General Terms and Conditions

1. Introduction

1.1 These Terms and Conditions (“Terms”) along with our privacy notice, available at www.randilee.net (the “Website”) confirm the basis on which we provide our Services to you. By purchasing our Services you are agreeing to be bound by them.

1.2 In accordance with these Terms, including any Schedules, we agree to provide you with the Services (as defined below) in exchange for payment of the Fee (as defined below).

1.3 This Agreement will begin when we provide you with our confirmation/ welcome email and will continue until the Services or the last Session is delivered, whichever is the earliest, unless terminated earlier in accordance with these Terms or we agree in writing to extend.

1.4 If you purchase a particular product or service then you may be asked to agree to separate Terms and Conditions which are specific to that product or service. Should a dispute or conflict arise, then any separate terms that are agreed will take priority over these general terms and conditions.

2. The Services

2.1 We provide structured and self-paced business coaching and mentoring programs and support (“the Services”) delivered by way of individual sessions (“the Sessions”) or self-study courses. The details of the Service we have agreed to provide to you are as set out on the payment page at the time of purchase.

3. The Sessions

3.1 Where the Service you purchase includes Sessions, these will take place via online meeting facility, as agreed, and you will be responsible for scheduling your Sessions with us.

3.2 You agree to attend your Sessions at the agreed time and place and when you attend to be free from disruptions and ready to focus with any agreed actions completed.

3.3 If you need to cancel and reschedule, you agree to provide at least 48 hours’ notice, otherwise you will forfeit the right to that Session. Any rescheduled Sessions must take place within the same calendar month otherwise you will forfeit the right to that Session. Sessions will not be carried over.

3.4 If we are waiting for you to attend a Session for more than 15 minutes, we reserve the right to treat you as a no show and you will forfeit your right to that Session.

3.5 Where Sessions take place at a third-party venue, you agree to conduct yourself in a responsible manner at all times and accept that you shall be responsible for your conduct and your belongings.

4. Your responsibility to others

4.1 To ensure everyone accessing our Services feels safe and comfortable, we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when accessing any of our public or private groups or channels, Services, including Sessions, and not to act in a manner which may cause offence, distress or alarm to others.

4.2 When you access any of our groups, Services or Sessions, you agree:

4.2.1.  NOT to use your access for any unlawful purpose;

4.2.2.  NOT to record any part, for your personal use or otherwise;

4.2.3.  NOT to capture or share images of any other person or that include any other person without that person’s express permission;

4.2.4.  NOT to upload, post, transmit or otherwise make available content that

a)  is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not;

b)  discloses personal and/or confidential or sensitive information about another person;

c)  is threatening or causes another individual to feel harassed or in fear; and/or

d)  is classed as spam.

4.3.  In the event you are deemed by us to have acted or be acting in a way which is disruptive, or which causes offence, distress or alarm, to another person, then you will be excluded from the group or Session. Following such removal and exclusion, we shall arrange a meeting with you to discuss the matter and to determine whether you will be removed and/or excluded permanently. Such decision to be at our absolute discretion.

4.4. If you become aware of any inappropriate behavior, comments, or content being shown or displayed within any of our groups, on our Website, or during the delivery of any of our Services you agree to notify us as soon as possible.

5.
6. Payment and Charges

6.1.  The fee for the Service is as set out on the payment page at the time of purchase (“the Fee”).

6.2.  If you choose to pay by credit or debit card you authorize us to charge your payment method. If it is rejected, or fails, but you’ve still received access to the Services, you agree to provide full payment of the Fee within 7 days from the Services being provided.

6.3.  If we agree to accept payment of the Fee by instalments, then you agree to:

6.3.1. set up a payment arrangement with your bank to cover your instalment payments; and to

6.3.2.provide payment of the installments as and when they fall due to inaccordance with the payment plan agreed at the time of purchase of the Services.

You accept and understand that you will remain fully responsible for providing the instalment payments until the Fee has been paid in full.

