Sixy Star Terms & Conditions

Sixy Star Services Agreement - Terms & Conditions

Introduction

Hey, it’s Lisa from Lisa Fox Limited here, and I’m really excited that you’ve committed to taking this next step by investing in this online coaching programme – I’m really looking forward to working with you!

To ensure our working relationship starts in the right way I’d firstly like to provide you with some information so you can clearly understand what this programme involves, how it will be delivered, what we expect from you, and lastly, what you can expect from us, and that’s what we hope to achieve within this Agreement.

This Agreement sets out the entire arrangement between us, and since we know that reading legal documents is not the most fun, we’ve tried hard to make things as simple as possible.

We’ve avoided using complicated legal terms or jargon as much as possible since we have no desire to trick or confuse you, we simply want to ensure that we start out on the right foot with total clarity on what is expected as we start working together on achieving your goals!

Terms & Conditions

The Terms and Conditions set out below (“Terms”) apply to the delivery of business and confidence mentorship, training, coaching and support, which may include hypnotherapy, or any related products and services (“Services”) which we, Lisa Fox Limited (“us”, “we”), agree to provide to you, the purchaser of the Services (“you”, “your”) in exchange for payment of the Fee (as defined below).

When you tick terms & conditions to agree to this Agreement, you are deemed to accept these Terms including any Schedule, along with our privacy notice, Website terms of use and disclaimer, which can be found at www.lisafox.ie (“the Website”).

If you access or use any of our free resources which we provide directly to you or through our Website or sales pages which may include audio files, workbooks, PDF’s, introductory or discovery sessions, podcasts or workshops then these Terms will apply to your use of those, except for the clauses relating to payment.

The Services

We agree to deliver to you the Services, as detailed in the service description attached at Schedule 1, with reasonable skill and care, consistent with best practice and standards applicable within the business coaching and mentoring industry and within a reasonable time period. We may engage the services of our employees, contractors and such other third-party providers as may be necessary to support our delivery of the Services.

Any information, support, materials or guidance we provide as part of the Services is intended for a group audience only and you should not rely upon it as information which is personal to you, unless we expressly advise otherwise. Any information provided will not constitute legal, medical or financial advice.

Your purchase of the Services

The clauses below set out how a legally binding agreement is formed between us:

You confirm that you wish to purchase our Services by making a payment to us;

If we do not accept your order then we will notify you by email and provide a full refund, this may be where there is an error with the Services description or the price, where we are no longer able to deliver the Services, or where we feel that the Services may not be right for you;

Your order will be accepted and our legally binding agreement will begin when we send your welcome email.

In some circumstances it may be necessary for us to make amendments, revisions or changes to the Services or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make changes then we will ensure that the Services still match the original service description, except where the change enhances the original description. We shall not be liable for any reasonable changes that are made to the Services.

Your responsibilities when we work together

You agree 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.

You accept that during the coaching process you may be required to review and make decisions concerning your personal and home life, business and career, finances, development and health and wellness and that any such reviews, decisions or subsequent actions will be your sole responsibility and that we shall not be liable to you for your failure to make any decisions or put into action any plans or strategy.

When we work together you agree to:

Be open and honest at all times so that we may understand your specific needs and tailor the coaching appropriately in response; and

commit to engaging fully with the coaching process and providing your full attention, time, focus and energy to our sessions; and

comply with and respond to any of our requests for information and to take actions and complete tasks in a timely manner in line with any plan we mutually agree.

Your safety and welfare when accessing the Services

You accept and understand that we are not qualified medical practitioners and do not provide medical consultations or advice relating to medical, psychological, psychiatric or health conditions. If you require information or assistance concerning any medical or health related issue then you should seek the advice of your qualified medical practitioner.

You understand and accept that the Services are not a substitute for professional therapy services and that if you are currently undergoing medical or other professional help concerning your mental health or wellness then you should provide your practitioner with details of the Services and obtain their consent for you to engage with them.

You understand that you will remain responsible for your own emotional state at all times. During the coaching process you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. It is important that you are mentally well enough to use the Services and by purchasing them you are confirming to us that you are and that you will not hold us liable for any emotional distress experienced as a result of your use of the Services. We reserve the right to cease delivery or terminate your access to the Services where we have concerns as to your suitability to safely use them.

As part of the Services, you may have the opportunity to benefit from access to hypnotherapy services, tools or resources.

Any hypnotherapy services, tools or resources that we provide access to are those which we are trained, qualified, certified and insured to provide. Whilst we are advocates of the benefits that can be experienced through hypnotherapy, results can vary and are not guaranteed. The Services, including any hypnotherapy related elements, are not a substitute for psychological therapy or counselling and you should seek the services of a qualified or licensed professional where such support is required.

