TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING A PRODUCT.

Your access to and use of this website, as well as all related websites operated by Charelle Griffith Ltd (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

ABOUT US

www.charellegriffith.com is owned by Charelle Griffith Limited (“we” or “us”). Our email address is info@charellegriffith.com

PURCHASE AND REFUNDS POLICY.

1.1 Due to your purchase being a coaching package in a business capacity, CharelleGriffith.com does not offer refunds or cancellations. All contracts and purchases are binding.

1.2 Due to your purchase being an infoproduct in a business capacity and downloadable at the time of purchase, CharelleGriffith.com does not offer refunds or cancellations. All purchases are binding.

OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on our site for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Terms & Conditions for Start Strong

By opting to purchase Start Strong you automatically agree to our terms of use. If you have problems with any of the clauses listed below or do not agree with the risk allocations mentioned here, please do not purchase.

Please note that Charelle Griffith Ltd reserves the right to make changes, revisions, and amendments, or add/remove sections from this set of terms and conditions – without any prior notifications to you. Such changes will be duly reflected on the website – www.charellegriffith.com. These changes will relate back to the date of purchase of Start Strong.

Terms and Conditions

Terms referred to in this contract are interpreted to mean the following:

“Me, Us or I” Charelle Griffith Limited

“You” the client and participant in the Consulting Programme

Terms of Engagement

1.1

You are engaging with Charelle Griffith, Director of Charelle Griffith Ltd as a Business and Marketing Strategist to provide you with Start Strong to you as per the terms of this agreement.

1.2

This contract between us will commence on the date you sign the agreement continuing until Friday 24th June 2022.

1.3

Start Strong will start on Monday 11th April and run until Friday 24th June2022. Start Strong will be delivered entirely online using a combination of email, group Zoom calls and a Facebook group.

Cancellations

2.1

Due to Start Strong being a purchase in a business capacity, we do not offer refunds or cancellations. All contracts and purchases are binding.

2.2

If for any reason I have to cancel a live call I will try and give as much notice as possible and reschedule the call.

My Duties and Obligations

3.1

I shall provide all marketing advice and training with due care, skill and ability.

3.2

Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law.

3.3

Due to the nature of marketing, success is dependant on a number of factors, I do not guarantee any particular results. Please note marketing training works best when both parties are 100% committed.

3.4

I shall respond to all email enquiries and support requests within 48 hours Monday to Friday between 10am and 5pm UK time.

3.5

I will endeavour to ensure that all information that I provide is accurate and up-to- date but I shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

3.6

I acknowledge that in the course of the contract I will have access to your

confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information.

This restriction does not apply to:

(a)

any use or disclosure authorised by you or required by law;

(b)

any use or disclosure which I in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

(c)

any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

3.7

You acknowledge and agree that your personal data will be processed by and on behalf of me as part of us providing Start Strong to you.

3.8

I acknowledge that in the course of providing the Services I will have access to Confidential Information.

3.8.1

I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:

. (a) any use or disclosure authorised by you or required by law;

. (b) any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

. (c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

3.8.2

As is good practice in business, I undertake coaching myself. You agree that I may disclose any issues which arise out of our “Sessions” with my own coach, other clients, group and so forth but I only agree to disclose such issues on a general basis and without disclosing any names.

FEES & PAYMENT

4.1

Total payment for Start Strong is £1,111.

4.2

Payment is to be made online at www.charellegriffith.com

4.3 Please note due to business services being provided, save for extreme circumstances all payments are non-refundable.

INTELLECTUAL PROPERTY

5.1 I am the owner or the licensee of all Intellectual Property Rights and all other rights in Start Strong and all content within the SStart Strong and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Start Strong or the content of the Start Strong to you or to any other person.

5.2

You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Start Strong.

5.3

I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Start Strong for the purposes for which the Start Strong was provided only.

5.4

Except as set out in paragraph 6.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

5.5

You may not without our prior written consent make any audio or visual recordings of any part of my Startv Strong.

5.6

I may record the Stat Strong calls being delivered during your

attendance. You authorise me to use your image and voice in any such recordings without payment, other condition or need for further consent.

5.7

You acknowledge that certain information contained in the Start Strong and Start Strong materials is already in the public domain.

5.8

You are not permitted to sell or promote products or services to other participants in the Start Strong at or during any part of our Start Strong without our prior written permission.

5.9

The provisions of this paragraph 7 shall survive termination of the Contract.

TERM AND TERMINATION

6.1.

The Contract shall continue until Friday 24th June 2022 when the Contract shall expire. All Terms will expire other than for the Terms that are specifically stated to remain in force.

6.2.

Notwithstanding the provisions of paragraph 6.1 or 6.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

6.2.1.

The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

6.2.2 The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

6.2.3

The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.

6.3.

On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

6.4.

Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

6.5.

Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

6.6.

Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.

6.7.

This paragraph 8 shall survive termination of the Contract.

6.8.

Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.

LIABILITY

7.1.

Nothing in this paragraph 7 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

7.2.

We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing Start Strong

7.3.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for Start Strong.

7.4.

If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

7.5.

We shall not be not liable for additional costs incurred by you as a result of changes in

(i) Start Strong, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.

7.6.

The provisions of this paragraph 8 shall survive termination of the Contract.

7.7.

You acknowledge and agree that:

7.7.1.

The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Strategy Day (which shall be deemed to have been terminated by mutual consent);

7.7.2.

in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of Start Strong other than as expressly set out in the Contract.

GENERAL

8.1.

By registering for Start Strong you warrant that:

8.1.1.

You are legally capable of entering into binding contracts; and

8.1.2.

You are at least 18 years old; and

8.1.3.

That all information you provide us with is materially true and accurate at all times and not misleading in any way.

8.2.

You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

8.3.

We may vary these Terms (other than the price payable by you for the Strategy Day) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Strategy Day will be deemed to be your acceptance of any new Terms.

8.4.

The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.

8.5.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the

Contract.

8.6.

If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.

8.7.

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will

continue to be valid to the fullest extent permitted by law.

8.8.

A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

8.9.

The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.

8.10.

The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

8.11.

We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

8.12.

Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

Last updated March 2022