Jasmin Manke LLC – Terms & Conditions
These Terms of Purchase relate to the delivery of all of our products and services. Please read them carefully as they set out your rights and the details of how your purchase will be delivered to you.
We, Jasmin Manke LLC, are a global company incorporated in the United Arab Emirates. In order to ensure that the terms we apply to our services are just and fair our Terms of Purchase are governed by UK legislation. The Terms of Use for our Site and our Privacy Statement can be found on separate pages and you should refer to those as they set out important information about the way we use and store your data.
On successful competition of your purchase, you will be sent a copy of these terms along with your login information. Should you have any problems with logging in please email us, placing ‘Tech Query’ in the subject field and send your email to [email protected]
Should we need to make any amendments to these terms you will be notified as soon as possible by email.
It is always our aim that you will be fully satisfied with your purchase. Should you have any questions about your purchase we will be happy to assist.
XOXO
Team Jasmin Manke
Our Offers
- These terms cover all of our products and services including 1:1 Coaching, VIP Client Days, The Confident Boss Academy and our self-study courses, (“Our Offers”).
- You will be able to find the detail and specifics relating to each of Our Offers on the relevant sales pages. Please read the descriptions carefully as those terms set out the current offering at any given time.
- We shall deliver Our Offers with reasonable care and skill consistent with best practice and the required standards of our industry.
- We agree to comply with all relevant regulations, guidance, standards and codes of conduct that apply or are relevant to the provision of each of Our Offers.
- From time to time we may be required to undertake changes or amendments to Our Offers or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to Our Offers or our systems or processes which is caused due to routine or unexpected maintenance.
- Our Offers relate to mindset, abundance and business and have been created specifically for business owners and business purposes.
- We shall use our reasonable endeavours to deliver Our Offers within the timescale as set out on each sales page for each product, however, time shall not be of the essence for delivery.
- Should unforeseen or extenuating circumstances arise, we may have to reschedule certain elements of the offering such as coaching sessions. Where possible we will reschedule for the next available date to suit you and us. In certain circumstances, such as ill health, medical or maternity related issues relating to one of our coaches, we may have to pause service delivery. In those instances, any payment plans will continue in force and payments should be made on the same dates as agreed, and the service delivery will resume as soon as the coach has recovered.
- In delivering Our Offers, we may engage the services of our employees, contractors and other third-party providers as we deem necessary.
- The intellectual property rights for all course materials are confidential and are retained by Jasmin Manke LLC. In purchasing this course, you are granted permission to use the course materials in line with these terms and conditions. When you purchase Our Offers, we may provide you with resources, materials, information, guidance notes, video and other content (“Content”). By completing your order and purchase you agree and accept that all such material remains our confidential intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your use of Our Offers.
- Please be advised that we reserve all rights to our intellectual property in respect of digital and live training. This means that whilst you are free to use the material or print out a copy you are not permitted to copy, distribute, adapt, edit or share our products with third parties.
- On purchase you are granted a licence for one single person/business use of the Content. That licence does not permit you to copy, distribute, edit or share, for profit or non-profit, with any third parties, without our express consent.
- The reproduction, distribution, and/or sale of any information or materials provided is strictly prohibited.
- Some of Our Offers include live training elements such as calls, video calls, live coaching or information sessions (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by, 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.
Your Obligations
- You accept that as part of your participation in Our Offers that you may be required to review and make decisions concerning your business and career, finances, education and development 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 access to Our Offers or any other Services provided by us.
- You accept that access to Our Offers is not a substitute for counselling or other therapy services. In the event that you are undergoing medical or other professional help concerning your mental health then you should inform your practitioner of your intention to access Our Offers and the extent of the services being provided and inform us if appropriate and relevant. None of the content within Our Offers, whether handouts, trainings, meditations, visualisations, hypnosis recordings or any other materials constitute medical advice, nor are they a substitute for professional mental health advice.
- In the event you choose to share comments, information, content, photos, graphics or images (“Client Content”) with us then in doing so you accept that you are granting to us, free of charge, permission to use such Client Content in any way as part of our business services (such uses shall include advertising and marketing) and that you shall not receive any remuneration for such use.
- Where you choose to share Client Content with us, you confirm that you have the legal right to share that Client Content and that it does not infringe any third party’s intellectual property or other rights.
- 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 to lawfully promote our business. You accept and understand that you can amend your consent at any time by emailing us.
- By placing an order through our Website, warrant that you:
- are legally capable of entering into binding contracts;
- are at least 18 years of age; and
- will ensure that all of the information that you provide to us is true and accurate and up to date
- 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.
- Within some of Our Offers there are group training elements which means that you will be provided our services alongside others. You should be aware that sessions will be recorded and that your participation will be recorded and available for others to view.
- All participants are requested to be kind and courteous to others in the group at all times. Jasmin Manke LLC reserve the right to remove any participant from the group immediately should we consider that there has been inappropriate behaviour. Jasmin Manke LLC do not tolerate bullying, racism or sexism of any kind.
