1. INTERPRETATION
In these Terms and Conditions, the following definitions apply:
Pure Life Mastery: a company with its registered office located at Wiltshire
West LLC, PO Box 4743, Frankfort, KY. 40604
Pure Life Mastery Product or Services (collectively referred to as ‘the
Products and/or Services): the products and services offered by Pure
Life Mastery.
Client: The person or company purchasing the Products and/or
Services from Pure Life Mastery.
Commencement Date: the date that Pure Life Mastery commences provision of the
Products and/or Services to the Client.
Conditions: terms and conditions as amended from time to time in
accordance with clause 14.
Contract: the contract between Pure Life Mastery and the Client for
the supply of Products and/or Services comprising of the Order and these
Conditions.
Fees: the fees payable by the Client for the supply of the Products
and/or Services in accordance with clause 4.
Order: the Client’s order for the Products and/or Services (and any
subsequent ongoing Products and/or Services) as set out in the Order Form.
Order Form: Pure Life Mastery’s form which can be completed online,
over the phone, or in person, which sets out the Fees and which incorporates
these Terms and Conditions.
Service: the provision of and grant of access to the Pure Life
Mastery Products and/or Services.
Privacy Policy means the policy (as updated from time to time)
which can be found on the Pure Life Mastery Website at
www.clientsonautomation.com/privacy_policy identifying certain respective
rights and obligations in respect of the personal data and privacy under the
Contract.
Authorized Affiliates means, in respect of the Products and/or
Services, the Affiliates of the Client (if any) in respect of those Products
and/or Services.
Authorized Users means, in respect of the Products and/or Services,
the users authorized by the Client to use those Products and/or Services in
accordance with the Contract.
Client Data means all data (in any form) that is provided to Pure
Life Mastery or uploaded or hosted on any part of any Products and/or Services
by the Client or by an Authorized User.
Client Systems means all software and systems used by or on behalf
of the Client, the Authorized Affiliates, any of its or their direct or
indirect sub-contractors, or any Authorized User in connection with the
provision or receipt any of the Products and/or Services or that the Products
and/or Services otherwise link, inter-operate or interface with or utilize (in
each case whether directly or indirectly).
Protected Data means the information and data referred to in the
Privacy Policy.
Services has the meaning of the software platform Pure Life Mastery
provides to enable the Client to market to their customers and the database
that the Client uses to store their customers details within.
2. BASICS OF CONTRACT
2.1. The Contract constitutes the entire agreement between
the parties. The Client acknowledges that it has not relied on any statement,
promise or representation made or given by or on behalf of Pure Life Mastery
which is not set out in the Contract. These Conditions apply to the Contract to
the exclusion of any other terms that the Client seeks to impose or incorporate,
or which are implied by trade, custom, practice or course of dealing.
2.2. Any sample materials, descriptive matter or advertising
issued by Pure Life Mastery, and any descriptions of illustrations contained in
Pure Life Mastery’s website or brochures, are issued or published for the sole
purpose of giving an approximate idea of the Products and/or Services as
offered by Pure Life Mastery. They will not form part of the Contract or have
any contractual force. Pure Life Mastery is under a legal duty to supply goods
that are in conformity with the Contract.
2.3. Pure Life Mastery has the right to make any changes or
alterations to the nature, scope and content of the Products and/or Services,
without notice to the Client, at any time, provided these do not affect the
nature of the Products and/or Services.
2.4. Pure Life Mastery will supply the Products and/or
Services to the Client and Pure Life Mastery warrants to the Client that such
Products and/or Services have been prepared using reasonable care and skill. Pure
Life Mastery provides no guarantee that the Products and/or Services will
provide any results for the Client.
2.5. Pure Life Mastery will use reasonable endeavors to meet
any dates in relation to supporting the Products and/or Services (including but
not limited to dates for the Client to attend calls) but any such dates will be
provisional only and may be subject to change at the discretion of Pure Life
Mastery, with no liability attaching to Pure Life Mastery in respect of such
changes.
2.6. Pure Life Mastery will have the right to make any
changes to the support of the Products and/or Services which do not affect
their nature or quality (including but not limited to: trainers and teachers,
call lengths, session lengths, session frequency, session type, session
location, training type, training location, venue location, coach allocated,
Facebook group access and content, Systeme.io, Forento.com access and content).
