Terms of Use
1. Terms
By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Further, you agree that if you violate, or display any likelihood of violating, any of these restrictions, the School will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
3. Disclaimer
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
You understand that the School is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, dietician, financial analyst, psychotherapist or accountant.
The services provided by the School are not intended to replace or supplement medical advice that you receive before, during or following the coaching and you should not consider any information you receive as medical advice nor rely upon it as medical advice. You should consult with your personal physician or other health-care professional if you have any healthcare related questions or before embarking on a new sleep or health related program. If a medical problem appears or persists, do not disregard or delay seeking medical advice from your personal physician or other qualified healthcare provider. You understand that participating in this programme will not treat or diagnose any disease, illness or ailment. Accordingly, I expressly disclaim any liability, loss, damage, or injury caused by information provided to you.
You understand that the School has not promised, nor shall be obligated to, the following:
- Your success in sleeping or other results.
- Improvement in your health, wellbeing, either psychical or mental.
Your level of success depends on the time you devote to the ideas, techniques and education provided, how you apply these and your own physiology and biology. Since these factors differ according to the individual, the School cannot guarantee your success or time spend asleep, nor is the School responsible for any of your actions. In fact no guarantee is made that you will achieve any results from the ideas and techniques in the material provided.
You understand a relationship does not exist between the parties after conclusion of the programme.
4. Confidentiality
The School respects your confidentiality and we insist that you respect ours in return. This is a mutual non-disclosure agreement. Any confidential information shared by the School is confidential, proprietary, and belongs solely and exclusively to the client or representative who discloses it. Parties agree not to disclose, reveal or make use of any confidential information or any transactions during discussions, in the group or otherwise.
You agree not to use such confidential information in any manner other than in discussion with other clients, or the School, during the respective programme. Confidential information includes, but is not limited to, information disclosed in connection with the agreement, and shall not include information rightfully obtained from a third party.
Both parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft.
You agree not to violate the publicity or privacy rights of the School. Furthermore, you will not reveal any information to a third party obtained in connection with this agreement or our direct or indirect dealings with you, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers or postal addresses. Additionally you will not, at any time, either directly or indirectly, disclose confidential information to any third party.
By purchasing our products or participating in our call, sessions or groups, you agree that if you violate or display any likelihood of violating this agreement, the School or any other affected clients, will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
5. Limitations
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree that you use the services of the School at
your own risk and that the services being provided are educational only. You
release the School, officers, employees, principals, agents, heirs,
executors, administrators, successors, assigns, instructors, guides, staff,
participants and related entities as well as the venue where the programme or
session is held (if applicable) from any and all damages that may result from
any claims arising from the agreements, all actions, causes of action,
contracts, claims, suits, costs, demands and damages of whatever nature or kind
in law or in equity arising from your participation in the programme, session
or group. You accept any and all risks, foreseeable or unforeseeable. You agree
that the School will not be held liable for damages of any kind resulting
or arising from including but not limited to; direct, indirect, incidental,
special, negligent, consequential, or exemplary damages happening from the use
or misuse of the School’s services or enrolment in the programme. The School assumes no responsibility for errors or omission that may appear in
any of the programme material.
6. Authorisation and release
You understand that your participation in the programme, calls or groups may be recorded in audio, video, still image or other form and you hereby grant to the School and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, company or entity acting under their permission or authority or for whom they may be acting, including anyone distributing or disseminating advertising for the products and/or services of the School; the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the participation in such manner, in any medium now known or later developed, worldwide in perpetuity, for such purposes, in whole or part, as they shall determine in their sole discretion without further compensation or consideration to you and without further authorisation by you without restriction as to changes or alterations (including, but not limited to, composite or distorted representations or derivative works of your likeness made in any medium) in connection with the development of a coaching library or the promotion of the School’s business, products, and/or services. You disclaim any interest in the participation and further acknowledge that they shall constitute the sole property of the School (or its successors or assigns as the case may be).
You also affirm that any statements or endorsement made by you in your participation are factually accurate and represent your honest opinions, findings, beliefs, and/or experiences. You hereby waive all rights of ownership, inspection, or approval with regard to any taping, broadcast, reproduction, blurring, distortion, alteration, optical illusion, proposed printed, audio or video publication and/or other use of your name, personal information and/or participation, whether in an intermediary version(s) or finished version(s). You also hereby release, discharge and agree to hold harmless the School and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, company or entity acting under their permission or authority or for whom they may be acting, including anyone distributing or disseminating advertising for the products and/or services of the School, from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation or copyright infringement, resulting from the use of your personal information and the participation. You agree that your use of the service is voluntary and you assume complete responsibility for your actions in connection therewith.
You warrant that you are over 18 years of age and competent to contract in your own name. You agree that this release shall be binding on you, your legal representatives, your heirs and your assigns.
7. Non-Disparagement
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Nicky Blakeman, the School or any of its programs, members, officers, affiliates, employees, agents or representatives.
8. Force Majeure
In the event that any cause beyond the reasonable control of either party, including without limitations acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Government travel advisory, labour strike or civil disturbance, make it inadvisable, illegal or impossible, either because of unreasonable increased costs or risk of injury, for Nicky Blakeman or her affiliates, employees or agents, to perform obligations under this Agreement, Nicky Blakeman’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
9. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
10. Links
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
11. Site Terms of Use Modifications
The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
If any provision of this agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
12. Termination
The School is committed to providing you with a positive experience. By purchasing this product or participating in calls, sessions or groups, you agree that the School may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the programme, calls, sessions or groups, without refund or forgiveness of monthly payments if you become disruptive to the School or other students, if you fail to follow the programme guidelines, is difficult to work with, impairs the participation of the other participants or upon violation of the terms as determined by the School. You will still be liable to pay the total contract amount.
13. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.