/or terminate the arrangement without refund if we reasonably determine that you are:
- becoming disengaged, disruptive or if you impair the provision of the membership or the enjoyment of the Digital Product by any of our Clients. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Digital Product, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or .
- failing to follow or abide by any of the terms set out within this document or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
- Upon termination of this arrangement for any reason:
- all clauses which either expressly or by their nature relate to the period after the delivery of the Digital Product or expiry or termination of the same shall remain in full force and effect; and
- you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise.; and
- you shall cease to use, either directly or indirectly any Content or Confidential Information received as part of the Digital Product, and shall immediately return to us or destroy any documents, materials or resources in your possession or control which contain a record of any Content or Confidential information.
- The protection of confidentiality is very important to us. If you disclose Confidential Information to us in connection with your use of the Digital Course, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
- Where we disclose Confidential Information to you, or where it is disclosed by another individual accessing our Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not share it or use it in any way other than in discussions as part of your use of the Services;
- In these Terms, Confidential Information means ideas, know-how, business practices, customer/client details, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms and Conditions.
- As part of the Digital product we may provide you with access to materials, information, resources, data and/or other content as part of the Digital Product (“Content”), you agree to only use it in connection with your use of the Digital Product and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.
- Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it. We shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
- When you purchase the membership, we’ll grant to you a personal, limited, non-exclusive, non-transferable, revocable licence to access, view and use any Content or other materials and resources provided as part of the Digital Product solely for your business purposes and for the purposes intended by these Terms and Conditions. All other uses are strictly prohibited. We reserve the right to revoke this licence at any time by providing you with written notice.
- When you purchase our Digital Products you agree and undertake that from the date of purchase that you WILL NOT:
- copy, reproduce, sell, licence, share or distribute any of our Content, whether during the period of provision of the Services, or at any time thereafter;
- record any webinars, online or in-person events, videos, Sessions or any Content;
- infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights or any such rights belonging to another individual accessing the Services.
- In the event of your breach of your obligations relating to our Intellectual Property then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.
- The provisions above shall continue in force notwithstanding termination for any reason.
Your Personal Data and how we use it
- Personal data in these Terms means any information which is capable of capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
- Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Services, and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at https://growglow.co/privacy-policy/.
- As part of the delivery of the Services your image may be recorded in photographs, images or screenshots by us or other individuals accessing the Services and shared on social media. By purchasing our Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at [email protected]
- The obligations set out above and in clauses 10 and 11, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not connected to this Agreement), to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.
Reviews and Testimonials
- If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, that Client Content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.
- When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
- These provisions shall survive termination.
Complaints or concerns
- If you experience a fault or other issue with any of our digital products or memberships please let us know immediately by email to [email protected]
- In the event you have any concerns as to any aspect of the Digital Products then you agree to notify us of such concerns by email to [email protected] as soon as possible. We agree that, upon receipt of such notification by email, we shall use reasonable efforts to work with you to resolve your concerns.
- You accept that purchasing the Digital Product does not establish any form of legal business relationship and that we are only liable to you in respect of the services provided and to the extent as set out within these Terms and Conditions.
- We do not warrant or guarantee that your access to any of our digital products and memberships will be:
- accessible via your particular hardware or software;
- free from interruptions or errors;
- free from defects;
- suitable for your particular business situation or circumstances.
- We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
- any indirect, consequential or special damages, losses or costs;
- any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
- any failure to deliver the Digital Product where we are prevented due to a reason beyond our reasonable control; or
- any losses arising from your choice of the Digital Product or your use of the Digital Product once delivered.
- We shall not be liable to you where we have informed you of a problem with the Digital Product and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
- In the event you incur damages as a result of our default or breach of this Agreement, our entire liability under this Agreement is limited to the amount of the Digital Product paid by you as at the time the loss is sustained.
- Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
- During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
- In the event a dispute arises in connection with this Agreement and the provision of the Digital Product which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either Party shall be at liberty to commence legal action.
Contact between us
- All digital products and memberships are provided by Grow Glow. Our contact email address is [email protected]
- You accept and agree that all communication between us will be via electronic means. We’ll contact you using the email address you provide to us and it shall be your responsibility to contact us if that changes. Where we need to provide you with information, we’ll do this via email You can contact us using the details set out above.
- No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.
- Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
- The failure of either Party to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
- In the event any provision of these Terms and Conditions is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
- Every effort will be made to deliver the digital products and memberships in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of the Digital Product should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Digital Product shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Digital Product, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
- Where an Event arises, we’ll provide you with a notice in writing setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event. Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of either of us in respect of any breach of these Terms and Conditions occurring prior to termination. Any refunds will be considered at our discretion.
- This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
- You agree that no other representations have been made by us to induce you into purchasing the Digital Product and no modification or variation to these Terms and Conditions shall be effective unless in writing and signed by us both.
- Save as provided for above, the Contracts (Rights of Third Parties) Act 1999 shall not apply.