Terms of Service
ABOUT THESE TERMS OF SERVICE
This following Terms of Service (the ‘Terms’) are between you (herby the ”Client”) and Niluka Kavanagh operating under the name ImagineThat (herby the ”Coach”), together the parties. The services provided by the Coach include the ImagineThat Academy, the ImagineThat Career Transition Programme, the ImagineThat Discovery Call and ANY and ALL other services, information or advice delivered by the Coach (the ’Service’) under ImagineThat. The following Terms apply to the Service.
TERMS
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The time of any individual coaching meetings will be initially proposed by the Coach and all efforts will be made to try and agree a mutual time.
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Where a time cannot be mutually agreed, this will be set by the Coach.
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Any events, workshops, talks, group coaching sessions or similar will be set by the Coach and the Client agrees to do their best to attend such sessions.
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The Client alone is soley responsible to show up and utilise sessions.
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Sessions cannot be saved or carried over to the next month (30-days period).
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1:1 sessions can NOT be scheduled with less than 48 hour’s notice, unless the Coach decides otherwise.
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Sessions can only be rescheduled or cancelled NO LATER than 24 hours before scheduled. Any reschedules after this time are at the discretion of the coach. There are strictly no refunds unless the Coach determines otherwise.
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No shows, late arrivals or sessions rescheduled or cancelled less than 24 hours prior, will be considered expired and forfeited and the Client will not be able to use the session or have a session replacing that. Any exceptions are solely based on the Coach’s discretion.
CONFIDENTIALITY
Any information discussed or any information either party comes to know or possess through any Service, including without limitation any information contained in materials provided by the Service, including but not limited to documents, training, images, audio, video or other such material is confidential.
Confidential information may be shared if and only if waived by both parties in writing. Both parties agree to safeguard the confidential information using commercially reasonable means. The terms of this paragraph shall survive the termination of these Terms indefinitely.
INTELLECTUAL PROPERTY
The Coach reserves all ownership rights to the Materials. Other than for their individual use, the Client agrees to not share, copy, distribute, disseminate, or sell the Materials for either commercial or non-commercial purposes. Each party understands and agrees that its breach or threatened breach of confidentiality or intellectual property rights will cause irreparable injury to the other party and that money damages will not provide an adequate remedy for such a breach or threatened breach, and both parties hereby agree that, in the event of such a breach or threatened breach, the non-breaching party will also be entitled, without requirement of posting a bond or other security, to seek equitable relief, including injunctive relief. The party’s rights under these Terms are cumulative, and a party’s exercise of one right shall not waive the party’s right to assert any other legal remedy. Service materials are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or Service materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. By purchasing a Service, the Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Coach is confidential and proprietary, and belongs solely and exclusively to the Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. Further, by purchasing any Service, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NON-DISPARAGEMENT
Both parties agree to not take any actions, make ANY statements, whether oral or in writing, offline, online or on social media, that in any way can have a negative impact on the other party’s business, services, products, or reputation. Each party understands and agrees that any breach, perceived breach or threatened breach of disparagement of character, service or business, will cause irreparable injury to the other party and that money damages will not provide an adequate remedy for such a breach or threatened breach, and both parties hereby agree that, in the event of such a breach or threatened breach, the non-breaching party will also be entitled, without requirement of posting a bond or other security, to seek equitable relief, including injunctive relief. The party’s rights under these Terms are cumulative, and a party’s exercise of one right shall not waive the party’s right to assert any other legal remedy.
ASSIGNMENT
These Terms shall bind both the Coach and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under these Terms without express written consent from the Coach.
REFUNDS POLICY
Client is responsible for full payment of fees, regardless of whether Client completes the Service. To further clarify, no refunds will be issued.
GUARANTY & DISCLAIMER
Any Service provided is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from any Service. Coach makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Service, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Service. Service education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Coach assumes no responsibility for errors or omissions that may appear in any Service materials. Every effort has been made to accurately represent the Service and potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position the Service as a “get rich quick scheme.” Your level of success in attaining the results claimed in our materials depends on the time you devote to the Service, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. We do not hold any liability or take any responsibility whatsover for any decisions you make around how or where to complete your business registration/set-up, compliance, financial, legal, operations or tax dealings or any other decisions associated with you or your business. These are entirely out of scope and any decisions you make are entirely yours alone. Client understands that the Coach has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of any Service. If the Parties continue their relationship, a separate Agreement will be entered into.
PARTNERS
We may endorse or partner with Digital Nomad Specialists, Digital Nomad Providers, Digital Nomad Individuals and other Digital Nomad Organisations ('Partners') who may offer support or advice in certain areas such as tax, insurance, visas and other areas. These are third party providers and are in no way connected with the Service. Any service, advice or other correspondence you make with them is your decision entirely and is done on a direct basis based solely on your own judgement and at your own risk. ImagineThat does not hold any liability whatsover for the services you use from third party providers.
WARRANTIES
Both the Coach and Client warrant that they have full authority to enter into these Terms. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in these Terms.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
WHOLE AGREEMENT. These Terms supersede and cancel all prior or contemporaneous discussions, writings, negotiations and agreements that may have been in place between the Coach and Client before the Client used any Service.
MODIFICATIONS
We may revise these Terms any time without notice. By using the Service you are agreeing to be bound by the then current version of these Terms.
SEVERABILITY
If any term in these Terms is found to be void or voidable, the remaining terms are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
LIMITED LIABILITY
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL PAYMENT AMOUNT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE COACH OR ANY CONSULTANT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST INCOME, EMPLOYMENT OR PROFITS OF CLIENT, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS ASSERTED BY THE COACH FOR BREACHES BY CLIENT OF ANY PARAGRAPH.
DISPUTE RESOLUTION: COSTS AND FEES: APPLICABLE LAW/VENUE
These Terms and any dispute or claim (including non-contractual claims) arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the laws of England and Wales. The parties agree that the venue for any court proceedings arising out of these Terms shall be in the UK. The parties agree that their good faith participation in mediation or arbitration is a condition precedent to pursuing any other available legal remedies. The successful party to any dispute resolution arising under these Terms will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.
DUTY TO READ
By taking part in ANY Service with the Coach and ImagineThat, you automatically become party and accept these Terms.
You understand and accept that you are precluded from using lack of reading as a defence against all remedies contained herein.
You hereby warrant that you am competent to participate in the Service in your own name. You confirm that you have read these Terms prior to using any Service and are fully familiar with the contents thereof.
These Terms shall be binding upon you and you heirs, legal representatives and assigns.