- Jasmin Manke LLC require that all participants respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any participant, including for any disclosures made by any participant based on information which has been shared within group elements of Our Offers, and each participant should be aware that whilst all participants have been requested to maintain the strictest confidentiality, private information should not be shared if wider disclosure could cause further implications.
- In the event you have any concerns as to any aspect of our delivery of Our Offers you agree to notify us of such concerns by email to [email protected] as soon as possible and allow us reasonable time to investigate your concerns and resolve them before you take any further action, such as stopping payment or making any chargeback request or similar claim.
- You agree that during your access to Our Offers, and for a period of 12 months afterwards, that you shall not solicit any of our Clients or prospective clients without our express consent, such consent not to be unreasonably withheld.
- You agree that for the duration of your access to Our Offers, and for a period of 12 months afterwards, that you will not 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 period of your access to Our Offers, without our express consent in writing, such consent not to be unreasonably withheld.
- In the event you refuse or fail to comply these terms we shall be entitled to terminate your access to Our Offers and no refund will be provided.
- You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of these terms.
- Accessing to Our Offerings and Our Contract
- Your order and purchase of any of Our Offers is a contractual offer. Our acceptance is indicated when we send your confirmation email (“Confirmation Email”). It is at this point - once we send the Confirmation Email - that a legally binding agreement between us will be formed. That legally binding agreement will apply these terms.
- When you are placing your order, you will be required to acknowledge that you wish for access to Our Offers to be provided to you immediately and that you acknowledge in requesting immediate access that you will lose any legal right to change your mind and cancel this agreement and you accept and understand that no refund will be provided if you change your mind.
- In the event we are unable to fulfil your order and deliver Our Offers we shall notify you by email and provide you with a full refund of the purchase price paid.
- Fees and Charges
- The fees for each of Our Offers are set out on the sales page for each offer on our website.
- The fee shall be paid by you directly through our website.
- Should you make a deposit payment it shall be non-refundable unless we fail to deliver Our Offers by reason of our own fault or failure.
- Time shall be of the essence in respect of the payment of the fees, any instalment of the fees and/or any deposit.
- Payment of the fees shall be made without deduction, set off or any form of withholding except as is required by law.
- Cleared payment of the fees or the first payment of any instalment arrangement must be received by us before you are entitled to access Our Offers.
- Where you wish to make payment of the fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to Our Offers then you agree to be responsible for payment of the Fee within 7 days from access to Our Offers being provided.
- We reserve the right to vary the price of Our Offers at any time. The fees that are shown on our website at the time your purchase is made is the price that you will be required to pay.
- Late Payment
- to withhold delivery of Our Offers or access to any associated Sessions, Group Sessions, groups, areas or resources until payment has been made in respect of the outstanding amount;
- to remove you from any groups, private areas, or similar resources which have been provided as part of Our Offers.
- You are responsible for ensuring that payment of the fees and any instalments are paid in full and on time in accordance with the payment terms you select at the checkout.
- If payment of our fees or any instalment is beyond 7 days overdue, then we shall be entitled to any or all of the following remedies:
- In the event your account is beyond 30 days overdue we shall be entitled to instruct a collection agent or lawyer to seek recovery of the fee along with any late payment fee and any accrued costs incurred in taking such action.
- Refund Policy
- In instances where you are purchasing access to Our Offers which include digital resources you will receive instant access to the content and we are unable to offer refunds if you change your mind. Please consider the information about each of Our Offers carefully before purchasing. Your statutory refund rights are not affected.
- If you join us on a 1:1 or VIP in-person day then once the date is confirmed then any changes to the date shall incur a £500 fee.
- If we run in person events then we will only provide a small number of tickets and as a result we will not be able to provide a refund if you are unable to attend, however, where possible if a third party does wish to attend in your place, we will support you to change the attendee details.
- No chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. Should you have any concerns about Our Offers then you agree to raise your concerns with us in accordance with these terms. 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 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 our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
- Cancellation and Termination
- commit a material breach of your obligations under these terms; or
- fail to provide payment of any amount due as and when it becomes due; or
- have a bankruptcy petition presented against you or you are subject to a bankruptcy order; or
- enter into an insolvency arrangement; or
- are otherwise unable to pay your debts; or
- cease trading or an administration or winding-up order is made or an administrator or receiver is appointed over your business.
- becoming disengaged, disruptive or if you impair the provision of Our Offers or the enjoyment of Our Offers by any of our Clients; and/or
- failing to follow or abide by any of the terms set out within this document or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
- all clauses which either expressly or by their nature relate to the period after the delivery of Our Offers or expiry or termination of the same shall remain in full force and effect; and
- you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise.; and
- you shall cease to use, either directly or indirectly any Confidential Information received as part of Our Offers, and shall immediately return to us or destroy any documents, materials or resources in your possession or control which contain a record of any Confidential information.
