Disclaimers, Terms and Conditions of Use

Last Updated and Effective Date: 27th February 2023

1. Introduction

1.1 Welcome to our website. If you access, use, or continue to browse this website and/or website services, you are agreeing to accept and comply with and be bound by the following Disclaimers Terms and Conditions of Use (“terms and conditions”) in full, which together with our Privacy and Cookie Policy shall govern your use of our website. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.2 In these terms and conditions, "we", "us" and "our" refer to JAM Internet Marketing Ltd who owns, operates and manages https://thebestyouprogramme.com website (hereinafter referred to as "our website"). For more information about us, see Section 20.

1.3 If you register with our website, submit any material to our website or use any of our website services, you expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 We hold all our visitors to our website, prospective customers and customers in the highest regard and we would not knowingly do anything to deceive or mislead you, we dislike all spam and will not spam you (see section 6.0). We will always make reasonable efforts to present information on our website to be as accurate and as UpToDate as possible and all testimonials are from real people.

1.6 Our website uses cookies, please see Section 14 to 17 (inclusive) of our Privacy and Cookies Policy for details, a link to our Privacy and Cookies Policy can be found in the Footer section of all and any of our website static pages and/or posts.

2.0 General Disclaimer

2.0.1 Building any type of business takes time and requires consistent hard work and commitment and to be successful in any business usually requires an additional element of good fortune, of being in the right marketplace, in the right location, with the right information and/or right product and/or right service, at the right time and at the right price point.

2.0.2 For the avoidance of doubt we do not subscribe to or promote any form of a no effort required push button instant success information product or service or any ‘get rich quick’ scheme or system that you may have seen promoted elsewhere. Even if such instant success information products or services or any ‘get rich quick’ scheme or system actually exists and works our beliefs and principles are that they are most unlikely to provide you with a successful and long term sustainable business. If you are looking for any such instant success information products or services or any ‘get rich quick’ scheme or system we respectively ask that you do not continue to use our website.

2.0.3 Our own experience has shown us that by carefully choosing and committing to follow, study and learn from, adopt and apply, the strategies, methodologies, ideas, systems, information and techniques, products or services used by those who are already successful in whatever area of business or personal development you are wanting to be successful in, you are able to make a significant step forwards towards achieving success in your business and save yourself endless amounts of wasted time and effort and cost and the burden of attempting to figure out and then to implement all of the various elements required to achieve a successful online business.

2.0.4 Whilst therefore we would encourage you to do the same (as 2.0.3) you must always undertake your own due diligence and ensure that you appropriately validate what is being studied, learned, adopted and applied, are valid and applicable to you or your business and your required results and/or success and take advice from appropriately qualified and experienced professionals as required and necessary, before you embark on any course of action or making any purchase or commitment or investment of any kind including, but not limited to, any information product or service provided or offered on our website or services or that of any third party or affiliates or licensors via any link from our website and/or services.

2.0.5 However for the avoidance of doubt there is NO GUARANTEE that employing the exact same strategies, methodologies, ideas, systems, information, techniques, products or services will produce the same results for you or indeed any results at all, please read carefully the Earnings, Income, Results disclaimer below.

2.0.6 By using our website or services you acknowledge and agree that any information or advice provided by us does not constitute financial, legal, or health and fitness advice or advice of any other regulated industry, nor does it create a warranty or guarantee of any kind and you acknowledge that you should consult an appropriate professional for specific advice tailored to your personal situation or requirements or needs.

2.0.7 This disclaimer and all variants thereof within our terms and conditions apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms and conditions or your use of our website or our information, products or services.

2.0.8 The information on our website is intended to be for your educational or entertainment purposes only and shall not be interpreted as presenting you with a business opportunity or with any form or kind of distributorship.

2.1 Earnings, Income, Results Disclaimer

(as disclosed and accessed separately from links titled ‘Earnings/Income/Results Disclaimer’ in the footer section of all of our website static pages (solely for your convenience and compliance) and for the avoidance of doubt they form an integral and essential part of our Terms and Conditions of Use policy)

2.1.1 Notwithstanding the generality all of the aforestated in this section, every effort has been made to accurately represent information on our website or services from time to time on our website or in our newsletters, training courses, reports, information, eBooks, products or services (collectively “our content platforms”) we may provide exemplars or examples or case studies or experiences or results from ourselves or our students or other successful marketers or third party or affiliates or licensors that we know and trust, or students thereof (via links from our content platforms to third party or affiliates or licensors), which make reference to potential monetary earnings or income or results or financial returns (collectively “exemplars and examples”).

