Terms and Conditions of Participation
The Sacred Business Academy
Terms and Conditions of Participation
Valid as of February 14, 2022
Welcome to the Sacred Business Academy (hereafter “SBA”), a business coaching course for heart-centered business owners which will teach you a spiritually and practically integrated system of growing your sustainable sacred business. The SBA is provided online and contains online course modules and live virtual coaching, with both one-on-one and group sessions. The SBA is operated and provided by Jamie Faye, operating in the USA as a business approved by the Internal Revenue Service of the USA (hereafter “We”, “Us”, “Our”).
- These T&Cs
Our provision of the SBA and your participation on the SBA will all be governed by these terms and conditions (“T&Cs”), so please read these T&Cs carefully before completing your enrollment on the SBA and making the first payment of fees set out in Section 5 below.
- Enrollment in SBA; Formation of Contract.
- Once you complete enrollment in the SBA by paying the SBA fees as provided in Section 5 below, then these T&Cs will form a legally binding contract between us, pursuant to which we will provide you with the SBA Content in accordance with these T&Cs and you will pay the fees (described in Section 5 below) and abide by your other obligations set out in these T&Cs.
- Our Services
- Subject to our receipt from you of the fees payable for enrollment and participation in the SBA in full as set out in Section 5 below, we shall provide you with the following (all of which are referred to as the “SBA Content”):
- access to the online classes, including one-on-one sessions and group sessions;
- access to the SBA Facebook Group; and
- access to the online workbooks and other materials that we have created for the SBA.
- Ownership in the SBA content shall remain ours at all times. Upon your payment of fees, we shall grant to you the SBA License (defined in Section 4.1 below) and your use of the SBA Content shall be solely as permitted under the SBA License.
- We reserve the right to make changes to the SBA Content at any time if we so determine that this is for the benefit of the SBA participants. We will provide you with any updates to the SBA Content whenever this may be applicable and such updated material shall automatically fall under the SBA License.
- SBA Content will be provided in a professional manner and according to the timetable that we will notify you of upon completion of your enrollment in the SBA and any changes that may be notified to you from time-to-time.
- Customer’s Obligations
- As stated in Section 3.2 above, you will not receive any ownership rights in SBA Content. Subject to our receipt of the fees payable to us under Section 5 below, you shall be granted with a non-exclusive, non-transferable, non-sublicensable, fully paid up right and license to use the SBA Content solely in the manner intended for your use as an enrolled participant on the SBA (the “SBA License”). Without limitation or detracting from the generality of the foregoing:
- you may not use any part of the SBA Content for your own business purposes;
- you may print one copy of all downloadable material that makes up part of the SBA Content, but you may not share it with any other party, whether or not for receipt of payment;
- you may not share access codes to the course sessions and various meetings with any other person;
- you may not allow any other person to view the course sessions and various meetings together with you or any recordings thereof; and
- you may not transfer your enrollment in the SBA to any other person.
- Violation of any of terms of the SBA License shall be deemed a material breach of the contract between us, following which we shall be entitled to terminate the contract and your participation in the SBA without refund of fees paid and this shall be without prejudice to any other rights and remedies that may be available to us arising from your breach of contract.
- You agree to make every effort to attend every session and meeting that is part of the SBA Content on time and to submit assignments in the time required.
- During sessions and meetings and when contributing to the SBA Facebook Group, you shall not state orally or contribute in writing any material that is discriminatory in any way (whether sexist, racist, anti-Semitic, homophobic or otherwise), defamatory, pornographic, an incitement to hate or the commissioning of a crime, contain information that is the confidential information or other intellectual property of any other person, or that is classified, export controlled or that is otherwise illegal to share or publish under applicable laws. We shall have the absolute right to remove any material that we believe, in our sole discretion, violates this Section 4.4 and we will inform you of the reasons therefor. Depending on the nature of the offending material you have contributed, whether orally or written, we will either provide you with one written warning that following the repetition of any similar event we will terminate our contract and your participation in the SBA, or terminate the contract immediately and without warning if we feel, at our sole discretion, that the violation is serious enough. You shall not be entitled to a refund of any fees paid to us upon a termination of your participation on the SBA under this Section 4.4.
- Price and Payment Terms.
- In consideration for our services and provision of the SBA, you shall pay to us fees of either a one off payment of €4,000 (which shall be made by completing and submitting the payment form found here) or 6 monthly payments of €850 (which shall be made by completing and submitting the payment form found here).
- Where VAT must be added to the fees, we will contact you directly to arrange for the payment of VAT.
- Confidentiality; Privacy
- As stated in Section 4.1 above, all information that makes up part of the SBA Content is solely our property and confidential information. Any other non-public information that you receive from us shall also be treated at all times as our confidential information and you may not use any such confidential information in any manner other than as expressly permitted by these T&Cs in connection with your participation on the SBA.
- You understand that during the SBA, you will be requested to share certain information with us and with other SBA participants during group sessions. The sessions are recorded and may be accessed by all other present and future participants in the SBA. Some of the information you might provide may be considered to be personal information in accordance with applicable data privacy laws. Should you share any personal information during these sessions, then that shall be deemed to be your express consent that the personal information may be shared with all other present and future SBA participants. If you do not wish to share any particular personal information in sessions where you know that other participants will receive the information, then you may state this in the session and you will not be required to share the personal information. You also accept that by sharing personal information on the SBA Facebook Group or any other group, that information will be accessible to all other persons who have access to the Facebook Group or other group. You understand that other participants will be located in various different countries around the world and the privacy laws of some of those countries may not be on the same level as the privacy laws of the country that you are located in and any sharing of your personal information in the sessions or Facebook Group or other group takes this into account.
