Terms of Service
1.1 By signing below, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this Agreement. Because we believe in constant innovation, you agree that the form and nature of the program may change from time to time without prior notice to you. We reserve the right to amend this Agreement at any time by sending you a revised version at the address you have provided.
1.2 By signing below, you authorize the company to charge your credit card or debit card, or cash your check, as indicated, as payment for your membership in the Program, if the Company approves and accepts you into the Program.
1.3 Furthermore, you agree that if you are accepted into the Program, you are responsible for full payment of fees. regardless of whether you actually attend or complete the Program, and regardless of whether you have selected a lump sum or payment plan.
1.4 To further clarify, no refunds will be issued and all payments must be made on a timely basis. If payments are not made on a timely basis (within 30 days of past due date), the Company reserves the right to place Program benefits on hold and exercise its right to collect the defaulted payment. We are committed to providing all members with a positive experience. Therefore, consider this a mutual non-disclosure agreement. By signing below, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of monthly payments if you become disruptive or difficult to work with, if you fail to follow the Program guidelines, or if you impair the participation of Program instructors or members in the Program.
1.5 We respect your privacy and must insist that you respect the privacy of fellow members. By signing below, you agree not to violate the publicity or privacy rights of any Program member. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program members and of the Company.
The Glow Your True Colours is copyrighted and original materials that have been provided to Member are for Member’s personal use only. By signing below, you agree:
2.1 not to infringe any Program member’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights,
2.2 that any Confidential Information shared by Program members or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the member who discloses it or the Company,
2.3 you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program members during Program sessions. By signing below, you further agree that
2.4 all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and
2.5 the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited. Further, by signing below, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company and/or other Program member(s) will be entitled to injunctive relief, among other remedies, to prohibit any such violations to protect against the harm of such violations.
2.6 We have made every effort to accurately represent the Program and its potential. By enrolling in the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, personal growth or results of any kind.
2.7 Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. By signing below, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program.
2.8 By signing below, you also acknowledge that you have represented to the Company that payment of your Program enrollment fees will not place a significant financial burden on you or your family.
2.9 Each party is an independent contractor in its performance under this agreement. In no event shall either party be deemed employees of the other party by virtue of participation or performance under this agreement.
3.1 Each of us shall keep confidential all sensitive information relating to the other and their business (which in my case includes materials provided in connection with the Services) and not use such information for any purpose other than that for which it was provided. This clause
3.2 shall not apply to the extent that any information is required to be disclosed by law or by any court or public body having binding authority to require such disclosure.
3.3 We each agree not to engage in any conduct or communications, public or private, intended or likely to disparage the other or damage their interests.
3.4 You undertake to behave professionally, courteously and respectfully in all dealings with Glow Your True Colours Ltd, any person(s) acting on its behalf and any other clients or other third parties to whom you may be introduced in connection with the Services, to adhere to any program rules which we may provide from time to time and not to carry out any action intended or likely to bring me or the Services into disrepute.
4.1 You acknowledge that the Services involve coaching, education and personal development, that their effect depends on your own level of engagement and commitment and that no specific results can therefore be guaranteed by me. I accept no responsibility for any decisions made by you as a result of the Service.
4.2 You acknowledge that Glow Your True Colours is not qualified medically or as a psychologist and that the Services are not intended to be medical services. You confirm that you are mindful of your own well being and are wholly responsible for taking any medical advice or treatment, which is or may be to your benefit, without guidance or involvement on my part.
5.1 My liability to you in connection with the Services (including without limitation as a result of any breach of this letter or negligence) shall be limited to the level of the Charges actually paid by you to me under this letter.
5.2 I do not accept any liability whatsoever for:
5.3 Any consequential or indirect losses, loss of profit, business, goodwill and/or anticipated savings;
5.4 Any failure or delay in performing the Services to the extent arising from any matter beyond my reasonable control.
5.5 You undertake to indemnify me, and any persons(s) acting on my behalf in connection with the Services, for any and all losses, costs, claims or demands suffered by me or them arising as a result of your acts or omissions.
5.6 The limitation of liability in this clause 5 applies to Marcia O’Regan and all person(s) acting on the company’s behalf including without limitation Marcia O’Regan personally. However nothing in this agreement shall limit the liability of any person in respect of any matter for which it is not possible to limit liability at law.
6.1 Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion,terminate this Agreement, and remove participation in the Program without refund if Client becomes disruptive or difficult to work with, or upon violation of the terms.
6.2 Indemnification. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever -including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements -which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
6.3 Glow Your True Colours may terminate this agreement immediately by giving the other party notice in writing where the other party:
i. Materially breaches any provision of this letter and fails to remedy the breach within 7 days of the first party serving written notice referring to this clause 8.1, specifying the breach and requiring it to be remedied (and any failure to pay Charges or Expenses when due is deemed a material breach); or
ii. Is adjudicated bankrupt or seeks to negotiate or is party to any voluntary arrangement or composition with creditors; or
iii. Is admitted to hospital pursuant to any mental health legislation, or is subject to any order of a court having jurisdiction (in the Republic of Ireland or elsewhere) in matters concerning mental disorder, for detention or for the appointment of a person to exercise powers regarding its property or affairs.
iv. This terminates automatically on your or Marcia O’ Regan’s death.
7.1 You consent to photos and audio and/or audio-visual recordings being taken in the course of the Services and to such photos and recordings (and your name, voice and likeness) being used by me for the purpose of any lecture, teaching, coaching and marketing materials used, or other goods and services offered, by me in the future, without any entitlement to compensation arising for you..
8.1 You acknowledge that, in entering into this letter, you do not do so on the basis of, and do not rely on, any representation, warranty or other provision except as expressly provided in this letter, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
8.2 This letter and any non-contractual claims or disputes shall be governed by and construed in all respects in accordance with the law of the Republic of Ireland, and each party hereby submits to the exclusive jurisdiction of the Irish courts.
In ticking the box you confirm your agreement to the above terms.