2.7. The Client shall (and shall ensure all Authorized
Affiliates and Authorized Users shall) at all times comply with all applicable
laws relating to the use or receipt of the Products and/or Services, including
laws relating to privacy, data protection and use of systems and
communications.
3. CLIENT’S OBLIGATIONS
3.1. The Client will: (a) ensure that all information given
by the Client to Pure Life Mastery is complete and accurate; (b) co-operate
with Pure Life Mastery in all matters relating to the Products and/or Services;
(c) pay the Fees strictly in accordance with the payment schedule set out in
the Order or as otherwise confirmed in writing or over the phone by Pure Life
Mastery; (d) not use the Products and/or Services or any content, data or
information derived from the Client’s use of the Products and/or Services for
any purpose other than that which has been expressly authorized under the
Contract; (e) not use the Products and/or Services for any unlawful purpose;
and (f) permit Pure Life Mastery to include information of video footage on its
website highlighting any benefits which the Client or Client’s business has
obtained from the Products and/or Services and in this regard, the Client
hereby grants to Pure Life Mastery a royalty-free, non-exclusive perpetual license
to use any intellectual property rights of the Client for this purpose.
3.2. The Client, for itself and as trustee for any of its
directors, employees, agents, Authorized Affiliates, Authorized Users or
similar, undertakes to observe the obligations set out in clauses 3.1 to 3.7
(inclusive) and shall fully indemnify Pure Life Mastery from and against all
loss, damage, costs and claims arising from its failure to adhere to those
provisions or otherwise to fulfil its obligations under the Contract.
3.3. Transmission of storage of any information, data or
material in violation of any law is prohibited. This includes, but is not
limited to, copyrighted material, material legally judged to be threatening or
obscene, or material protected by trade secret and other statute. The Client
agrees to indemnify, and hold harmless, Pure Life Mastery from any claims
resulting from the use of the Products and/or Services which damages the Client
or any other parties.
3.4. Spamming, or the sending of unsolicited emails, using an
email address or URL that is maintained on a Pure Life Mastery machine, or
directing traffic to a webpage that contains any reference to Pure Life Mastery
is STRICTLY prohibited. Pure Life Mastery will be the sole arbiter as to what
constitutes a violation of this provision. This action will result in immediate
termination of the Products and/or Services without any refund to the Client
and could be subject to legal action by Pure Life Mastery against the Client.
Any service interruptions as a result of Client’s spamming will be billed to
the Client at £20.00 per hour until service is restored.
3.5. Importing or in any way using purchased leads with a Pure
Life Mastery account is strictly prohibited. If the Client has paid money, or
in any way purchased a group of pre-existing leads, these may not be used with Pure
Life Mastery. Only people that have specifically requested information directly
from the Client may be emailed through Pure Life Mastery.
3.6. The Client is prohibited from transmitting on or through
any of Pure Life Mastery’s platforms or servers, including but not limited to
social media platforms, any material that is (in Pure Life Mastery’s sole
discretion) unlawful, obscene, threatening, disruptive, abusive, libelous,
hateful, that encourages conduct which could constitute a criminal offence,
that gives rise to civil liability, that otherwise violates any national or
international law, or that involves the transmission of any pornographic or
sex-related merchandise or data.
3.7. The Client shall (and shall ensure all Authorized
Affiliates, Authorized Users or similar shall) at all times comply with all
applicable laws relating to the use or receipt of the Products and/or Services,
including laws relating to privacy, data protection and use of systems and
communications.
4. FEES AND PAYMENT
4.1. The Fees for the Products and/or Services are detailed
in the Order or any agreement made in writing or over the phone between Clients
On Automation and the Client.
4.2. The Fees will be paid in full in accordance with the
Order, written confirmation from Pure Life Mastery, or any agreement made over
the phone or with a finance company in accordance with payment for the Products
and/or Services.
4.3. All payments due to Pure Life Mastery under the Contract
shall be made in full without any deduction or any withholding. The Client will
not be entitled to assert any credit, set off or counterclaim against Pure Life
Mastery against any sum(s) owed.
4.4. In relation to payment by installments or a payment
plan, payment shall be made monthly on the same calendar day as the date of the
Order or as otherwise agreed in writing or over the phone between Pure Life
Mastery and the Client.
4.5. The Fees will remain payable by the Client
notwithstanding any decision to cease using the Products and/or Services and
even if the Client does not complete, access, attend or use the entire Products
and/or Services.
