Membership Terms & Conditions
1.2. Please read these Terms and Conditions carefully before applying to join and placing your order. By placing your order to join the Membership you are agreeing to be bound by these Terms and Conditions. Should you not wish to be bound by these Terms and Conditions then you should not proceed with any order or attempt to join the Membership.
1.3. Our Agreement commences when we provide you purchase access to the Membership and shall continue until it is terminated in accordance with these Terms and Conditions.
2. Definition and Interpretation
2.1. For the purposes of these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Intellectual Property means any copyright, database right, design right, patent, registered design, service mark, trademark and any application for any of the above whether current or pending and whether in the UK or any other part of the world.
Member means the person accessing the Membership and paying the Membership Fee;
Membership Fee means the amount payable in advance by the Member which entitles them to access the Membership;
Membership Period means the time period which begins the day after the Membership Fee is paid and continues on a rolling monthly basis;
Membership Services · means any or all of the services provided as part of the Bizology® Magic Circle Membership including, but not limited to, hosting of the Membership Facebook Group, monthly group zoom call, access to files and other related resources and live videos
Membership Area means the private group or area located at Facebook group link – https://www.facebook.com/groups/bizologymagiccircle.
Personal Data means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
3. The Bizology® Magic Circle Services
3.1. Access to the Membership Area and all of the Membership Services is online only and no alternative will be provided.
3.2. The Membership is a business-related service and is designed to be used for business purposes.
3.3. We shall deliver the Membership Services with reasonable care and skill consistent with best practices and standards applicable within our marketplace and when delivering the Membership Services we may engage the services of our employees, contractors and other third-party providers as necessary.
3.4. Any information, support and guidance we provide to you as part of the Membership is not personal to you, unless expressly stated to be, and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.
3.5. You accept and acknowledge that we are not registered health practitioners and that we are unable to provide any advice or undertake any assessment of your health or your physical capabilities.
3.6. It is your responsibility to ensure that you have in place the necessary requirements to allow you to access the Membership Area and use the Membership Services as provided. We shall not be liable to you in the event you are unable to access the Membership Area or any of the Membership Services.
3.7. The Membership Area is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to our Membership Area or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Membership Area or our systems or processes which is caused due to routine or unexpected maintenance.
3.8. When accessing the Membership Area you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.
4. What we expect from you as a Member
4.1. By applying to become a Member you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2. You agree to keep your access to the Membership and any private groups private and not to share, disclose, assign, sell or license any part.
4.3. You accept that when you become a Member that you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness, and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be
liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your Membership.
5. Access to the Membership community
5.1. We want to ensure that everyone accessing the Membership feels safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when accessing the Membership Area and any of our community areas or private groups (“Groups”) and not to act in a manner which may cause offence, distress or alarm to any other individual accessing them.
5.2. When you access the Membership Area or any Groups, you agree:
5.2.1. not to use them for any unlawful purpose;
5.2.2. not to record any part of the Membership Services or capture or share images of any other Member or that include any other Member without that Member’s express permission;
5.2.3. not to share information, whether expressed to be confidential or not, that is shared by another Member;
5.2.4. that access is at your own risk;
5.2.5. not to canvass, promote or advertise your products or services to any of our employees, contractors or Members without our express consent;
5.2.6. that you will not upload, post, transmit or otherwise make available any content that:
a) infringes any copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
b) is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
c) discloses personal and/or confidential or sensitive information about another person;
d) is threatening or causes a Member to feel harassed or in fear; and/or
e) is classed as spam.
5.3. We reserve the right to withdraw your access to the Membership Area and/or the Membership Services and to terminate this Agreement where your conduct is, in our reasonable opinion, offensive, distressing or capable of causing alarm to another Member accessing the Membership Services. Where this Agreement is terminated in these circumstances you will not be entitled to any refund of any Membership Fee already paid.
5.4. If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within the Membership Area or Groups, or during the delivery of any aspect of the Membership you agree to notify us as soon as possible.
6. Access to interactive sessions
6.1. Where, as part of the Membership Services, we offer interactive or live sessions via video link or telephone (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
7. Your purchase of the Membership
7.1. Your application to join and your purchase of the Membership is a contractual offer that we may, at our sole discretion, choose to accept.
7.2. Our confirmation email confirms our acceptance of your application and our legally binding agreement.
7.3. When you purchase access to the Membership your access will be provided to you immediately and you acknowledge and agree that by gaining immediate access you will lose your legal right to change your mind and cancel this Membership except in accordance with these Terms and Conditions.
7.4. In the event we are unable to fulfil your application we will notify you by email and provide a full refund of any Membership Fee paid.
7.5. We shall make every effort to deliver the Membership Services in accordance with the details as set out within these Terms and Conditions, we reserve the right to amend, revise or make changes to the Membership or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Membership still matches the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes to the Membership which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Membership.
