TERMS & CONDITIONS
By purchasing any product or service from In Good Company UK Ltd, the following Terms and Conditions are entered into by In Good Company Ltd (“Company”, “we”, or “us”) and You (“Client” or “You”) (together “Parties”) agree to the follow terms stated herein.
1.3 In Good Company Ltd (herein referred to as "In Good Company" or “Company”) agrees to provide courses and services (herein referred to as “Products”) identified on your invoice or in your online commerce shopping cart. As a condition of participating in the Products, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
2.1 As part of the PRODUCTS, the Company shall provide the following to Client:
A Password Protected Course Area (WHERE APPLICABLE): The Company shall maintain a Course Area that will include course materials and other training and support information. You shall have access to this Course Area for as long as the Course Area exists, however no less than the duration of the Course plus two weeks. In the event that Company intends to close the Course Area, it shall provide Client with a 14-day notice and the ability to download the resources contained in the Course Area, which is what is referred to as “Access” in our marketing materials.
2.2 Course Participant Facebook Group (WHERE APPLICABLE): The Company shall create and maintain a closed Facebook group for students of the PRODUCTS (“the Course Facebook Group”). The Course Facebook Group shall be open indefinitely at the discretion of Company. This is a community run group, meaning that students are encouraged to help each other. Membership of the group is subject to Client adhering to group rules and these Terms and Conditions and the discretion of Company.
2.3 From time to time, the Company will offer bonuses such as extra materials to individuals who sign up for PRODUCTS. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the PRODUCT and they vary depending on specific live and automated promotions throughout the year.
3.1 Client understands that Zoe Hawkins AND Joanne Wheatley (herein referred to as “Consultants”), makes no claims to be an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant for the purposes of any PRODUCT.
3.2 The information contained in the products, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
3.3 You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Products and/or any information and resources contained in the Products. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Products.
3.4 The information, software, products, and service included or available through the Products may include inaccuracies or typographical errors. Changes are periodically added to the information in the Products The Company and/or its suppliers may make improvements and/or changes in the Products at any time.
3.5 The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Products for any purpose. To the maximum extent permitted under English Law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind.
3.6 Any claims made of actual earnings or examples of actual results can be verified upon request. Under the marketing device to ‘get You from A to B’ or similar representations, the level of success in attaining results will vary from client to client based on unique attributes and effort of that individual. We cannot guarantee your success or income level. Nor are we responsible for any of your actions.
3.7 To the maximum extent permitted, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Products, with the delay or inability to use the Products, or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Products,, or otherwise arising out of the use of the Products,. You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Products, If you are dissatisfied with the Products, or any portion of it, your sole and exclusive remedy is to discontinue using the Products,.
4.1 In consideration of Your access to the Products, you agree to pay the agreed fees in full.
5.1 Different Products have different payment terms. This will be made clear at the time of prucahse. Payment terms typically include:
5.2 If You opt for a Payment Plan. You will remain responsible for those payments unless you obtain a refund according to the Products Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Products and associated materials and groups. Company agrees to keep secure any payment details provided and destroy them effectively when payments are complete.
5.3 If You elect for the payment plan, You hereby authorise the Company to charge your credit card or debit card automatically for the second payment using the same card details as the initial payment unless You have provided Company with alternative card details.
5.4 You authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
5.5 Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your Product access will be immediately suspended.
6.1 The Company provides a fourteen-day no quibble money-back guarantee for the Products in parallel with your applicable statutory rights. That money-back guarantee is governed by the terms herein.
6.2 We will NOT provide automatic refunds for any request that comes more than fourteen days starting from the date of full payment if you paid in one single full payment; or, the date of the initial payment if you opted for the payment plan.
6.3 After this all payments are non-refundable under any circumstances subject to statutory rights. You remain responsible for full payment of the fees for the Product regardless of whether you complete the Product.
6.4 Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
6.5 If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material and intellectual property provided to you under this Agreement and any documents and electronic documents referred to herein or provided at the time of enrolment. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, associated social media groups, and other resources.
7.1 Client agrees to comply fully with GDPR at all times during the Product and with regard to use of social media groups associated with the Products or Company. Where the statutory obligations do not apply to individuals you must adhere to them nonetheless. For information on Your statutory GDPR obligations please visit www.ICO.org.uk.
7.2 The Company agrees to uphold its obligations under GDPR. Company will not disclose any information You provide except as set forth in this Agreement and that already in the public domain. As a condition of participating in the Products you hereby agree to respect the privacy of other Products participants and to respect the Company’s confidential information.
7.3 Specifically, you shall not share any information provided by other Product participants outside of the bounds of the Product unless you receive express written permission from such other participant to share the information. Similarly, the content of the Products contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Products with anyone other than the Company, its owners and employees, and other Product participants.
8.1 All content included as part of the Products, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Products, is and remains the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
8.2 Your participation in the Product does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Product, You agree to observe and abide by all copyright and other intellectual property protection.
8.3 The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Product are the trademarks of their respective owners.
8.4 You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product
8.5 The Company resources IP and Product content is not for resale. Your participation in the Product does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.
8.6 You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. For the avoidance of doubt, if you violate the Company’s intellectual property rights, your access to the Product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
9.1 The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of nature, extreme weather, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power failure.
10.1 This Agreement and any matters arising from it are to fall under English Law. The Client accepts that this Agreement and any disputes arising from it and the products and services to which it relates, following reasonable informal resolution attempts and formal independent arbitration should be dealt with by application to the courts of England and Wales only.
10.2 If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
11.1 The Parties agree and accept that the only process for resolving disputes shall be that described herein (see 10.1).
11.2 The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage or defame the other or their officers, nor as a means of complaint or dispute resolution.
11.3 Neither Client nor any of Client’s 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, the Company or any of its Products, members, shareholders, directors, officers, affiliates, subsidiaries, employees, agents or representatives until all means of resolution have been sought in private or through the courts.
12.1 Client may not assign or transfer to any other legal person this Agreement without express written consent of Company.
13.1 Company may modify terms of this Agreement at any time. All modifications shall be posted on the In Good Company website and purchasers shall be given reasonable notification.
14.1 The Company reserves the right, in its sole discretion, to terminate your access to the Products and the related services or any portion thereof at any time, if You become disruptive to the Company or other Course participants, if You fail to follow the product guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
15.1 You agree to indemnify the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal costs) relating to or arising out of your use of or inability to use the Product and related services, any social media posts made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, breach of GDPR, or your violation of any applicable laws, rules or regulations.
16.1 Enrolment constitutes a declaration of express agreement by both Parties to the terms and conditions herein and in any document or statute referred to herein and through any other associated media provided by Company to Client at the time of enrolment. If You require further clarification, please contact [email protected]
If you do not understand or agree with any of these conditions, please do not enrol.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
Last Updated: November 10, 2019