TERMS & CONDITIONS

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE USING WWW.FRANKLYCOACHING.COM (THE “SITE”), OR ACCESSING ANY PAGE ON OUR SITE, YOU AGREE TO BE BOUND BY THE CURRENT VERSION OF OUR TERMS OF SERVICE AND PRIVACY POLICY. THIS DOCUMENT RELATES TO USE OF THE SITE, THE COACH &GO EMAIL SUBSCRIPTION AND COACHING SERVICES.

These terms and conditions govern the use of franklycoaching.com (the “Site”) and its subsidiary sites. Please read them carefully. We may occasionally amend these terms and conditions; changes will be posted on the franklycoaching.com site.

1. Information About Us

franklycoaching.com is a site operated by Frankly Coaching Ltd (“We”). Our Company Number is 10997889 and our trading address is at Frankly Coaching Ltd 14 High Road London N15.

2. Intellectual Property

All intellectual property rights concerning this website’s design, text, graphics and other materials are owned by franklycoaching.com or our licensors. franklycoaching.com is a registered trademark of Frankly Coaching Ltd. and may not be used for any reason without permission.

3. Access To Our Website

Access to our Site is on a temporary basis and we reserve the right to withdraw or amend the website at any time. Where you are provided with or are allowed to choose a user ID, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party.

4. Information About You & Your Visits To Our Site

We process information about you in accordance with our Privacy Policy. You consent to such processing and you warrant that all information that you provide is accurate.

5. Linking To & From Our Site

Our Site may from time to time contain links to various sites and other resources provided by third parties. These links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may be suffered by you in connection with your use of them.

You may link to the Site’s homepage, provided that you first obtain our written consent and then comply with any conditions we may require in respect of the link to your website. In any event, linking to our Site must be done in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor should you establish a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission at any time without prior notice.

6. Purchasing from our site

Frankly Coaching or our billing processors collect your billing information when you make a purchase or sign up for membership. All of this registration information is protected in accordance with our Privacy Policy. Frankly Coaching does not store any confidential payment information, this is all managed and protected by our processors.

All debit or credit card transactions incur a handling fee which is passed on to the customer at 1.4% of purchase value plus £0.20.

Direct Bank Transfers do not incur a handling fee.

7. Payment Terms

All payments are non-refundable. Some payments are transferable and information relating to these terms shall be explicitly communicated at point of sale. Cancellations, refunds and transferable terms will be stipulated at point of sale of any product or service provided by Frankly Coaching Ltd. Disputes may contact help@franklycoaching.com.

7.  Outstanding Charges

By agreeing to our Terms and Conditions you agree that any outstanding charges that have not been settled when due will be charged to the credit card details supplied.

8. Promotions

All promotional offers unless otherwise stated on specific terms and conditions for the offer, will be subject availability, not to be used in conjunction with any other offer and Frankly Coaching Ltd reserves the right to refuse service for any reason we deem appropriate.

9. Giveaways

Frankly Coaching may, from time to time, offer giveaways (“Promotions”) to Users in order to encourage engagement with the platform. The following general rules (“Rules”) apply to all Promotions Frankly Coaching conducts, and Users agree to be bound by these rules:

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN FRANKLY COACHING’S PROMOTIONS. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Promotion Period: Any Promotion period Frankly Coaching establishes is subject to change.

Sponsors: Frankly Coaching may partner with third-party sponsors (“Sponsor”) for each Promotion, or may itself be the sole Sponsor.

Eligibility: Unless otherwise stated, Promotions are only open to persons who reside in the United Kingdom.

Void Where Prohibited: Promotions are void where prohibited or restricted by law. Residents of any jurisdiction in which this Promotion constitutes a lottery, game of chance or otherwise unlawful game, contest or sweepstakes are ineligible to enter or win this Promotion and are responsible for ensuring that the Promotion is legal in their jurisdiction before entering any such Promotion.

Submitted Information: All entrant information, including email addresses and mobile numbers, is subject to the Privacy Policy of the Promotion’s Sponsor and, if applicable, Frankly Coaching’s Privacy Policy. By entering a Promotion, all entrants fully and unconditionally agree to be bound by these Rules and the decisions of the Promotion’s Sponsor, which will be final and binding in all matters relating to a Promotion. Sponsors reserve the right to disqualify any entrant for any reason, in their sole and absolute discretion.

Winner Selection: Winners of each Promotion will be selected at random from all valid entries as of the drawing date, which will be set forth by Frankly Coaching and/or the Promotion’s Sponsor. The odds of winning depend on the number of eligible entries received for a particular Promotion.

Winner Notification: The winner of each Promotion will be notified by email and/or telephone. If the winner cannot be contacted, does not respond within three (3) days from the date the Sponsor first tries to notify him/her, or the notification is returned as undeliverable, such winner will forfeit all rights to the Promotion prize and an alternate winner may be selected. If four (4) winners have so forfeited their rights to the prize, the Sponsor reserves the right to revoke the prize entirely. Upon contacting a winner and determining that he/she has met all eligibility requirements of a Promotion, including, without limitation, the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the winner of said Promotion (the ” Winner “).

