TERMS & CONDITIONS
The content of this website, our club meetings, webinars, workshops, training courses, digital downloads and personal coaching is offered as information only and not to be construed as advice. Grow Your Business Limited or its franchisees do not provide legal, accounting, financial or professional advice. We strongly recommend that you seek appropriate independent advice before entering into any contract.
Grow Your Business Limited, its staff or its franchisees do not guarantee any results or financial returns based on the information you receive. If particular concepts, technique, tactics or ideas are mentioned, they are mentioned only for illustrative and educational purposes.
It’s your business. You’re in control. You make the decisions. You choose to adequately resource and apply what we share (or not). After all, we can lead a horse to water, but we can’t make it drink.
Although we have used our best efforts to provide the most accurate and innovative approaches, we cannot promise your future profitability and do not promise verbally or in writing that you will earn a profit when you apply what we share. Ultimately all decisions are made by you. Grow Your Business Limited, its staff or franchisees are not in any way liable for your decisions, or actions resulting from information obtained from website, our club meetings, webinars, workshops, training courses, digital downloads and personal coaching .
There is risk of loss in starting, running and growing your own business. No representation is made regarding the success of applying the information we share. A business owner may experience different results depending on a number of external factors which Grow Your Business Limited, its staff or franchisees can neither control or influence.
Without limiting the rights under copyright reserved above, no part of the website, club meeting, webinar, workshop or coaching material may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), without the prior written permission of Grow Your Business Limited.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GROW YOUR BUSINESS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.
GROW YOUR BUSINESS LIMITED MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE GROW YOUR BUSINESS OR FRANCHISEE’S WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE GROW YOUR BUSINESS OR FRANCHISEE WEB SITE, STAFF, FRANCHISEES OR COACHES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GROW YOUR BUSINESS LIMITED AND/OR ITS FRANCHISEES OR COACHES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED ITEMS CONTAINED ON THE GROW YOUR BUSINESS LIMITED WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
GROW YOUR BUSINESS LIMITED AND/OR ITS FRANCHISEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED ITEMS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROW YOUR BUSINESS LIMITED AND/OR ITS FRANCHISEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GROW YOUR BUSINESS LIMITED WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GROW YOUR BUSINESS LIMITED WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED ITEMS OBTAINED THROUGH THE GROW YOUR BUSINESS LIMITED WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GROW YOUR BUSINESS LIMITED WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GROW YOUR BUSINESSOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GROW YOUR BUSINESS LIMITED or its franchisees does not recommend a particular business strategy, tactics, concept, technique, principle or idea of any kind. All information and content shared on the site and in coaching sessions are mentioned for illustrative and educational purposes. The information is intended to provide you with a basic education, understanding and instruction regarding starting, running and marketing your own business. It is recommended that you seek professional legal or accountancy help prior to implementing any information shared. Although we have used our best efforts to provide the most relevant, accurate and up-to-date information, we cannot promise any results generated by the information we share.
You are ultimately responsible for the decisions and choices you make. You decide what resources you have available and which resources you will use applying and implementing the information we share. GROW YOUR BUSINESS LIMITED, its staff, franchisees, or coaches are not liable in any way for your activities, decisions or results you generate resulting from accessing our website, information, solutions or any of the intellectual capital we share via our website, live events, personal coaching sessions or consultancy services.
GROW YOUR BUSINESS LIMITED do not guarantee any results or return on investment based on the information on offer or from the choices you make with the information we share with you. There is risk of loss in starting, running and investing in a business and marketing its products, services and solutions. Before commencing trading or investing in any promotional activities, one should consider the risks and whilst there is a potential for profit, there is also potential for loss. All decisions are your responsibility. You are in control. It is your business. You make the decisions.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
TRAINING, COACHING & CONSULTANCY
Except as expressly warranted herein, the Services are provided on an “as is” basis and “as available” basis and neither party makes any warranties, either express or implied, with respect to its Web Site(s), the reliability, security, continuation or success thereof, the materials contained therein, the servers used or the goods or services offered by either party and each party expressly disclaims any warranties, express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
All Coaching Programmes provided under the “Grow Your Business”, “Grow Your Business Club”, “Grow Your Business School” or “Skillutions” brands are a coaching service (not a consultancy service) provided by the authorised Grow Your Business Coach or Franchisee. Results are generated and progress is made upon successful completion of the weekly exercises, assignments and successful application and implementation of the concepts, techniques, strategies, tactics and principles shared in each session.
In no event shall Grow Your Business Limited, The Grow Your Business Club website, it’s officers, staff or franchisees be liable to the client in contract, tort or otherwise for any loss of data, sales, revenue, profit, production, progress, anticipated savings or business opportunities or any type of indirect, economic or consequential loss even if that damage or loss was reasonably foreseeable or that the client had been advised of the possibility of such loss or damage arising.
The Client agrees it is solely responsible for the progress made from implementing and applying the techniques, concepts, and ideas in their business gained from any training or coaching session – ( NOT Grow Your Business Limited, The Grow Your Business Club Website or it’s officers, staff or franchisees).
Clients are responsible and for completion of all exercises and assignments prior to the commencement of the next session. Clients are responsible for allocating the appropriate human, technical and financial resources required for creating and executing any coaching plan of action for their business.