- You agree that you will use the personal information of other participants that you receive during your participation on the SBA solely in connection with your participation on the SBA in the manner intended by the disclosure. Under no circumstances whatsoever shall you disclose any personal information that you received from any other participant to any other party for whatever reason. You understand that all other participants will also be required to make the same undertakings concerning their use and non-disclosure of your personal data.
- This Section 6 shall survive any termination of the contract between us and shall remain in full force and effect to the maximum extent permitted by applicable law.
- Limited Warranty
- We warrant that the SBA Content is made up of original material developed and owned exclusively by us and by using the SBA Content in the manner permitted by the SBA License, you will not be exposed to any claims of infringement of intellectual property rights by any third parties.
- Except as stated above, we do not provide any other warranty of any kind and all other warranties, whether expressed or implied are hereby denied. You understand that effectiveness of the SBA depends upon the effort and commitment you put into your participation and we therefore cannot and do not guarantee any results and improvements of any kind that your participation on the SBA may bring.
- It is understood that third party platforms and systems are used by us in the delivery of SBA Content, such as our use of Zoom for conducting online meetings and Facebook for the hosting of the Facebook Group. We cannot guarantee the continued uninterrupted functionality of these third-party platforms and systems or that they shall continue to operate. Where necessary, we will exert commercial efforts to deliver SBA Content on alternate platforms and systems, without guaranteeing any success and we will not be held liable for the results of any failures of such platforms and systems. You are also advised to review the privacy policies for each of these platforms and systems to learn how they may use your personal information that they may collect by reason of our use thereof in connection with the SBA.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL CLAIMS OR DAMAGES ARISING FROM ANY BREACH OF ANY OF THESE T&CS AND THE PROVISION OF THE SBA, INCLUDING WITHOUT LIMITATION, CLAIMS FOR DAMAGES FOR LOSS OF USE, REVENUE OR PROFIT, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY THEREOF IN ADVANCE. SUBJECT TO APPLICABLE LAW, IN NO CIRCUMSTANCES, SHALL OUR LIABILITY TO YOU ARISING FROM ANY BREACH OF THESE T&CS BY US EXCEED THE FEES RECEIVED FROM YOU UNDER SECTION 5. NO CLAIM MAY BE MADE AGAINST US WHERE THE FACTS GIVING RISE TO THE CLAIM AROSE MORE THAN 12 MONTHS PRIOR TO THE CLAIM BEING MADE.
You agree to fully and finally indemnify us and hold us harmless from and against any and all damages, losses, claims, costs and expenses of any kind (including court costs and reasonable attorneys fees) suffered by us as a result of any breach of these T&Cs by you.
- Governing Law; Dispute Resolution
The contract entered into by us pursuant to Section 2.4 above and any matter arising from the SBA and SBA Content shall all be governed by the laws of the USA without reference to its conflicts of laws principles. The courts of appropriate jurisdiction of Delaware, USA shall have the sole and exclusive jurisdiction to hear and decide upon any disputes arising between us in connection with the SBA, your application to enroll on the SBA and the contract between us should we accept your application and you are enrolled on the SBA.
- Term and Termination
- The SBA is a 6-month course and any contract we enter into under Section 2.4 shall remain in full force and effect until completion of the SBA. However, any provision, which by its nature must survive a termination of the contract (for example and without limit, Section 4 restrictions under the SBA License, Sections 6, 7, 8 and 9) shall so survive and remain in full force and effect to the maximum extent permitted by law.
- Following completion of your participation in the SBA or termination of your participation for any reason, you shall no longer have any right or access to any part of the SBA Content and you shall no longer be entitled to use the SBA Content, except for your own personal use as a refresher for what you learned on the SBA. Under no circumstances will you be entitled to a refund of any fees paid in the event of a termination of your participation in the SBA.
- These T&Cs and any contract we enter into in connection with the SBA do not create any relationship between us other than that of independent contractors and no employee, agency, distributorship or other relationship shall be implied.
- If any part of these T&Cs are held by any competent court of jurisdiction to be invalid or otherwise unenforceable, then such part shall be deemed removed herefrom as if not included upon formation of any contract we enter into concerning the SBA and the remaining parts of the contract shall continue to be valid and in full force and effect. To the extent that such is possible, the invalid part shall be replaced with a new part that as closely as possible reflects the original intention of the T&Cs without also being invalid or unenforceable.
- No amendment to any part of a contract entered into between us shall be valid unless it is made in writing and signed by both of us. Neither party shall be deemed to have waived any of our rights hereunder unless we made the waiver in writing and signed it (or accepted it in writing, such as by email). However, we shall be entitled to make changes to these T&Cs at any time and without your prior approval. Such unilateral changes to T&Cs shall be effective with respect to any application for enrollment that you may file with us after the date that the revised T&Cs have been published on our website.
- You may not assign any of your rights or obligations under our contract formed under Section 2.4 without our prior written agreement. We shall be entitled to assign all of our rights and obligations under such contracts or any part thereof to any of our affiliates or to any purchaser of all or substantially all of our business.
- Any notices to be delivered in connection with the SBA shall be in writing and shall be effectively delivered by email or by any portal set up for the exchange of messages on our website. Emails addressed to you shall be addressed to the email provided in your SBA enrollment application form and emails addressed to us shall be addressed to [email protected]. Changes to these emails may be affected by the party making the change notifying the other of the change, with such notice delivered in accordance with this Section 11.5.