Taxes: All taxes, if any, are the Winner’s sole responsibility and will not be paid by Frankly Coaching. It is the Winner’s responsibility to ensure tax compliance and payment and Frankly Coaching is not responsible for any failure by Winner to pay any applicable taxes.

Ownership: All entry materials become the property of the Sponsor and will not be acknowledged or returned.

No Transferability: No prize or any portion thereof is transferable or redeemable for cash. Any portion of said prize that is not used will be forfeited. Prizes cannot be substituted except by the Sponsor.

Consent & Release: By entering a Promotion, each entrant releases and discharges the Promotion’s Sponsor, Frankly Coaching, the judging organisation (if applicable), and any other party associated with the development or administration of said Promotion, their parent, subsidiary and affiliated entities, and each of their respective officers, directors, members, shareholders, partners, employees, independent contractors, agents, representatives, successors and assigns, from any and all liability whatsoever in connection with the Promotion.

Disclaimers: Entries that are lost, late, misdirected, incorrect, garbled or incompletely received, for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion or incompatibility with a Sponsor’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorised account holder of the email address submitted. The Promotion’s Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Promotion’s landing page. Use of bots or other automated processes to enter Promotions is prohibited and may result in disqualification at the sole discretion of the Promotion’s Sponsor and/or Frankly Coaching.

Applicable Laws & Jurisdiction: This Promotion is subject to all applicable laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of England.

You agree to pay all applicable fees related to your use of this Website and the Platform which are described on our product pages. By providing a payment method, you expressly authorise us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilised services.

10. Client Coaching Services

BY CREATING A SUBSCRIPTION ACCOUNT TO PAY IN INSTALMENTS FOR ANY COACHING SERVICE PROVIDED BY FRANKLY COACHING LTD, YOU CONSENT TO ALLOW FRANKLY COACHING TO CHARGE YOUR CREDIT OR DEBIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELLED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

CANCELLATION

You can cancel your account at any time by contacting Frankly Coaching on help@franklycoaching.com.  You will not be entitled to a refund of any fees that you’ve paid.

Frankly Coaching or our billing processors collect your billing information when you subscribe to this service. All of this registration information is protected in accordance with our privacy policy.

11. Image and Video

Frankly Coaching may send or display images, audio, and video (the “Material”) from time to time. The types of Material Users are authorised to access on the Site includes Material commissioned by Frankly Coaching, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.

12. Accuracy of Information

While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. Frankly Coaching does not make any warranty as to the correctness or reliability of the site’s content or any communication we send out to Users.

13. Email Correspondence

Emails sent to any @FranklyCoaching.com email address are considered our property. You can read more about this in our Privacy Policy. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

14. Links

Our Site will occasionally contain links to, and quotation of, Material from other sites. Frankly Coaching is responsible for neither the content nor the privacy practices of other sites. We encourage our users to be aware when they leave Frankly Coaching’s Site, and to read the privacy statements of any website that may collect personally identifiable information.

15. Information Security

No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. Frankly Coaching has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorised access to, use, or disclosure of user information.

16. Disclaimer and Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT, PRODUCTS AND/OR SERVICE ON THE SITE OR ELSEWHERE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, FRANKLY COACHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRANKLY COACHING DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, FRANKLY COACHING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SITE, TEXT MESSAGES, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY US OR OUR VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.

FRANKLY COACHING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S) BY FRANKLY COACHING OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF FRANKLY COACHING) IS AUTHORISED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING FRANKLY COACHING’S SITE AND SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.

IN NO EVENT SHALL FRANKLY COACHING OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRANKLY COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST FRANKLY COACHING FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF FRANKLY COACHING IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, FRANKLY COACHING’S LIABILITY SHALL NOT EXCEED £100.00 IN THE AGGREGATE.

17. Termination

These Terms of Service are effective unless and until terminated by either you or Frankly Coaching. You may terminate these Terms of Service as they apply to you at any time by ceasing to use the Site or services. Frankly Coaching may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Site or services, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.

18. Governing Law and Jurisdiction

These Terms of Service shall be construed in accordance with the laws of England and are governed by English law and you submit to the exclusive jurisdiction of the English courts., without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the courts of England. Frankly Coaching’s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in this these Terms of Service is in derogation of Frankly Coaching’s right to comply with law enforcement requests or requirements.

19. Entire Agreement

These Terms of Service (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Site, and any other terms that may appear on the Site from time-to-time) contain the entire understanding and agreement between you and Frankly Coaching with respect to your use and access of this Site, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. No representation, statement or inducement, whether oral or written, not contained in these Terms of Service (and any other terms that may appear on the Site from time-to-time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Frankly Coaching. No other representative has any authority to waive, alter, vary or add to these Terms of Service. Before using this Site please read through all referenced documents carefully.

20. Changes to our Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration above will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

21. Notice of Changes and Use of Terms of Service

We may provide notice to you relating to the Site and/or these Terms of Service by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of English export laws and regulations. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.

Last modified: 15/07/19

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