Effective Date: March 7, 2022
1. Introduction.
This is an agreement between Vanessa Lau International, Inc., a company incorporated in British Columbia, Canada (“Company”) and you, the “Client,” in order to access the “Program” (defined more fully below), which includes certain group strategy sessions with Company and Vanessa Lau, the Company’s “Coach.”
All sales are final for this Program. By clicking “Buy Now,” “Complete Order,” or any other phrase on the checkout page, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Program for which these terms appear, you agree to be provided with the Program created by Company and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):
2. Disclaimers.
A. No Guarantees – Company makes NO GUARANTEES about any success that you’ll get from the Program. Client understands that the Program has been carefully designed by Company for general educational, networking, and informational purposes only, with the goal of teaching Client new skills and providing Client with awareness of traditional business practices. Through the Program, the Company might provide guidance regarding general business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using Company’s services and purchasing access to 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 Program is at the Client’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.
Ultimately, Company will not be responsible or make any promises for what will happen in Client’s life and business. Even if you’ve worked with the Company as a client before and achieved certain results, Company makes no guarantee that any results will happen again. We cannot be any more clear about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever.
B.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, as well as provide Client with the opportunity to meet and engage with like-minded individuals and business owners. Through the Program, the Company 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) guaranteed individualized feedback or one-on-one coaching; 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) personal introduction to Client’s professional network and business relationships, notwithstanding the other Program members; 8) ongoing support in the form of email, Slack, Voxer or Facebook Group support.
The Program includes resources such as group coaching calls, which may include business and mindset coaching from Company and/or Coach. Client hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide said services may change in terms of style, technique and content. Company and/or Coach may use its own judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions, per the nature of said services.
C. Communication with Third-Parties. Company shall not be held liable, either directly or indirectly, for Client’s communication with any other student or third-party that may or may not be part of the Program. For instance, as part of the Program, the Company may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Client. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Client’s communication and/or collaboration with a third-party. While the Company will take reasonable measures to ensure there is no injurious communications inside the Program, it is the responsibility of all students to act with their own volition and discretion when communicating with others.
D. Zero Tolerance. By participating in the Program and executing this Agreement, Client hereby agrees to abide by all Company guidelines. These include a strict no self-promotion policy inside the Program as well as a non-solicitation policy. This is to ensure that the Program chat and/or other Program members do not get overwhelmed by self-promotional posts, which may take away from the Program content. This is also to protect other Program members and ensure that they are not solicited for unwanted services. Client is subject to the following program guidelines: 1) Anything that links directly to Client’s profile or services is not allowed; 2) All content posted must be original; copy/paste of captions or promotions is not allowed; 3) This is a safe space; no bullying, name-calling or harassment will be tolerated; 4) Absolutely NO POACHING Program clients in the comments or direct messages; 5) Do not direct message or friend request other members to the Program unless it is mutually agreed upon first; 6) This includes messages with promotions or general solicitation; 7) If there are complaints about unwanted solicitation of any kind, Client will be immediately removed from the group. Company will provide one (1) verbal warning to Client for any violation of the above policies. Thereafter, upon further incident, Client will be removed immediately with no refund and no money back.
Company employs a Zero Tolerance policy inside the Program as it pertains to harassment of Company representatives and/or other students inside the Program. “Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more. If Client or any other student harasess a Company member or other student inside the Program, Company will give one (1) warning to Client or the student to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Client or student from the Program and/or Course and block-list them (ie. ban them from future Company offerings) with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.).
E. Access to the Program. The Program will include group calls to take place via the third-party platform, Zoom Video Communications, Inc. (“Zoom”). 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. Company is not liable for any limitation of access to the Program caused by Zoom.
F. 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 or third-party (ie. other student) is qualified to offer the services they present. It is the sole responsibility of Client and all other students inside the Program to determine whether Client needs any qualifications, certificates, registrations, degrees, diplomas, or other requirements to carry-out the services that they purport to offer during or after completing the Course and/or utilizing 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 (including Client’s) are lawful.
G. Limitation of Liability and Indemnity. As a condition of your use of the 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 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 inside the Program, even if Company has been notified orally or in writing of the possibility of such damage. 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, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, a decision to communicate with any third-parties such as other students, 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
3. Program Overview + The Services
This Program includes the following:
- Exclusive access to six (6) one-hour non-structured group Zoom calls with Coach, to take place bi-weekly over a period of twelve (12) weeks, from on or about 18th May 2022 to 27th July 2022 (the “Calls”);
- Access to Call recordings; and
- Exposure to other businesses and business owners via the group call structure, where Client can network with other Program members and/or learn from other Program members’ questions.