8. Fees and Charges
8.1. The Fee for access to the Membership is as set out on the ThriveCart page at the time you apply to join the membership.
8.2. All payments to be made to us shall be made in GBP and are exclusive of VAT and any other taxes which may apply.
8.3. Payment can be made by PayPal via ThriveCart.
8.4. Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and we must receive cleared payment before you are entitled to access the Services.
8.5. Where you wish to make payment of the Membership Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Membership Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Membership then you agree to be responsible for payment of the Membership Fee within 7 days from access to the Membership being provided.
8.6. At the end of your Membership Period, unless further payment of the Membership Fee is made, your Membership including access to the Membership Site and any Membership Services will be terminated.
8.7. We reserve the right to vary the amount of the Membership Fee at any time by providing you with 30 days’ notice in writing.
9. Refund Policy
9.1. No refund policy shall apply to your purchase of the Membership.
9.2. It will be your responsibility to contact PayPal to cancel your Membership Fee payment.
9.3. You accept and understand that in light of the no refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. Should you have any concerns with the Membership then you agree to raise your concerns with us in accordance with the terms of this Agreement. In the event you choose to pursue a chargeback claim without first contacting us, then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of £125 per hour.
10. Cancellation and Termination
10.1. You shall have the right to cancel your Membership at any time by providing us with a notice in writing by email to firstname.lastname@example.org. To avoid further Membership Fees being paid it shall be your responsibility to cancel your payment subscription for the Membership Fee directly with PayPal. You are advised to check Paypal’s Terms and Conditions for any relevant time deadlines that may apply to payments that you make to us via Paypal. We shall not be liable to refund any Membership Fee where you have failed to contact Paypal in good time to avoid the Membership Fee being paid.
10.2. Your Membership will automatically terminate at the end of your Membership Period if payment of the Membership Fee for the following month is not paid in full.
10.3. Upon cancellation or termination pursuant to these Terms and Conditions all payments in respect of the Membership Fee shall become immediately due and payable.
10.4. For the safety, protection and benefit of other Members, we reserve the right to cancel your access to the Membership and any of the Membership Services at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered at our absolute discretion.
10.5. We reserve our rights to terminate your access to the Membership Services, with immediate effect, if you:
10.5.1. If you commit a material breach of your obligations under these Terms and Conditions; or
10.5.2. If you fail to provide payment of any amount due in respect of the Membership Fee as and when it becomes due; or
10.5.3. If you as an individual sole trader:
a) have a bankruptcy petition presented against you, or you become subject to a bankruptcy order, or you become bankrupt; or
b) enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or
10.5.4. If you as a corporate entity:
a) have a resolution or court order made for your liquidation or winding up; or
b) have an administrator or receiver appointed over your business; or
10.5.5. If you cease or threaten to cease trading; or
10.5.6. where we consider, in our reasonable opinion, that you are acting in a manner which may bring us, our employees, agents or other Members into disrepute or damage our goodwill or reputation; or
10.5.7. any of the circumstances arise as set out in clause 10.6.
10.6. We shall be entitled to limit the Membership Services or suspend, and/or terminate the arrangement without refund of any Membership Fee, whether paid or remaining due and payable, if we reasonably determine that you:
10.6.1. are becoming disengaged, disruptive or if you impair the provision of the Membership Services or the enjoyment of the Membership Services by any other Member. For the purposes of these Terms and Conditions the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Membership Services, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or
10.6.2. are failing to follow or abide by any of these Terms and Conditions or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
10.7. Upon termination of this arrangement for any reason:
10.7.1. all clauses which either expressly or by their nature relate to the period after the delivery of the Services or expiry or termination of the same shall remain in full force and effect; and
10.7.2. your access to the Membership Area, any Groups and any resources available as part of the Membership will be removed; and
10.7.3. you shall cease to use, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain a record of any Confidential information.
11. Complaints or Concerns
11.1. In the event you have any concerns as to any aspect of our delivery of the Membership you agree to notify us of such concerns by email to email@example.com as soon as possible and allow us reasonable time to investigate your concerns and resolve them before you take any further action. For the purposes of this clause further action includes stopping payment of the Membership Fee or making any chargeback or similar claim
12.1. In these Terms, Confidential Information means ideas, know-how, business related information, personal information and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.
12.2. We want to create a safe and secure space for everyone accessing the Membership and any Groups and so the protection of confidentiality is very important to us. When you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
12.3. Where we disclose Confidential Information to you, or where it is disclosed by another Member or individual accessing our Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not share it or use it in any way other than in discussions as part of your use of the Services.
12.4. As part of the Membership Services we may provide you with materials, information, resources, data and other content (“Content”). By becoming a Member, you agree and accept that all such Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your Membership, and should not be copied, disclosed, or used for any commercial reasons without our express consent.