4.6. Pure Life Mastery shall be entitled to continue
processing payments for any monies outstanding using any of the Client’s debit
or credit card details previously confirmed to Pure Life Mastery.
4.7. In the event of any payment due to Pure Life Mastery
becoming overdue and unpaid for more than 20 (twenty) days, Pure Life Mastery
may, at its discretion, suspend or withdraw the provision of the Products
and/or Services, without prejudice to any of its other rights as to
termination.
4.8.
Save as to the cooling off period set out at clause 5, the Contract is
non-cancellable and payment will be due by the Client regardless of whether the
Products and/or Services are used.
4.9. The Client acknowledges that they have signed or agreed
to the Order through their own choice without coercion or any lawful tactics
from Pure Life Mastery and are fully responsible for their own decisions.
4.10. Pure Life Mastery reserves the right to instruct third
party legal representation should the Client fail to make payment in accordance
with these Conditions.
5. COOLING OFF AND RIGHT TO CANCEL
5.1. The Client has a limited period, referred to as ‘cooling
off period’, in which they may change their mind and cancel their contract with
Pure Life Mastery.
5.2. The cooling off period will begin from the date of the
Order and continue for up to 15 days.
5.3. The Client must give written notice of their
cancellation to Pure Life Mastery within the 15-day cooling off period.
5.4. The Client must supply written notice of the request to
cancel by email to info@purelifemastery.com
5.5. If the Client exercises their right to cancel, the
Product and/or Services will be terminated.
5.6.
If the Client does not request a refund within the cooling-off period, the
Client is required to complete all remaining payments.
5.7
Pure Life Mastery reserves the right to consider refunds outside of the
rescission period. If a client has questions about the agreement outside of the
rescission period, they should submit her comments to info@purelifemastery.com. The Client
agrees not to request, advise, file a claim, or seek Client’s bank or credit
card company for a chargeback for consideration paid under this Agreement. The
Client agrees that any disputes that the Client may have with respect to
consideration paid hereunder must be addressed directly between the Client and Pure
Life Mastery. If a chargeback occurs, the Client shall have materially breached
the Terms and Conditions and shall forfeit all remaining services that have not
yet been performed under the Terms and Conditions. Pure Life Mastery shall have
no further obligation to the Client. Further, the amount of the chargeback
shall be subject to a finance charge in the amount of one and one-half percent
(1 1⁄2%) per month until paid in full by the Client. Further, Pure Life Mastery
shall be entitled to recover from the Client all damages, and reasonable and
necessary legal fees, and costs associated with pursuing collection and/or
recovery of the amount of the chargeback.
6. Limitation of Liability
6.1. Neither party shall be in breach of this Contract nor
liable for delay in performing, or failure to perform, any of its obligations
under this Contract if such delay or failure result from events, circumstances
or causes beyond its reasonable control including but not limited to acts of
God; flood; drought; earthquake or other natural disaster; epidemic or
pandemic; terrorist attack; civil war; civil commotion or riots; war; threat of
or preparation for war; armed conflict; imposition of sanctions; embargo; the
breaking off of diplomatic relations; nuclear, chemical or biological
contamination or sonic boom; any law or any action taken by a government or
public authority, including without limitation imposing an export or import
restriction, quota or prohibition; collapse of buildings, fire, explosion or
accident; any labor or trade dispute, strikes, industrial action or lockouts;
and non-performance by suppliers or subcontractors. In such circumstances the
time for performance shall be extended by a period equivalent to the period
during which performance of the obligation has been delayed or failed to be
performed. If the period of delay or non-performance continues for 6 months,
the party not affected may terminate this agreement by giving 14 days’ written
notice to the affected party.
6.2. Pure Life Mastery will, under no circumstances, be
liable to the Client (whether in contract, tort (including negligence), breach
of statutory duty, or otherwise), for any indirect or consequential loss,
special damages, or any costs or losses attributable to loss of profits or
opportunities arising from or in connection with the subject matter of the
Contract.
6.3. The maximum amount of damages payable by Pure Life
Mastery to the Client in respect of any and all liability (apart from that
mentioned above), including liability arising from negligence, under or in
connection with the Contract shall not exceed the amount paid by, or on behalf
of, the Client to Pure Life Mastery for the preceding calendar month or
calculated based on 1/12th of the Fees in the preceding 12 months.