Please note, the Calls do not adhere to a strict structure; the Calls are open for all Program members to attend to ask questions live. All Calls will be recorded and available for Client to re-watch for a period of one year. If Client cannot attend live, then Client may submit a question via this link no later than 24 hours prior to call in order to request for the question to be answered.
The Company and Coach cannot guarantee that all Program members’ questions will be answered during each call; the Coach will follow a first-come, first-serve process to answer questions during the Calls, giving preference to those Program members that attend live. This is to encourage live participation during the Calls.
The Company has the sole discretion to select the schedule for the Calls. The Program includes international members from across the world, with varying time zones. As such, the Company cannot guarantee that the Calls will be held at a time convenient for the Client. Calls will not be rescheduled just because the Call is scheduled for a time that is inconvenient for Client; in fact, Calls will not be rescheduled at all to accommodate any Program members’ schedules. This is a material term to the Agreement. Company does not offer discounts and/or refunds for the fact that Client cannot attend any or all Calls. Company provides Client with Call recordings to access and get questions answered, as many Program members have similar questions.
4. Payment
In order to qualify for access to this Program, Client must have purchased any of the following:
- A. Access to the Company’s core underlying product, the Bossgram Academy (aka “BGA”) at least two (2) times; OR
- B. Access to BGA for an extended period of four or six months; OR
- C. Specific access to this Program in the amount of nine hundred and ninety-seven dollars ($997.00 USD).
If Client accesses the Program via option C above, the following terms apply:
- i. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Program, regardless of what payment option Client selects at checkout. Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
- ii. If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days) or else Client forfeits his/her right to access the Program and/or Calls. In the event that a payment is not made within seven (7) days of the rebill date, then Company will suspend Client access to the Program with no money back. Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement. Client shall be liable for any costs Company incurs relating to collecting defaulted payments, including but not limited to legal fees.
- iii. The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. 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.
- iv. Company retains the right to ‘Blocklist’ you from accessing the Program as well as 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. If Client becomes Blocklisted from another Company program and/or offering, then Client shall also lose access to the Program immediately with no money back.In the event that Client wants to regain access to Company’s Course, Program(s) or other content after disputing a payment(s), Client agrees to pay the transaction fee (ie. charged by third-party Stripe) for each payment previously disputed.
- v. Company will not be held accountable for any foreign transaction fees charged by Client’s bank.
5. Refunds
All purchases are non-refundable. Due to the informational nature of our Program and content contained within, Company does not offer refunds to the Program. It is the Client’s responsibility to carefully review our checkout page and terms and conditions before purchasing, using, or accessing the Program. Client may not transfer Client’s obligations or rights under this Agreement to a third-party under any circumstances. Again, no refunds will be given simply because: 1) Client disagrees with Coach’s subjective teaching style and/or 2) Client cannot attend any or all Calls live.
6. Intellectual Property
A. Copyright. Canadian copyright laws protect all materials created by Coach and/or Company within the Program as original works. All materials belong to Coach 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. Company grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for Client’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 Programs or parts of the Program.
This is the grant of a license, not a transfer of title, and under this license Client shall not:
- modify or copy the Intellectual Property;
- use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
- 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/Clients/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 Program 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 to the Course and/or Program 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 and/or Course;
- Investigate Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. program, products, bonuses, etc);
- Block Client from accessing current and 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 current and future programs and products and will seek any extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.
7. Confidentiality
A. Group Program. Client acknowledges that this is a group program, with exposure to
other Program members and their businesses. This means that you may have access to sensitive, proprietary or other confidential information that is part of their business. As such, you agree to keep all information discussed inside the Program and the Calls confidential. In return, your information will likewise be kept confidential by other Program members.
B. Confidential Information & Non-Disclosure. Company takes pride in its proprietary information included in the 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.
C. 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 Community, 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 Coach. 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.
D. Non-Disparagement. Client agrees, during and/or after use of the Program, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s Program, business, services, products, or reputation.
8. 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 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 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. 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 payments made by Client to Company for the Program.
F. Execution. Client agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Program checkout page or by rendering first payment.
