TERMS & CONDITIONS
Welcome to the website of Frankly Coaching Ltd. (“Frankly Coaching”, “we”, “us”). Frankly Coaching’s site and Coach&GO subscription provides a motivational and empowering text messaging service (the “Texts”) and Life Coaching content for Users who register accounts through the Site (hereinafter the Texts and Site may be collectively referred to as the “Service”). The Service requires that Users have a valid mobile phone number and carrier contract allowing the receipt of text messages for as long as Users choose to subscribe to and use the Service.
The Service is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Frankly Coaching and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
The Service and its Content are intended solely for personal and non-commercial use by you. Any use of the Service or its Content other than for personal and non-commercial purposes is strictly prohibited.
3. What We Own.
Unless otherwise noted, all material and services available on the Site and all material and services provided by or through the Service, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Content”) are the intellectual property of Frankly Coaching, our licensors, and our contributors. The Content is protected by English Law. copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All Frankly Coaching trademarks and service marks, logos, slogans and taglines are the property of Frankly Coaching. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Frankly Coaching without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
4. Our License to You.
Subject to this Agreement, Frankly Coaching hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Service through a user identification reference provided by Frankly Coaching (“User ID”) to the extent, and only to the extent, necessary to access and use our Service in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Service or otherwise distribute in any way the components of the Service other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service, create derivative works based on or in any manner commercially exploit the Service, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Service for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
5. Use of the Service.
We reserve the right to withdraw or amend this Site and any Service or material we provide, including the text messaging content services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, to users, including registered users.
Purchasers of our Coach &GO service will need to pay for a monthly* or annual subscription prior to unlocking the content. All sales are final, and we do not offer refunds for our audio content subscription. *Not available as of 05/08/18
If you choose, or are provided with, a user name, 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 other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password, mobile phone number, or other security information. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In order to unsubscribe from the Service, Users must text STOP to 88802 or email Frankly Coaching at email@example.com.
6. Reliance on the Information Sent.
The information sent via Frankly Coaching’s Service, or presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, usefulness, or safety of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE CONTENTS OF THE SERVICE.
7. Content You Provide to Us.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other Content uploaded, posted or stored in connection with your use of the Frankly Coaching Service. Frankly Coaching is not responsible for your Content. You hereby grant Frankly Coaching a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Service, and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your Content regularly and frequently.
8. Geographic Restrictions
The owner of the Service is based in the city of London in the United Kingdom. We make no claims that the Site, Coach &GO Service, or any of its content is accessible or appropriate outside of the United Kingdom. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws and mobile phone service provider rates and terms of service.
9. Purchasing from our site
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.
10. 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 on the site. Disputes may contact firstname.lastname@example.org.
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.
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.
12. Coach &GO Subscription- Additional information. All information in this entire document relate to all services and products provided by Frankly Coaching.
When you create an account, we collect registration-related information such as name, address, e-mail and phone number. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.
Subscription period and subscription fees
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.
The subscription period for Paid Accounts can be yearly, or another duration described more fully on our product pages or agree in writing with us directly. For Free Accounts, the subscription period is month-to-month unless earlier terminated as provided in these Terms.
Paid Accounts are subject to fees based upon the account type you’ve selected. For renewals, Frankly Coaching will automatically charge your credit or debit card the amount of the then-current fee for your type of account, plus applicable taxes and fees. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Frankly Coaching will have no liability to you arising out of the acts or omissions of such third parties.
BY CREATING A PAID ACCOUNT, 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.
Paid Accounts will automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. You can cancel your account at any time by contacting Frankly Coaching on email@example.com. Cancellation will be effective immediately on all plans. A month’s written notice is required for Monthly Plans. Please note that after you cancel your account, you will not be able to use or access the Platform and you will not be entitled to a refund of any fees that you’ve paid.
13. 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.
14. 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 text messages we send out to Users.
15. Email Correspondence.
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.
17. 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.
18. 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.
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. Frankly Coaching may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Site, 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.
20. 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.
22. Entire Agreement.
24. 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.
25. 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: 05/08/18