7. NON-COMPETE
The Client undertakes not to compete or seek to compete, either directly or
indirectly or in any other capacity whatsoever, with the business of Pure Life
Mastery or in the provision of products or services directly competitive with
any aspect or part of the Products and/or Services, resulting in actual or
anticipated loss to Pure Life Mastery, to include as to its
reputation.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All intellectual property rights in, arising out of, or
in connection with, the Products and/or Services will be owned by Pure Life
Mastery. Pure Life Mastery grants the Client a revocable, non-exclusive
royalty-free license to use such rights only to the extent necessary to allow
the Client to benefit from the Products and/or Services but not further or
otherwise and no other rights or licenses are granted. Any such rights arising
from the Client’s use of the Products and/or Services shall accrue to Pure Life
Mastery and the Client shall be deemed to have assigned any such rights to Pure
Life Mastery, with Pure Life Mastery authorized to act as its agent to execute
any such transfer or other documents giving effect to the same.
8.2. The Client, Authorized Users and Authorized Affiliates
may be able to store or transmit Client Data using the Products and/or Services
and the Products and/or Services may interact with Client Systems. The Client
hereby grants a royalty-free, non-transferable, non-exclusive license for the
Client (and each of its direct and indirect sub-contractors) to use, copy and
other otherwise utilize the Client Data and Customer Systems to the extent
necessary to perform or provide the Products and/or Services or to exercise or
perform Pure Life Mastery’s right, remedies and obligation under the Contact.
9. DATA AND INFORMATION
9.1. Protected Data shall, at all material times, remain the
property of the Client or its licensor.
9.2. Except to the extent Pure Life Mastery has direct
obligations under data protection and other applicable laws, the Client
acknowledges that Pure Life Mastery has no control over Protected Data hosted
as part of the provision of the Products and/or Services and may not actively
monitor or have access to the content of Protected Data. The Client shall
ensure (and is exclusively responsible for) the accuracy, quality, integrity
and legality of Protected Data and non-personal data and that its use
(including use in connection with the Products and/or Services) complies with
all applicable laws.
9.3. If Pure Life Mastery becomes aware of any allegation
that Protected Data or non-personal data may not comply with the Contract, Pure
Life Mastery shall have the right to permanently delete or otherwise remove or
suspend access to any Protected Data or non-personal data which is suspected of
being in breach and/or disclose Protected Data or non-personal data to law
enforcement authorities (in each case without the need to consult the Client).
Where reasonably practicable and lawful, Pure Life Mastery shall notify the
Client before taking such action.
9.4. Pure Life Mastery shall have the right to suspend the
Products and/or Services at any time, and for any reason, without notice. The
Client accepts and acknowledges that the Products and/or Services can be
withdrawn or may be unavailable due to technical and other issues, or as a
result of updates, maintenance or similar circumstances. If such a suspension
or withdrawal is to last more than 30 days, the Client will be notified as to
the reason.
10. CONFIDENTIALITY AND SECURITY OF DATA
10.1. Pure Life Mastery shall maintain the confidentiality of
Protected Data and shall not, without the prior written consent of the Client,
and in accordance with the Contract, disclose Protected Data other than as
necessary for the performance of the Products and/or Services, the express
rights and obligations under the Contract, or as required by law.
10.2. Pure Life Mastery will disclose Protected Data only to
those of its officers, employees, agents, contractors and direct and indirect
sub-contractors to whom, and to the extent to which, such disclosure is
necessary for the purposes contemplated under the Contract or as otherwise
reasonably necessary for the provision or receipt of the Products and/or
Services.
10.3. In order to promote and respect the confidentiality of
all clients and intellectual property the Client understands that the Products
and/or Services, now and in the future, are limited to people who have
registered in the respective training. In consideration of, and as a condition
for permitting the Client to participate in the Products and/or Services, the
Client agrees to not publish, broadcast, disclose, communicate to the public,
or assist another to do the same in respect of, the identity, likeness or
actual or paraphrased comments of anyone who participates, leads, assists or is
otherwise involved in the Products and/or Services.