Notwithstanding the generality of clause above, Grow Your Business Limited and its staff or franchisees shall not be liable for any consequential or indirect loss suffered by the Client including without limit damage or corruption to the Site or other software or data or loss of profit, business, revenue, goodwill or anticipated savings; the transmission or reception of information from or to the website; the acts and omissions of telecommunications providers whose services and equipment are used in connection with the Site including without limit a failure of their equipment.
USE OF CONTENT & MATERIALS
The Client agrees not to reproduce or use any of the content from our website, club meetings, webinars, workshops, coaching or consultancy in any of their own product or service offering whatsoever. All other uses of The Grow Your Business Marks, content, marketing materials, and associated documentation require the prior approval of Grow Your Business Limited and Fraser J. Hay.
It is recognised that the designated times for calls and appointments set by The Grow Your Business Club can change due to unforeseen circumstances. It is agreed between the parties that The Grow Your Business Club will make reasonable effort to notify the client of any changes to predetermined calls or appointments. Notification may be sent/given by Phone, email, SMS or in person. It is further agreed that both parties will agree a mutually convenient time to reschedule the call/appointment if required.
This does not constitute a claim for a refund. Each party’s Authorised Representative shall be responsible for maintaining relations with the other party. No variation of this Agreement shall be valid unless approved in writing by the Authorised Representatives of both parties In the event of a change of Authorised Representative, it is the duty of each Party to notify the other and such notification should be made in writing on the Party’s headed paper and signed by an officer of the Party.
In the case of a corporate body, the officer must be a director of the company. In the case of a sole trader or partnership, the officer should be the Principal or Partner.
Each party represents and warrants that it has the right to enter into this Agreement, to grant the rights granted hereunder and that its entry into this Agreement does not and will not violate its obligations to any third party. In addition, each party represents and warrants that its signatory to this Agreement is duly authorized to bind it and that, upon execution by both parties, this Agreement shall be valid and binding upon it.
The Client further represents and warrants that if it acts as an agent on behalf of customer end users, it is duly authorized to do so. Neither of the parties to this Agreement shall be responsible to the other party for any delay in performance or non-performance due to any causes beyond its reasonable control.
GENERAL CLUB GUIDELINES
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements in connection with the subject matter hereof. Nothing in this clause shall be taken to exclude liability for fraudulent misrepresentation.
All sums expressed to be payable hereunder are expressed exclusive of Value Added Tax (unless otherwise stated on the website, which shall be payable in addition to such sums. The Client shall not be entitled to assign this Agreement or any of its rights and obligations hereunder without the prior written consent of The Grow Your Business Club website. The Client shall also be prohibited from reselling or redistributing training, coaching or consultancy materials in any shape, manner or form, in whole or in part.
Nothing in this Agreement shall create, or be deemed to create, a partnership, or the relationship of principal and agent, between the parties and for the avoidance of doubt neither party is entitled or authorised to contract on the others behalf. Except as otherwise expressly stated herein, nothing in this Agreement confers any rights on any person (other than the parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999. This Agreement and all rights and obligations of the parties hereto shall be governed and construed in accordance with the Law of Scotland and the parties hereto hereby submit to the jurisdiction of the Scottish Courts.
ACCESS, PARTICIPATION & ENGAGEMENT ON THE WEBSITE
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 18 and is offered only to users 18 years of age or older. Any person who provides their personal information through this Network represents that they are 18 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service.
Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.
The Grow Your Business Club reserves the right, in its sole discretion, to terminate your access to the Grow Your Business Club Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of Scotland. and you hereby consent to the exclusive jurisdiction and venue of courts in Scotland in all disputes arising out of or relating to the use of the Grow Your Business Club Web Site.
In the unlikely event, that a request for payment remains outstanding for 14 days or more, the Client will be deemed being in default of this Agreement, and liable for the full value of all services contracted and all monies owing. The TOTAL outstanding debt may be passed to a third party agency for collection.
Use of the Grow Your Business Club Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Grow Your Business Club as a result of this agreement or use of the Grow Your Business Club Web Site.
The Grow Your Business Club’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Grow Your Business Club Website’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Grow Your Business Club Web Site or information provided to or gathered by Grow Your Business Club with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Grow Your Business Club with respect to the Grow Your Business Club Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Grow Your Business Club with respect to the Grow Your Business Club Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT & TRADEMARK NOTICES
All contents of the Grow Your Business Club Web Site are: Copyright 2006-2016, Fraser J. Hay and/or his suppliers. All rights reserved. TRADEMARKS: The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Copyright, Designs and Patents Act 1988, notifications of claimed copyright infringement under UK copyright law should be sent to the main contact address.
Typical response time is 24-48 hrs.
Growyourbusinessclubhighlands.co.uk and GYBCHighlands.co.uk are websites belonging to Grow Your Business Club (Highlands) Ltd, a company registered in Scotland No. SC487611
Telephone contact can be made via +44 (0) 1463 717115
PAYMENT & LATE PAYMENT NOTICE
All payments are made in advance, unless agreed in writing between the parties. In the unlikely event that a request for payment remains outstanding for 14 days or more, the client will be deemed being in default of this Agreement, liable for the full value of all services contracted/ordered and all monies and interest calculated at 5% per annum owing. The TOTAL outstanding debt may be passed to a third party agency for collection E&OE.