You understand that at all times during your access to and use of the Services that you will be fully responsible for your own health and well-being. Any access to hypnotherapy or other services offered as part of the Services is an alternative or complementary form of care and not a replacement to any existing medical treatment that you are undergoing or may require. You agree that in the event you have any concerns concerning your health, diet, medication or any medical conditions that you will seek the advice of your qualified medical practitioner.

Your purchase of the Services does not create a client/therapist relationship.

Accessing sessions

Delivery of the Services will include access to group or 1-1 sessions (“Sessions”) as detailed in Schedule 1.

Group Sessions

For group Sessions, the date and time of each Session will be confirmed by email and you shall be responsible for attending at the scheduled time and participating fully, openly and honestly.

Group Sessions will take place remotely via Zoom or other online meeting facility, or as may be agreed between us. You will be required to have access to Facebook, Zoom and email to access some of the Services.

If you are unable to attend a group Session, or where you fail to attend, then you understand that you will forfeit your right to that Session. Any missed Sessions will not be rescheduled or refunded.

Should a situation arise where we need to reschedule a Session then we will make all reasonable attempts to provide you with as much notice as possible and to reschedule the Session to a mutually convenient time having regard to all other group members’ availability.

1-1 Sessions

Where the Services include private one to one Sessions then you will be responsible for scheduling the date and time of each Session with us via email, calendar link or otherwise as we agree and you shall be responsible for attending at the scheduled time.

If you are unable to attend a scheduled 1-1 Session then you will be able to cancel and reschedule your Session up to 48 hours before the scheduled Session start time. If you fail to cancel your Session by email within this time frame, then you shall forfeit the right to that 1-1 session. Any cancelled 1-1 sessions must be rescheduled and take place within 14 days from the date of the cancelled session.

We really respect your time and would ask that you respect ours too. On this basis, if we are waiting for you to join a scheduled 1-1 Session for more than 15 minutes from the scheduled start time then we reserve the right to treat you as a no-show and in that situation, you will forfeit your right to that Session.

Should a situation arise where we need to reschedule a 1-1 Session then we will make all reasonable attempts to provide you with as much notice as possible and to reschedule to a mutually convenient time.

Your conduct and behaviour during delivery of the Services

It is really important to us that everyone who uses our Services feels safe and comfortable and therefore we ask that you agree to conduct yourself in a reasonable and responsible manner at all times when attending Sessions or when accessing any community areas or private groups (“Groups”) and not to act in a manner which may cause offence, distress or alarm to any other individual accessing our Services (“Client”) or to us, our employees, contractors or third party contractors, as applicable.

When you use and access the Services, any Sessions or any Groups you agree:

not to use them for any unlawful purpose;

not to record any part or capture or share images of us or any Client without express permission;

not to do anything which could or does impact the delivery of the Services to you or a Client;

not to share information, whether expressed to be confidential or not, that is shared by us or another Client;

not to canvass, promote or advertise your own products or services to any of our employees, contractors or Clients without our written consent;

not to act or behave dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation;

that you will not upload, post, transmit or otherwise make available any content or materials that:

infringe any copyright, trademark, or other Intellectual Property rights (as further defined below) belonging to us or any Client;

are by their nature defamatory, libellous, obscene, demeaning or which causes offence to us or a Client, whether intended or not;

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

is threatening or causes us, or any Client to feel harassed or in fear; and/or is classed as spam.

Where we consider, in our reasonable opinion, that you are in breach of clause 7.2 above then we reserve the right to withdraw your access to the Services and any Sessions and/or any Groups. Following such action, we shall arrange a meeting with you to discuss the matter and to determine whether access will be removed permanently. Where we decide to withdraw access permanently then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion and will be based upon your actions and the level of Service already delivered to you.

Where you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any Sessions or Groups, or during the delivery of any aspect of the Services then we ask that you notify us as soon as possible.

Payment terms

The total price of the Services is set out in Schedule 1 (“the Fee”). All prices are inclusive of VAT, unless we have agreed in advance and confirmed by email that VAT will apply, in which case VAT will be payable in addition to the Fee.

If we agree to accept payment by instalments then you agree to pay the instalments in accordance with the instalment plan as set out in Schedule 1. Each instalment that is received shall be credited to the outstanding amount of the Fee owed by you until payment of the Fee is received in full.

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

If you choose to pay by credit or debit card then you authorise us to charge your payment method without further notice to you. If it is rejected, or fails, but you have still received access to the Services, you agree to provide us with full payment within 7 days from access to the Services being provided.

The Fee and any other payment you provide to us is non-refundable unless the following circumstances apply:

we cancel delivery of the Services (as set out in clause 12.6), in which case you shall be entitled to a partial refund for any of the Services which you have paid for but have not yet received.