6.4.  The Fee does not include any additional costs. If we incur expenses such as travel or accommodation costs in connection with delivery of the Services then these shall be added to your invoice and you shall be responsible for payment of them.

6.5.  Time for payment of the Fee and any expenses shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law.

6.6.  If you purchase Services on a monthly subscription basis then you will be liable to make payment every month until you cancel your subscription in accordance with these Terms and Conditions. You authorize us to request payment of the monthly amount from your chosen payment method on a rolling monthly basis.

\6.7.  We reserve the right to make changes to the Fee and any other charges at any time and without notice.

7. What you agree when you buy from us

7.1.  When you purchase our Services, 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.

7.2.  During the delivery of the Services, you may choose to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or health and wellness. You accept 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 access to and/or use of the Services.

7.3.  You acknowledge that the Services are designed to provide you with information, materials and support to assist you in developing yourself and your business, they are not a substitute for counselling or other therapy services. If you’re currently seeking medical or other professional help concerning your mental health, or if you’re in any way unsure as to your mental capacity to use the Services, then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant.

8. Your Purchase of the Services

8.1.  Your purchase of any Services is a contractual offer that we may choose to accept.

8.2.  Our welcome email confirms acceptance of your order and our legally binding agreement.

8.3.  If your order is not accepted, we will notify you by email and provide a full refund.

8.4. We reserve the right to make changes to the Services, in whole or part, as we reasonably require without notice to you. We shall not be liable for any reasonable changes or cancellations that are made to the Services.

9. Late Payment

9.1. Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 7 days overdue then:

9.1.1. We will be entitled to withhold delivery of Services until payment has been made in respect of the outstanding amount; and

9.1.2. interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 5% per annum;

9.1.3. any discount or other agreed promotional change to the Fee will cease to apply and you will be responsible for payment of the full Fee amount.

9.2. If your payment is beyond 30 days overdue, we shall be entitled to instruct a collection or legal agent to seek recovery of the outstanding amount along with our reasonable costs incurred in taking such action.

10. Refund Policy

10.1.  No refund policy shall apply to your purchase of the Services, including any deposit payment.

10.2.  In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Services then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms 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 £100 per hour.

11. Cancellation and Termination

11.1.  You shall have the right to cancel your access to any Service by providing notice to us by email to [email protected].  In accordance with Clause 10, despite cancellation, no refunds apply.

11.2.  When you cancel, all payments due to us shall become immediately due and payable.

11.3.  We reserve our rights to terminate our agreement and your access to the Services, with immediate effect, if you:

11.3.1.  commit a material breach of your obligations under these Terms; or

11.3.2.  fail to provide payment of any sum due to us as and when it becomes due; or

1.3.3.  become subject to a bankruptcy or similar financial order or proceedings affecting you or your business; or

11.3.4.  act or behave in a way which we reasonably consider may have a detrimental effect on our business or reputation; or

11.3.5.  fail to positively engage with the Services or impair the delivery of the Services; or

11.3.6.  fail to abide by any of these Terms or any other guidance we may provide whether such action constitutes a material breach or not.

11.4.  Upon termination for any reason:

11.4.1.  all terms which either expressly or by their nature relate to the period after the Services have been delivered or terminated shall remain in full force and effect; and

11.4.2.  you shall cease to use, either directly or indirectly any Content and/or Confidential Information belonging to us and shall immediately destroy or return to us any copies in your possession.

12. Complaints or Concerns

12.1. If you have any concerns about the Services, you agree to let us know by email to [email protected]  and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms further action includes stopping payment or making any chargeback or similar claim

13. Confidentiality

13.1.  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.

13.2.  Where we disclose Confidential Information to you, you agree that the Confidential Information belongs solely and exclusively to us, 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;

13.3.  In these Terms, Confidential Information means ideas, know-how, business practices, customer/client details, concepts and techniques, plans, trade secrets, 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 and Conditions.

