Everyday Wellbeing
Terms and Conditions
TERMS OF PARTICIPATION
Please read carefully. By purchasing ‘Everyday Wellbeing: A How-To Guide for Real People’ product (“the Course”), the following Terms and Conditions are entered into by Miller & More Limited (t/a sidekick) (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms.
COURSE/SERVICE
The Company agrees to provide the Course identified in online commerce shopping cart. As a condition of participating in the Course, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The ‘Course Launch date’ is defined as the day the 'Welcome Module' is released.
As part of the Course, the Company shall provide the following to Client:
- A Password Protected Course Area: The Company shall maintain a Course Area that will include video, audio and written lessons, templates, worksheets, checklists, slide shows and other training and support information. You shall have access to this Course Area for as long as the Course Area exists, however no less than 70 days from the Course Launch date. In the event that Company intends to close the Course Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Course Area, which is what is referred to as “Lifetime Access” in our marketing materials.
- Bonuses – From time to time, the Company may offer bonuses to individuals who sign up for the Course, the cost of which will be incorporated within the Course Fee. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire duration of the Course and they vary depending on specific live and automated promotions throughout the year and the tier you are enrolled to.
DISCLAIMER
The Company’s Privacy Policy is hereby incorporated by reference. Except as modified by this Agreement, the Privacy Policy shall apply fully to your participation in the Course. The Privacy Policy can be found at courses.hellosidekick.co/privacy.
Client understands Hannah Miller (herein referred to as “Consultant”) and the Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not;
- procure or attempt to procure employment or business or sales for Client;
- perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
- act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy;
- act as a public relations manager;
- act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client;
- introduce Client to Consultant’s network of contacts, media partners or business partners.
Client understands that a relationship does not exist between the parties after the conclusion of this Course. If the Parties wish to continue their relationship, they shall execute a separate agreement.
FEES
In consideration of Your access to the Course, you agree to pay all fees quoted to you upon purchase. If you select a payment plan, you must pay the initial payment on the day of registration, and then your selected payment method will be automatically charged the following 2 payments on a monthly basis.
If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Course’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Course.
METHODS OF PAYMENT
If You elect for the payment plan, You hereby authorise the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your Course access will be removed.
If you do not request a refund within the terms of the Course with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
COOLING OFF PERIOD & REFUND POLICY
There is 14-day cooling off period from the date of purchase. This period allows an unconditional right to cancel. You will be required to make such a request in writing to us via email to [email protected] and will undertake to offer you a full refund if you notify us within 14 days from the date of purchase (not the Course Launch date) on condition that the Course has not been accessed in any way.
Any printed materials posted to you are non-refundable.
Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms and Conditions. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at [email protected].
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in these Terms & Conditions. As a condition of participating in the Course, you hereby agree to respect the privacy of other Course participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course unless you receive express written permission from such other participant to share the information. Similarly, the content of the Course contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Course with anyone other than the Company, it’s owners and employees, and other Course participants
The Company cannot be held responsible for any information that is shared contrary to the terms of these Terms and Conditions. If you share information provided by other Course participants as expressly prohibited by these Terms & Conditions, the Company will terminate Your access to the Course and the related services, and You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Course, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Course, is the intellectual property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are registered trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Course are the registered trademarks of their respective owners.
Your participation in the Course does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Course, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Course content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Course.
The Company content is not for resale. Your participation in the Course does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.
If you violate the Company’s intellectual property rights, your access to the Course will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Course, which provides education and information. The information contained in the Course, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
MISCELLANEOUS
The Company excludes all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Course and/or any information and resources contained in the Course. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Course.
The information, software, products, and service included or available through the Course may include inaccuracies or typographical errors. Changes are periodically added to the information in the Course. The Company and/or its suppliers may make improvements and/or changes in the Course at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Course for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by law, in no event shall the Company and/or its suppliers be liable for any losses, direct or indirect including, without limitation, loss of use, data, or profits arising out of or in any way connected with the use or performance of the Course, with the delay or inability to use the Course or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Course, or otherwise arising out of the use of the Course,
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Courses, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT AND GIFT EDITION
Client may not assign this Agreement without express written consent of Company.
The Client may purchase the Gift Edition of the Course on behalf of someone else through the Company website. In this circumstance, the Client is still bound by these Terms & Conditions even if purchasing the Gift Edition, but will receive no access to the Course. Instead, the Client will be sent one single-use coupon which will entitle their Gift Recipient to 100% off the price of the chosen tier of the Course. The Gift Recipient will be required to enrol in the Course, and accept these Terms & Conditions for themselves. The original Client is responsible for ensuring the Gift Recipient enrols before the Course Launch date and the single-use coupon and instructions are passed on in advance to their Gift Recipient.
MODIFICATION
Company may modify terms of these Terms and Conditions at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time, if You become disruptive to the Company or other Course participants, if You fail to follow the Course guidelines, or if You otherwise violate this Agreement, the Facebook Group Code of Conduct or the Graduates Facebook Group Code of Conduct. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Course and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Course. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Birmingham, UK.
EARNINGS DISCLAIMER
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Course, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
FURTHER CLARIFICATION
If you require further clarification on any of these Terms and Conditions, please contact [email protected].
Last Updated: 10 May 2022