11. WARRANTIES
Pure Life Mastery gives no warranties of any kind, whether express or implied,
for the Products and/or Services it provides under the Contract. Pure Life
Mastery also disclaims any warranty of merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays,
non-deliveries, mis-deliveries, or interruptions to the Products and/or
Services caused by Pure Life Mastery’s negligence or the Client’s errors or
omissions. Use of any information obtained via Pure Life Mastery is at the
Client’s own risk. Pure Life Mastery makes no warranty, whether express or
implied, as to the accuracy of quality of information obtained through its
Products and/or Services.
12. ASSIGNMENT AND SUB-CONTRACTING
The Client will not, without the prior written consent of Pure Life Mastery,
assign, transfer, charge, sub-contract or deal in any other manner with all or
any of its rights or obligations under the Contract. For the avoidance of
doubt, the Client will not share the Products and/or Services or any content,
data or information derived from the Client’s use of the Products and/or
Services with any third party without the prior written consent of Pure Life
Mastery, which may be withheld.
13. WAIVER
A waiver of any right under the Contract is only effective if it is in writing
and will not be deemed to be a waiver of any subsequent breach or default.
14. VARIATION
Except as set out in these Conditions, any variation including the introduction
of any additional terms and conditions, to the Contract will only be binding
when agreed in writing between the Pure Life Mastery and the Client.
15. APPLICABLE LAW
15.1. Any dispute of legal issue arising from the Conditions
will be determined by the law of England and Wales and considered exclusively
by the English and Welsh Courts.
15.2. Each of the paragraphs referred to in the Conditions
shall be severable and distinct from one another and, if at any time, more and
more of such provisions become invalid, illegal or enforceable, the validity,
legality and enforceability of the terminating paragraphs shall not in any way
be affected or impaired by this.
16. CLIENT CONFIDENTIALITY AGREEMENT
16.1. The Products and/or Services are limited to people who
have registered for the Products and/or Services.
16.2. The Client will not publish, broadcast, disclose,
communicate to the public, or assist another to do the same in respect of, the
identity, likeness or actual or paraphrased comments of anyone who
participates, leads, assists, or is otherwise involved in the Products and/or
Services.
16.3. The Client recognizes that any breach of
confidentiality may cause Pure Life Mastery and/or other clients irreparable
and substantial harm even though it may be impossible to ascertain the full
monetary extent of their financial loss.
16.4. Nothing in this Contract is intended to limit the
Client from sharing their experience of the Products and/or Services with
anyone.
16.5. Nothing in this Contract is intended to limit Pure Life
Mastery from sharing results and any testimonials (written or by video) in
relation to the Products and/or Services, for any reason (including to promote
the business of Pure Life Mastery) with anyone by any means.
17. COMPLAINTS
17.1. Pure Life Mastery is committed to providing high
quality Products and/or Services.
17.2. Pure Life Mastery has a written complaints procedure in
place to ensure that all complaints are handled fairly and promptly. A copy of Pure
Life Mastery’s complaints procedure can be obtained upon request.
18. GENERAL
18.1. Pure Life Mastery reserves the right to alter or cancel
published dates and change venues without any liability whatsoever.
18.2. Pure Life Mastery reserves the right to make changes to
the programs, services, products, speakers, or venue should that be necessary.
18.3. From the date the contract commences, any behavior
displayed by the Client that Pure Life Mastery deems as disruptive,
disrespectful, threatening, abusive or untenable in anyway (to the sole
discretion of Pure Life Mastery), either in person, via email, via social media
or any other forms of means of communication, either directed at Pure Life
Mastery, Pure Life Mastery’s other clients, Pure Life Mastery team members or
associates, may result in the Client being denied access to all aspects of the
Products and/or Services, including but not limited to online support, Facebook
groups, Skool groups, live events or coaching calls. All remaining fees would remain
payable and any monies for the Products and/or Services will be non-refundable.
18.4.
The Client agrees that Pure Life Mastery has not made any promise, guarantee,
or other representation with respect to the Client’s future incomes or gains
resulting from the provision of the Product and/or Service, and that the Client
has not been induced to enter the Contract as a result of any alleged promise,
guarantee or representation.
18.5. Pure
Life Mastery 100% guarantee for the Client that our method will work if the
Client implements everything the way we lay it out for them. If the Client has
followed our system and implemented everything the way we lay it out,
completing their Business Update form every week so we can support the Client’s
progress, and the Client can’t get prospective clients coming to them then Pure
Life Mastery will continue to work with the Client until they do.
18.6. These Conditions supersede any previous arrangement
with your concerning their subject matter.