13.4.  If we provide you with access to materials, information, resources, data and/or other content as part of the Services (“Content”), you agree to only use it in connection with your use of the Services and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.

13.5.  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.

14. Our Intellectual Property

14.1.  We take the protection of our Intellectual Property Rights in relation to our Content and Services very seriously. When you purchase our Services you agree and undertake that from the date of purchase that you WILL NOT:

14.1.1.  copy, reproduce, sell, license, share or distribute any of our Content, whether during the period of provision of the Services, or at any time thereafter;

14.1.2.  record any Sessions or any Content;

14.1.3.  infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual property rights.

14.2.  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.

14.3.  The provisions above shall continue in force notwithstanding termination for any reason.

15. Your Personal Data and how we use it

15.1.  Personal data in these Terms means any information which is capable of capable of identifying another individual.

15.2.  Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognized data protection laws and legislation including the General Data Protection Regulation 2016/679. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Services, and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services 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.randilee.net.

16. Reviews and Testimonials

16.1.  If you share testimonials, reviews, comments, information, graphics or images (“Client 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 Client 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.

16.2.  When sharing Client Content you confirm that you have the legal right to share it and that it doe not infringe any third party’s intellectual property or other rights.

16.3.  These provisions shall survive termination.

17. Non-solicitation and non-competition

17.1. For the duration of your access to the Services and for a period of 12 months afterwards you agree NOT to:

17.1.1.  canvass, promote or advertise your products or services to any of our employees, contractors, any individual who has purchased our Services (“Client”) or who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Services to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;

17.1.2.  employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Services, without our express consent in writing, such consent not to be unreasonably withheld.

18. Liability

18.1.  Your purchase of the Services and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.

18.2.  We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

18.2.1.  any indirect, consequential or special damages, losses or costs;

18.2.2.  any loss of profits, business, data, reputation or goodwill or any such anticipated losses;

18.2.3.  any failure to deliver the Services where we are prevented due to a reason beyond our reasonable control; or

18.2.4.  any losses arising from your choice of Service requested or your use of the Services once delivered.

18.3.  Should you incur damages due to our default or breach, our entire liability is limited to the amount of the Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Services.

18.4.  Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

18.5.  You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:

18.5.1.  any of these Terms;

18.5.2.  your use or participation in any way in any way with the Services.

18.6.  During the term of your access to the Services, 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 unfavorable publicity to us, our agents, employees, contractors, or Clients.

18.7.  In the event a dispute arises in connection with the provision of the 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.

19. No Guarantee

19.1.  When purchasing the Services you will have access to Content designed to benefit you but it is your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.

19.2.  We have made every effort to accurately represent the Services. 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 business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.

20. Contact between us

20.1.  Randi Lee (“We”, “Us”, “Our”), is a DBA registered in the State of Hawaii. Our registered office is 1201 Wilder Ave. #2701 Honolulu, HI 96822

20.2.  We will communicate with you via email as agreed using the details email address you provide to us at the time of purchase so please ensure you notify us if they change.

20.3.  If you need to provide us with any notice, or you wish to contact us please email us at [email protected] 

21. General

21.1.  No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.

21.2.  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.

21.3.  We’ll make every effort to deliver the Services in accordance with these Terms but we will not be liable for any delay or failure caused by an act, event, omission or accident beyond 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 or any other circumstances beyond our control. Should an Event occur then time for delivery of the 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.

21.4.  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.

21.5.  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 occurring prior to termination. Any refunds will be considered at our discretion.

21.6.  This Agreement shall be governed by the exclusive legal jurisdiction of the United States and in the absence of any Federal law in accordance with the laws of the State of Hawaii.

21.7.  You agree that no other representations have been made by us to induce you into purchasing any of our Services and no modification or variation to these Terms shall be effective unless agreed in writing.

21.8.  Save as provided for in clause 16.6, the Contracts (Rights of Third Parties) Act 1999 shall not apply.