2.1.2 Regardless of whether or not our content platforms may relate to opportunities to acquire or participate in or to purchase various, training, courses, reports, information or business related tools (software and the like), strategies, ideas, methodologies, systems, techniques, products or services (collectively “the content materials”) any earning or income potential or results figures stated or otherwise provided are anecdotal and provided by us or to us by the respective party or individual sharing the information and we have not performed any independent verification of any such figures or results or statements or claims made by the party or those individuals and they must not and shall not be interpreted or construed by you in any way or under any circumstances as being a promise or guarantee or representation that you may, or may not, achieve similar or the same results or outcomes even if you follow exactly the content materials. We do not purport the content materials as a ‘get rich quick’ scheme.

2.1.3 For the avoidance of doubt we do not subscribe to or promote any form of a no effort required push button instant success information product or service or any ‘get rich quick’ scheme or method or system that you may have seen promoted elsewhere. Even if such instant success information products or services or any ‘get rich quick’ scheme or system actually exists and works our beliefs and principles are that they are most unlikely to provide you with a successful and long term sustainable business. If you are looking for any such instant success information products or services or methods or any ‘get rich quick’ scheme or system we respectively ask that you do not continue to use our website.

2.1.4 You should note and comprehend fully the reality and importance that the vast majority of people will earn nothing (or if they earn anything this may be so small it may not cover any initial purchase cost) as a result of purchasing or investing in the content materials, or any such similar materials, and that past performance cannot be an indication of possible future performance or results.

2.1.5 The sole purpose of these exemplars or examples and case studies or results is to demonstrate what other people or businesses have achieved and are in no way representative or are any kind of prediction or forecast or suggestion of what your results will or might be, even if you follow exactly the content materials. You should always remember that it is Impossible to predict what, if any, results you may achieve and you accept fully the risk that the earnings and income or results statements will differ by each and every individual including you.

2.1.6 All testimonials or earnings or income potential or other such monetary statement or results examples or exemplars are exceptional results achieved by us or successful marketers or affiliates or their students that we know and trust and are not intended to represent or guarantee or suggest that anyone can or will achieve the same or similar results.

2.1.7 As in any business individuals results will vary and your results using the content materials will be unique to you and highly dependent upon, but not limited to, your level of capability or skill or talent, experience, knowledge, expertise, your need or level of desire or motivation and commitment your level of participation and energy and effort exerted and any variability or vulnerability in market conditions. Therefore, there are absolutely no warrantee or warranties or guarantee or guarantees provided or implied whatsoever concerning the level of success you may or may not experience or achieve by using the content materials.

2.1.8 Materials on our website or in the content materials may contain information that includes or is based upon forward-looking statements that give our expectations, or others expectations, of forecasts of future events and all such forward looking statements or any other such materials are merely intended to express an opinion of potential earnings or income or results and should not in any way be relied upon. You should always do your own appropriate suitable and sufficient due diligence, taking appropriate advice from professionals as required, before embarking on any course of action or making any purchase or investment of any kind including the content materials.

2.1.9 The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for any success or failure or result or negative consequences or damages or potential damages or potential negative direct or indirect consequences to you or to your business that is directly or indirectly related to any purchase or commitment or use of the content materials.

2.2 Limited Warranties and Disclaimer of Warranties

2.2.1 You specifically acknowledge and agree that your use of our website or services are at your own risk. Anything available via our website or services may include inaccuracies or typographical or other errors or inaccuracies. We make changes periodically to the information on and available via our website and services and the content materials.

2.2.2 Whilst we try hard to ensure that the information on our website or services including without limitation any links or hyperlinks to any third party, affiliate or licensors, or the content material (see Section 12 - linking policy) are correct or correctly referenced to the appropriate research source document, information, product or service, or third party or affiliate content or the content materials, for the avoidance of doubt anything contained on or in our website and/or services, and our website and services themselves in their entirety (collectively “the entirety of our website and services”), are provided on an “AS IS” and “AS AVAILABLE” basis and you agree to use the entirety of our website and services at your sole risk, and with regards to the entirety of our website and services, or any part thereof, neither we or any of our selected third party or affiliates or licensors make any representation or warranty or conditions or guarantee:

(a) of any kind whether express, implied, statutory or otherwise and disclaim to the fullest extent permitted by law all warranties including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, performance, non-infringement and/or the use of reasonable care and skill;

(b) the information, product or service, or third party or affiliate content or the content materials are complete or accurate or correct or without error or otherwise up to date;

(c) that the entirety of our website and services or any part thereof will operate without fault or be uninterrupted, be available at any time or from any location, to function as intended, is reliable, is sufficiently responsive or otherwise timely in its technical performance, or is secure or error free or free from viruses or other harmful or malicious software or scripts or components;

(d) that the entirety of our website and services or any part thereof will remain available; and/or

(e) the information, product or service, or third party or affiliate content or the content materials is of satisfactory quality or suitable or appropriate or fit for any particular purpose.

