The Excel against the Odds Success Academy – Membership Terms & Conditions
Our core ethos for Excel against the Odds is to help people run a business that they love which works well with their chronic ilness. This document details from the outset the way in which we will deliver our services to you. If you are planning to join the Excel against the Odds Success Academy (“the Membership”) then you must read these terms and conditions in full prior to purchasing.
- Membership Terms & Conditions (‘Terms’): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Excel against the Odds. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Excel against the Odds (“we”, “our” or “us”) provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
- Membership Outline
The Excel against the Odds Success Academy is a membership platform for business owners with chronic illnesses to support them in making their business work well for them and their health. The Membership is an ongoing commitment where you can get regular support and guidance.
In the Excel against the Odds Success Academy we will provide guidance through workshops, quarterly planning sessions, networking calls and the Facebook form on how to make your business work well for you and your health. We understand the limitations that a chronic illness can have on your business and will suggest strategies that take these limitations into account.
This membership is suitable for those who are business owners and who are living with chronic illnesses.
- Membership Specifics
There are four elements to the Membership.:
- Monthly Live Workshops
- Monthly Peer Support and Networking Sessions
- Quarterly Planning Sessions
- A Private Facebook Group]
The live masterclasses will be led Sarah Berthon. From time to time they may also be joined by guest experts
The monthly workshops will take place over Zoom and a replay will be made available on the website
During each monthly live session, we will cover a topic that is designed to help you run your business while taking into account that you are living with a chronic illness
The information and guidance shared will be based on my experience of running two business while living with 4 chronic health illnesses. It will also be based on the knowledge I have gained working with business owners with chronic illnesses.
The live sessions will be recorded and made available on the website.
Peer Support Sessions
Each month you will get the chance to meet on Zoom with other members of the Success Academy. This will be an opportunity to discuss issues that you may have or topics that we have covered in the live session.
In addition to the group workshops and peer support sessions there will be quarterly planning sessions. These will guide you through planning your work for the next quarter.
Private Facebook Group
You will have access to a private Facebook group to support you during the Membership. The intention of the Facebook group is to provide community support and a network of individuals who are running a business with a chronic illness and who are facing similar challenges.
From time to Sarah Berthon may post and offer support in the Facebook Group but there is no guarantee that posts will be responded to immediately or that any Facebook mailboxes will be monitored.
Please be advised that whilst we hope that you will be able to utilise the Facebook group, we make no guarantees as to the availability of the group and/or the content within the group at any time. Therefore, always ensure that you have back-up copies of any information shared within the group.
It is requested that at all times your behaviour towards others is polite and respectful. Should your behaviour be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behaviour and we will not be held responsible for the behaviour or actions of any other Members.
- Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe. On subscription you will agree to monthly payments via either PayPal, Stripe.
The Membership is an ongoing monthly subscription and payment will be taken on the same day each month.
We reserve the right to change the content and delivery of the services within the membership and the associated price point at any time. Should we do this we will provide advance notice so that you can decide whether to consider your subscription. We shall never increase your membership fees without providing at least 28 days’ notice and without providing you with advance notification.]
- Refunds and Cancellation
It is our aim that you will be completely happy with the Membership and that you learn how to run your business in a way that works well for your health. However, we appreciate that there may come a time when you wish to leave the Membership.
As you have instant access to the Membership resources you will not be entitled to a refund of your subscription fees should you join and then wish to leave. Please consider the detail of the Membership carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund if you change your mind. Your statutory refund rights are not affected.
Should you wish to cancel your Membership you can select ‘Cancel’ in the Account section of the website and no further payments will be taken. You can still access the materials until the day your membership expires.
We reserve all rights to cancel the programme for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect:
- If you fail to pay your Membership fees by the relevant due date;
- If you commit a repudiatory breach of the Terms of this agreement;
- As decided at our sole discretion from time to time]
- Contact and Schedule
It is the intention that the Membership will run continuously and that any training material, live Q&As and live masterclass sessions will be provided as set out above. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible.
Throughout the Membership we will be available by email at firstname.lastname@example.org. I will endeavour to reply withing 48 hours.
If you have a technical query relating to accessing the Membership please include “Tech” in the subject line of your email correspondence.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled. We are passionate about supporting everyone in the Membership and where we can we may respond to you out of hours but we make no guarantees that this will always be possible.
We make no guarantees or claims as to the success of any member. Each individual is unique and their abilities are unique to them. The aim is that we will provide you with the information and strategies to help you make your business work well with your health conditions
All training provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the Membership.
We are not responsible for any loss of opportunity or any investments which you make. No content in this Membership should be construed as medical advice, whether mental or physical. If you believe that you require medical attention you should seek assistance from a medical professional immediately].
We ask that all members in the Membership respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.
- Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
- Privacy and Confidentiality
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter.
During the course of the Membership you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of, any confidential information relating to any other member.
You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.
Please be aware that some training sessions may be recorded and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the Membership. If you provide or share any information within these sessions about yourself or your business that information will be shared within the group. Should you not wish to be recorded please ensure that if you attend any training your camera is switched off and your name field is changed to “Attendee” with your initials so that support can still be offered but no personal identifiable information will be captured.
Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to email@example.com
- Intellectual Property
During your time as a Member you will be provided with occasional workbooks. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
You agree that whilst in Membership, and for a period of 6 months following termination or cancellation of your Membership, you shall not use the confidential information revealed to you for any commercial purpose. In addition, you shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them. You also agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us.
- Force Majeure
Where either party is prevented from or delayed in carrying out its obligations under these Terms, due to circumstances beyond their reasonable control including, but not limited to, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, performance of their obligations shall be postponed until these circumstances end.
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
These Terms are governed by the laws of England. The English Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made to made in writing to Sarah Berthon at firstname.lastname@example.org.
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions 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).
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.
Frequently Asked Questions
- What happens if I can’t make a live session?
As far as possible, the live masterclasses will be held on Zoom. If not they will be recorded and the link to watch will be sent to you within 48 hours following the end of a live session. From time-to-time technology may fail and the recording may be unavailable or of poor visual or sound quality, but we do aim to record all live sessions. For the avoidance of doubt, there will be no refunds available for any missed sessions.
- What if I need additional support?
Additional support can be offered to each member in the form of 1:1 support or guidance. We are happy to support you as required, please contact us directly, additional charges will apply.
- What if I am ill during the Membership?
If you are ill or unable to attend a live session for any reason you will be able to watch the recording of that session. If you are ill for an extended period, please let us know and we will support you wherever we can.
- Is the Membership suitable for everyone?
The Membership is best suited to those who are running a business and living with chronic illnesses