- You shall have the right to cancel your access to Our Offers by providing notice to us by email to [email protected] . Please be advised that despite cancellation, no refunds will apply.
- Upon cancellation or termination pursuant to these terms and conditions, any outstanding payments shall become immediately due and payable.
- We reserve our right to terminate your access to Our Offers and any associated Sessions, groups or resources, with immediate effect, and without refund, if you:
- We shall be entitled to limit or cancel your access to Our Offers or suspend, and/or terminate the arrangement without refund, whether paid or remaining due and payable, if we reasonably determine that you are:
- Upon termination of this arrangement for any reason:
- Confidentiality
- was already known to us prior to being provided with that information by you;
- is already accessible in the public domain;
- is provided to us by a third party separately from these terms and without any breach of these terms; or
- is produced, developed or collated by us independently of you and without any breach of these terms.
- In order to benefit fully from Our Offers you accept that in some cases you may be encouraged to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes, your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential information”) that you may disclose to us as part of your use of Our Offers.
- Confidential Information for the purposes of these terms excludes any information that:
- Liability
- Notwithstanding the remainder of this clause, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not (a) limit of exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.
- We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, is limited.
- Your purchase of Our Offers and compliance with these Terms and Conditions does not constitute or imply any business relationship, other than as set out within these terms.
- It is important that you are aware that Our Offers are only available to business owners. Our Offers are not suitable for general consumers and any service provision is granted to you in your capacity as a business owner.
- When purchasing Our Offers, you will have access to information, services and resources designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/ or the skills or tools shared. Your success and any results you achieve will depend on your own efforts, experience, knowledge and personal circumstances and any other factors which are outside of our control. On this basis, we do not guarantee that any particular results or success will be achieved.
- We have made every effort to accurately represent Our Offers. Any testimonials and/or examples of results or success 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 any results that can be achieved through use of Our Offers.
- In promoting Our Offers we may utilise testimonials and affiliate marketing from prior clients. All testimonials have been given freely and represent each individual’s own opinion.
- All participants should be aware that where training sessions are provided they may be recorded and the recordings stored and made available for viewing by other participants. Any recordings shall be stored in accordance with our Privacy Policy.
- We do not warrant or guarantee that your access to Our Offers will be:
- accessible via your particular hardware or software;
- free from interruptions or errors;
- free from defects;
- suitable for your particular business situation or circumstances.
- We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
- any indirect, consequential or special damages, losses or costs;
- any loss of profits, business, data, reputation or goodwill or any such anticipated Losses;
- any failure to deliver Our Offers where we are prevented due to a reason beyond our reasonable control; or
- any losses arising from your choice of Our Offers or your use of Our Offers once delivered.
- We shall not be liable to you where we have informed you of a problem with Our Offers and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
- In the event you incur damages as a result of our default or breach of these terms, our entire liability to you is limited to the amount of fees paid by you to us at the time the loss is sustained. You agree and acknowledge that this clause is fair and reasonable given the nature of these terms and the provision of Our Offers.
- The information on this Site and in our social media content which is available outside of Our Offers is intended for entertainment and information purposes only and does not constitute advice including, but not limited to, medical, nutritional, scientific, physical, legal, financial or mental health advice. Should you require advice under any of these heads then you should contact a professional directly. The information on this Site is provided without any representations or warranties, express or implied.
- If you are undergoing medical and / or professional help concerning your physical or mental health, you should inform your practitioner of the extent of our services provided to you. If you have any underlying physical or mental health conditions, you should check with your practitioner whether any limitations are recommended in respect to your engagement with the content available on this Site.
- Although reasonable efforts are made to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.
- This Site may contain links to other sites. These sites are not under our control, and we cannot be responsible for any actions or events arising from you following any links from this Site. Links are provided for informational purposes only and should not be interpreted as approval or endorsement by us.
- Any comments on the review sections of products or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Site made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Site. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Site users.
Jurisdiction and Dispute Resolution
- No breach of any provision of these Terms and Conditions shall be waived except with the express written consent of the party not in breach.
- If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these Terms and Conditions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
- These terms are made for the benefit of you and us, and they are not intended to benefit any third party or be enforceable by any third party.
- Every effort will be made to deliver Our Offers in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of Our Offers should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Event”), 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, 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 of delivery of Our Offers shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to Our Offers, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
- Where an Event arises, we shall provide you with a notice in writing sent to the email address which you provide to us, and which it shall be your duty to inform us should it change, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event.
- Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate these terms by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of either of us in respect of any breach of these Terms and Conditions occurring prior to termination. Any refunds will be considered at our discretion.
- You agree that no other representations have been made by us to induce you into purchasing Our Offers and no modification or variation to these Terms and Conditions shall be effective unless agreed in writing.
- In the event a dispute arises in connection with this Agreement and the provision of Our Offers 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 following mediation then either Party shall be at liberty to commence legal action.
- This Agreement shall be governed by and construed in accordance with English law.
- The courts of England & Wales shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.