The Fee is calculated based upon our knowledge and experience and the time, preparation, effort and availability of the Services and is not based on your actual usage and/or level of attendance. On this basis you agree and acknowledge that:

you shall not be entitled to any form of credit to or deduction from the Fee for any non-attendance or lack of usage of the Services on your part: and

the Fee is payable in full and non-refundable

In light of our clear refund terms set out above, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with the Services then you agree to contact us by email to [email protected] and allow us the opportunity to investigate and resolve your concerns. 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 agree to 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.

Late Payment

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

We shall be entitled to suspend delivery of the Services until payment has been made in respect of the outstanding amount; and 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 8% per annum over the Bank of Ireland’s base rate from time to time.

In the event payment is beyond 30 days overdue then we shall be entitled to terminate our agreement and instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.

Complaints or concerns

It is really important to us that you are entirely happy with your experience and the Services. In the event you have any complaints or concerns please let us know by email to [email protected] and allow 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.

Where you notify us of a complaint or concern then we will confirm receipt by email and follow our internal complaints handling procedure to investigate and deal with your complaint or concern.

We reserve the right to vary or re-perform the Services where we consider a concern is justified and in such case these Terms will apply to any re-performed Services.

Nothing in these Terms affects your statutory rights.

Guarantee and warranties

You agree and understand that using and accessing the Services does not guarantee any particular results or success. During delivery of the Services, you will be provided with access to information, resources, people and support all designed to benefit you but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on factors which are outside our control and save for the circumstances in clause 11.3, we are not able to guarantee that any particular results or success will be achieved.

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 you will achieve the same or similar results. Your individual success will depend on many factors, including your background, dedication, desire, and motivation which are all outside of our control and for these reasons we make no guarantee, representation or warranty with respect to the Services provided.

We are confident that through your engagement with and use of the Services that you will have the opportunity to create a financial return on your investment in our Services which is equal to or succeeds the Fee that you have paid. In the event that you do not create a financial return which is at least equal to the Fee paid by the end of 1 year in the program, as set out in Schedule 1, then we agree to provide you with further access to our services and/or support until you achieve a financial return which is at least equivalent to the Fee paid. The nature, frequency and type of services or support which we may offer or provide access to is at our discretion and may include access to materials, resources, Groups or other Content and will not include 1-1 support. To take advantage of this opportunity you will be required to provide evidence that you have fully engaged with the Services which includes, but is not limited to, attending all available Sessions, participating openly and fully in any Groups, accessing and completing any courses, handouts or similar resources or materials and undertaking any action that may be agreed between us as part of a plan or strategy. You will also be required to provide us with evidence of your income for the 12 months prior to the date of this Agreement and for the period during your access to the Services.

Term, Termination and Cancellation

Our agreement, which is subject to these Terms, shall begin when signed and it will continue until [the date set out in Schedule 1, unless it is terminated earlier in accordance with these Terms, or we agree in writing to extend.

You will have access for 12 months to the course, for as long as I continue to run Sixy School and guaranteed access for AT LEAST one year after you enrol. You will be granted access to the course’s content for as long as the course is live and offered.

We may cancel the agreement where we are unable to continue providing the Services for any reason. In such circumstances we will provide you with notice in writing along with a refund in accordance with clause 8.5 above.

Either of us may end our agreement on written notice to the other, with immediate effect if at any time:

one of us commits a material breach of these Terms and, where it is a breach capable of remedy, fails to remedy that breach within 14 days of being asked in writing to do so. Any request to remedy a breach must refer to this clause, provide full details of the breach and confirm that the agreement will be terminated if not remedied; or

either one of us becomes subject to bankruptcy or insolvency

Upon termination for any reason then:

your access to the Services and any private social media accounts, any Groups and any other online resources will be removed, unless we agree in writing otherwise and we will not be liable to you for any claims relating to the removal of that access;

any Fee or other monies owing to us will become immediately due and payable;

any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect; and you will upon request, return or destroy any Content or Confidential Information (as defined below), which belongs to us.

Termination for whatever reason will not affect either of our accrued rights, remedies, obligations and liabilities as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.

Events outside of our control

We will make every effort to deliver the Services to you but sometimes things may happen which are outside of our control (“Events”). Examples of Events can include, but are not limited to, acts of god, extreme adverse weather conditions, epidemics, pandemics, industrial action, lock down, war or threat or preparation for war, terrorist attack, any act or omission of a telecommunications officer or third-party supplier of services or serious illness or injury. If an Event happens which causes a delay to the delivery of the Services, then we will contact you as soon as we are able to confirm the details of the Event, the steps we are taking to mitigate the impact and when we expect to recommence delivery of the Services.

If an Event occurs which continues for longer than 3 months then either one of us shall be entitled to terminate this Agreement by providing 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to any of our rights in respect of any breach occurring prior to termination. We will not be liable for any loss or damage suffered by you as a result of any delay caused by an Event and any refunds will be considered at our discretion.

