BGA TERMS AND CONDITIONS

TERMS & CONDITIONS FOR ACCESS TO THE BOSSGRAM ACADEMY

Effective date: February 17, 2023

Welcome! 

Thank you for purchasing The BOSSGRAM Academy Program (“Program”).

All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Product for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with Program created by Vanessa Lau (“Owner”) in her capacity as Owner of Vanessa Lau International, Inc., (the “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):

Vanessa Lau International Inc. (“Vanessa Lau”) welcomes you. Please READ carefully. Your access and use of this Site and Program is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions.

1. Introduction.

Vanessa Lau International, Inc. (“Company”) is a company incorporated in British Columbia, Canada, which provides prospective and actual business owners with online courses and other educational materials. Company has created The BOSSGRAM Academy (“Program”) to educate Client on how to leverage social media to market online service-based businesses and sell Client services.

2. Disclaimers.

A. Website. The material appearing on the websites www.vanessalau.co, www.bossgramacademy.com, www.followerstoclients.com, vanessalau.mykajabi.com (“this Site”), is provided as either information about Vanessa Lau’s events, people, the Program or stories & is a platform for online connection and community. The owner of this Site (Vanessa Lau) and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site. Any information by or on this Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, you accept and agree that following any information or recommendations provided therein is at your own risk.

B. No Guarantees. Company makes NO GUARANTEES about any success that you’ll get from our Site or our courses, such as Program, or any of our free offers. Client understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Client new skills and providing Client with awareness of traditional business practices. By using Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.

Client hereby acknowledges that Client is solely responsible for the amount and type of income that Client generates by implementing techniques and advice provided by Program. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Client with a lucrative business. Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision.  

C. Scope of Services. The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that the Program is created to help Client learn new skills and assist Client with finding their own direction. The Program may offer guidance regarding business decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves.

This Program does not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Client; 3) performing any business management services for Client, such as accounting, operations, research, or development; 4) life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Client’s professional network and business relationships; 8) Program updates or revisions; and/or 9) Customer Support or access to Vanessa. 

D. Delivery of Program. This Program may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Program if reasonably required by the prevailing circumstances as determined by Company. Access to this Program is currently hosted through Kajabi, LLC. (“Kajabi”), a third-party platform. Company is not liable for any limitation of access to the Program caused by Kajabi or any other third-party used to assist Company with the delivery of this Program to Client.

E. Certifications and/or Other Requirements. As part of this Program, Company encourages individuals and/or business owners to enter into the online education space for topics they are reasonably qualified to teach on or assist with, or to otherwise provide services they are skilled to provide. Due to the educational and informational nature of this Program, the volume of students that enter into the Program, and the international scope of the Program’s availability on the internet, it is not the responsibility of Company to determine whether a Client is qualified to offer the services they present. It is the sole responsibility of Client to determine whether they need any qualifications, certificates, registrations, degrees, diplomas, or other requirements to carry-out the services that they purport to offer during or after completing the Program. This is a material part of this Agreement as it is categorically impossible for Company to monitor all students’ past, present and future behaviors, as well as international and local laws, regulations, and other requirements to ensure that a student’s actions are lawful.

F. Customer Support. Company has developed a proprietary system that has supported over 7,000 clients. As the program has been discontinued, the Program is 100% self-guided and self-paced and does not provide access to a Customer Support team or Vanessa.

3. Intellectual Property.

A. Copyright. Canadian copyright laws protect all materials created by Owner and/or Company on the Site and within the Program as original works. All materials belong to Owner and/or Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

B. Non-Exclusive License. If Company provides Intellectual Property on the Site and/or within the Program that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use.

Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Program is for their single individual use. Client shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.

This is the grant of a license, not a transfer of title, and under this license Client shall not:             
    1. modify or copy the Intellectual Property;
    2. use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
    3. share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.
If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
    • Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
    • Copying any of Company’s Product content and/or material for Client’s commercial use;
    • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.

C. Infringement of Intellectual Property This license shall automatically and immediately terminate if Client violates any of the restrictions regarding Company’s Intellectual Property. Upon Company’s suspicion that Client violates any of the above Intellectual Property restrictions, Client’s access may be terminated by Company at any time. 

Suspicion includes, but is not limited to: 

    • identification of Client content that is based off of Company’s proprietary framework;
    • identification of Client content that is almost identical and/or confusingly similar to Company’s content; 
    • notice from third-party of confusingly similar content between Client and Company.