12.5. Our obligations shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where we reasonably believe you are at risk of danger to yourself or others.
13. Intellectual Property
13.1. We take the protection of our Intellectual Property rights in relation to our Content and our Membership very seriously.
13.2. When you purchase access to the Membership, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use any Content we provide to you solely for the purposes as intended by these Terms. All other uses are strictly
prohibited. Your licence will automatically terminate upon termination of your Membership or non-payment of your Membership Fee.
13.3. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it. We shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
13.4. When you purchase and access the Membership you agree and undertake that from the date of purchase that you WILL NOT:
13.4.1. copy, reproduce, sell, licence, share or distribute any of our Content, whether during the period of provision of the Membership, or at any time thereafter;
13.4.2. infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights or any such rights belonging to another Member or individual accessing the Membership Services.
13.5. In the event of your breach of your obligations relating to our Intellectual Property then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.
13.6. The provisions above shall continue in force notwithstanding termination for any reason.
14. Your Personal Data and how we use it
14.1. Personal data in these Terms and Conditions means any information which is capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
14.2. Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Membership, and shall retain it only for as long as reasonably necessary to allow completion and delivery of our obligations and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.JoSoley.com.
14.3. As part of the delivery of the Services your image may be recorded in photographs, images or screenshots by us or other individuals accessing the Services and shared on social media. By purchasing our Services and agreeing to these Terms and Conditions you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at firstname.lastname@example.org.
15. Reviews and Testimonials
15.1. If you share testimonials, reviews, comments, information, graphics or images (“Member Content”) with us you are granting to us, free of charge, permission to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, that Member Content in any way as we
reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.
15.2. When sharing Member Content you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.
15.3. Where you provide us with a testimonial, review or similar information (“Review”) then in doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require lawfully to promote our business. You can amend your consent at any time by emailing us.
15.4. These provisions shall survive termination.
16.1. Your purchase of the Membership and your compliance with these Terms and Conditions does not constitute or imply any business relationship other than as set out within these Terms and Conditions.
16.2. We have made every effort to accurately present the Membership Services provided as part of the Membership. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Membership Services provided.
16.3. We do not warrant or guarantee that your access to the Membership will be:
16.3.1. accessible via your particular hardware or software; or
16.3.2. free from interruptions or errors; or
16.3.3. free from defects; or
16.3.4. suitable for your particular business situation or circumstances.
16.4. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
16.4.1. any indirect, consequential or special damages, losses or costs;
16.4.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
16.4.3. any failure to deliver the Membership Services where we are prevented due to a reason behind our reasonable control; or
16.4.4. any losses arising from your choices of Membership Service requested or your use of the Membership Services once delivered.
16.5. In the event damages are incurred by you as a result of our default or breach of these Terms and Conditions, our entire liability is limited to the amount of the Membership Fee paid by
you as at the time the loss is sustained. You agree and acknowledge that this clause 16.5 is fair and reasonable given the nature of these Terms and Conditions and the provision of the Membership Services.
16.6. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
16.7. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
16.7.1. any of these Terms and Conditions; and/or
16.7.2. your participation in any way in the Membership.
16.8. During the term of your Membership and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
16.9. In the event a dispute arises in connection with these Terms and Conditions and the provision of the Membership Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.
17. Contact between us
17.1. The Membership is a service provided and delivered by Jo Soley t/as Bizology ®. Our registered business address is 23A Carleton Rise, Welwyn, Herts, Al6 9RP.
17.2. All communication between us will be via electronic means. We shall contact you using the email address that you provide to us and it shall be your responsibility to contact us if that changes. Where we need to provide you with information, we shall do this via email or by posting information on our Website. You can contact us using the details set out below.
17.3. If you need to contact us or provide us with any notice, please email us at email@example.com.
17.4. We will use our reasonable efforts to respond to all comments, messages and any other contacts within 48 hours of receipt.
18.1. No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.
18.2. Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
18.3. We will make every effort to deliver the Membership Services in accordance with these Terms but we’ll not be
our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time for delivery of the Membership Services shall be extended until a reasonable time after the Event and under no circumstances will we be liable for any loss or damage suffered by you as a result.
18.4. If an Event arises, we will email you to confirm the nature and extent of the Event and any steps we are taking to mitigate its impact and effect.
18.5. If the Event continues for longer than 6 months then either one of us shall be entitled to terminate by providing 14 days’ notice. Termination in these circumstances shall be without prejudice to the rights of either party in respect of any breach of these Terms and Conditions occurring prior to termination. Any refunds will be considered at our discretion.
18.6. These Terms and Conditions shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
18.7. You agree that no other representations have been made by us to induce you into purchasing the Membership and no modification or variation to these Terms and Conditions shall be effective unless in writing and signed by us both.
18.8. Save as provided for in clause 16.8 the Contracts (Rights of Third Parties) Act 1999 shall not apply.