Confidentiality and Intellectual Property

The protection of confidentiality is very important to us and that is why when you disclose or share any information it will be kept strictly confidential.

Where we disclose any information to you, or where it is disclosed by a Client, you agree that the information belongs solely and exclusively to the person disclosing it and that you will keep it strictly confidential and not:

disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;

use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

The obligations above exclude any information that was already known to either of us before it was disclosed, or where it was already in the public domain, created by one of us, or provided separately by someone else without any breach of these Terms.

For the purposes of these Terms, Intellectual Property shall mean all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs.

As part of the delivery of the Services we may provide you with materials, information, tools, videos, resources, documents, workbooks, data and other content (“Content”). You agree and accept that all Content remains our confidential and proprietary Intellectual Property and belongs solely and exclusively to us. You will be permitted to use any Content in connection with your use of the Services but it should not be copied, modified, reproduced, sold, shared, distributed, published, licenced, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within these Terms constitutes a transfer of any Intellectual Property or a grant of a licence or any right to use unless expressly set out in these Terms or where we have provided our written consent.

You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content for your private and personal use in connection with your use of the Services and for the purposes the Services are intended for. Your Licence becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence.

You may not, without our prior written consent, make any audio or visual recordings of all or any part of the delivery of the Services. You agree that we may make recordings which may include your image, voice, name and likeness during the course of the delivery of the Services, if Sessions take place on systems that allow for recording. Recordings of any Sessions will only be made available to you for the purposes of learning and development in accordance with the scope of the Services. You shall not distribute or share any recordings of the Services provided to anyone else.

Your Personal Information

Any personal information you provide will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the EU GDPR, the UK GDPR and the (Irish) Data Protection Act 2018. We shall only process your personal information 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 Information please refer to our privacy notice which can be found at www.lisafox.ie.

As part of the delivery of the Services your image may be recorded in photographs, images or screenshots by us and shared on social media. By accessing the Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so at any time by emailing us at [email protected].

Any of our obligations arising under this clause and under clause 14 above, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), 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 it is necessary because we reasonably believe you are at risk of danger to yourself or others.

Reviews and Testimonials

If you share comments, information, content, photographs, graphics or images (“Client Content”) you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.

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

If you provide us with a testimonial, review or similar (“Review”) then by doing so you are providing your 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 may reasonably require to lawfully promote our business. You can amend your consent at any time by email to [email protected].

Liability

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

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 the Services where we are prevented due to an Event or another reason beyond our reasonable control; or

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

We warrant that the Services are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used.

Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.

Our entire liability to you shall be limited to the amount of the Fee paid by you at the time loss is sustained.

During the period that the Services are being delivered to you, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our business or our reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity for us or our business.

In the event a dispute arises in connection with the provision of the Services which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR mediator. You accept that any mediation will take place in Ireland in accordance with the Laws and regulations relating to mediation in Ireland. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action.

Contact between us

These Services shall be delivered by Lisa Fox Limited. Our registered business number is: 729146.

Should you wish to contact us then you can email us at [email protected].

If we need to contact you, we will use the email address you provide to us at the time you purchase the Services. If you change your contact email address it will be your responsibility to notify us so that we can update our records.

Any reference in these Terms to a notice shall mean notice in writing sent by email to the email address above. All emails will be taken as delivered 48 hours from valid transmission.

General

The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).

In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

These Terms represent the entire agreement between us and supersede all other negotiations, drafts, correspondence and discussions prior to you purchasing the Services.

You agree that we have made no other representations to you to induce you into purchasing the Services and we agree that no modification to our agreement shall be effective unless in writing and signed by us both.

This Agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

Applicable Law

These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by laws of Ireland and the Irish courts shall have exclusive jurisdiction to settle any dispute or claim.

Schedule 1

Service Description | Sixy STAR

Subject to you providing payment of the Fee, the Services shall be delivered as follows:

The Services provided as part of the 12 Month Programme package, are as follows:

Bi Monthly Q&A (6 annually) with Lisa Fox to be delivered virtually via Zoom or other meeting facility as we agree. Questions are to be submitted in advance of the session.

Access to the 6 core programs of Sixy School (Hotcake Offers, Marketing Mojo, Ecstatic, Show and Sell, The Confidence Queen Archetype Program and The Star Power Program) for 12 months.

Access to a database of pre-recorded trainings for 12 months.

Access to a private Facebook group community for 12 months.

Payment and Fee Details

The Fee for the Services is: €1,999 inclusive.

Payment Options:

Interest Free Payment Plan 2 monthly payments of €999.50

Interest Free Payment Plan 4 monthly payments of €499.75

*Above payment plans have interest applied

Payment Plan 6 monthly payments of €350

Payment Plan 12 monthly payments of €183

Payment Plan 24 monthly payments of €94

Payment can be made by stripe