Upon terminating Client’s license, Client must destroy any downloaded materials in Client’s possession whether in electronic or printed format.

In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to Company, Company reserves the right to:

    • Immediately remove Client’s access to the Program;
    • Investigate Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. courses, programs, etc);
    • Block Client from accessing future programs or content belonging to Company;
    • Recover all funds expended on investigating Client’s infringement of Company’s Intellectual Property, including (and especially) legal fees, administrative costs for Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement,

If Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future programs and will seek any extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights. 

4. Programs Overview.

A. Program Access. Clients receive unlimited access to the Program for the lifetime of the Program’s availability.

B. Course Bonuses. At the time of purchasing and enrolling in the Program, Client will receive access to the Program core curriculum as well as core bonuses from the Company and third-party contributors (hereinafter referred to as the “Bonus Bundles”). Client shall receive access to Program and the core Bonus Bundles for the lifetime of the Program and/or its individual offers inside the Bonus Bundles, whichever is shorter. 

C. Course Updates. Client understands that course updates and revisions are not included considering the Program has been discontinued.

5. Indemnification.

A. Limitation of Liability and Indemnity. As a condition of your use of the Site and/or Program, Client hereby indemnifies Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site and/or Program. In no event shall Company or its agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site and/or Program, even if Company has been notified orally or in writing of the possibility of such damage.

B. Client Decisions. Client hereby acknowledges that Company is not liable for any injuries that may arise from Client’s actions, omissions, or decisions based off Customer’s participation in this Program or use of this Program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Program.

C. Links to Third Party Websites. This Site may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of Company. Company  is not responsible for the content contained in any related website, nor for any losses or damages you may incur due to the use of any such website. Company accepts no liability for any errors or omissions contained in third-party websites. Company provides these links to improve your use of the Program, enable you to connect with Company and Owner on various platforms, and help Company offer the most accessible services for Client and conduct transactions.

6. Confidentiality.

A. Confidential Information & Non-Disclosure – Company takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

    • Any systems, sequences, processes or steps shared with Client;
    • Any information disclosed in association with this Agreement;
    • Any systems, sequences, processes, or trade secrets in connection with the Program or Company’s business practices.

B. Testimonials – Company also agrees to protect Client’s personally identifiable information. However, from time to time, Company may use general statements about Client’s  success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Client agrees to Company sharing Client’s success stories as testimonials in any matter across any media at the sole discretion of Company.

By signing up for the Program, Client grants Company permission to use any testimonials in our marketing materials and/or any promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Instagram stories, public posts or posts inside our Facebook groups, and direct messages with Company and/or Owner. Company will blur last names on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.

C. Non-Disparagement – Client agrees, during and/or after use of Product, to refrain from making any false, derogatory or untrue statements, whether oral or in writing, that are injurious or otherwise negatively impact Company’s Product, business, services, products, or reputation.

7. Payments.

A. Payment Plans. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product up-front.

B. Chargebacks. The Client shall not threaten or make any chargebacks to the Company’s account. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

C. Blocklist + Disputed Payments. Company retains the right to ‘Blocklist’ you from accessing all materials, courses, or other products or services Company offers in the event that Client does not pay Client’s outstanding balance, dispute Client’s payments, or if Client misappropriates any of Company’s Intellectual Property.

D. Foreign Fees + Taxes. Company will not be held accountable or liable to pay any foreign fees or additional fees that are outside company’s control, including but not limited to forge in transaction fees charged by Client’s bank, exchange rates, VAT or local taxes, etc.

8. Refund Policy.

A. Non-Refundable. Due to the digital nature and discontinuation of this Product, Client’s purchase of the license to access Product is non-refundable and non-transferrable. All sales are final.

9. Miscellaneous.

A. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Company linked to these terms and conditions or contained on this Site constitutes the entire Agreement between you and Company relating to your use of this Site and/or Program and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.  This Agreement may not be amended or modified except by Company.

B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C. Modifications. Company may revise these terms of use for its website at any time without notice. By using the Site and/or Program, you are agreeing to be bound by this Agreement.

D. Governing Law. Company is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of the Province of British Columbia, Canada.

E. Arbitration. Any disputes arising under this Agreement shall be resolved through a binding arbitration.

F. Maximum Damages. Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.

G. Execution. Client agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.

With Love, 

Vanessa Lau

 

Last Updated: February 2023