2.2.3 We reserve the right to discontinue or alter or to stop publishing any part of our website or all of our website or any part of or all of our website services, at any time in our sole discretion without notice or explanation; and, save to the extent expressly provided otherwise in these terms and conditions and we specifically and expressly exclude, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of or if we stop publishing any part of our website or all of our website or any part or all of our website services.

2.2.4 To the maximum extent permitted by applicable law and subject only to Section 2.3.01, we specifically and expressly exclude all representations and warranties and guarantees relating to the subject matter of these terms and conditions, our website or services or any part thereof and the use of our website or services or any part thereof.

2.3 Limitations and Exclusions of Liability

2.3.01 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

2.3.02 The limitations and exclusions of liability set out in this Section 2.3 and elsewhere in these terms and conditions:

(a) are subject to Section 2.3.01; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

2.3.03 To the extent that our website and the information and services on our website and the entirety of our website and services are provided free of charge, we will not in any circumstances be liable for any loss or damage of any nature.

2.3.04 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

2.3.05 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

2.3.06 We will not be liable to you in respect of any loss or damage or corruption of any data, database or software, or any damage or corruption or harm to your computer or network equipment or servers or the deletion or failure to store, the untimely delivery of any information or materials or third party or affiliate content.

2.3.07 All, information, content, commentary and any links or hyperlinks to, or on, our content platforms or exemplars and examples or our content materials or on or in the entirety of our website and services are not intended to be or to be taken to be or construed to be in any way as advice, or in any way any form of recommendation on which reliance should be placed, and you acknowledge and accept fully, along with anyone who may be informed by you directly or indirectly, that we disclaim in full all liability and responsibility arising from any reliance placed on our content platforms or, exemplars and examples, or our content materials or on or in the entirety of our website and services. For the avoidance of doubt we will not in any circumstances be liable for any loss or damage of any nature arising from any reliance placed on our content platforms or exemplars and examples or our content materials or on or in the entirety of our website and services.

2.3.08 We will not be liable to you and expressly exclude liability in respect of any special, indirect or consequential loss or damage; furthermore we and any of our third party or affiliates or licensors, to the fullest extent permitted by law, expressly exclude liability for any direct, indirect, punitive, incidental, special or consequential loss or damage due to the use of, or inability to use, our website or services or third party or affiliate links or affiliate content or the entirety of our website and services including without limitation, any loss or potential loss of business, loss of or damage to profits, income, revenue, use, production or goodwill.

2.3.09 We and any of our third party or affiliates or licensors, to the fullest extent permitted by law, expressly exclude liability for any other loss or damage however arising of any kind including any matter of, or alleged matter of, tort or breach of contract, strict liability or negligence, and where any jurisdiction prevents or does not allow such exclusion or limitation of this liability or of aforesaid direct or indirect or incidental or consequential loss or damages in Section 2.3.08 our limitation of liability will still apply to the maximum extent permitted by applicable law.

2.3.10 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

2.3.11 Where our website or services or affiliate links or affiliate content relates to any health and fitness or weightloss information, advice, product or programme, this is intended strictly only as information that you will use at your own discretion and entirely at your own risk having consulted first with your own personal or family physician (doctor) or other suitably qualified and certified and experienced healthcare provider, and you accept and agree fully that neither we or any of our third party or affiliates or licensors will be held liable to you or others in any way or in any circumstances, and without limitation, for any injury or any other liability or damage or loss that may arise or occur from using our website or services or any third party or affiliate links or affiliate content.

2.3.12 You agree and accept that your sole and exclusive remedy relating to the use of any of the third party or affiliate links or affiliate content from our website or services or content platforms shall be to discontinue using the third party or affiliate links or affiliate content.

2.3.13 You further agree in respect of any product or service purchased by you through our website or services that if found to be defective, or any other issue or problem is found, that and unless otherwise clearly stated your sole remedy shall be to return the aforementioned product or service for a refund in accordance with the relevant purchase terms and conditions of these terms and conditions within a 30 day period of purchase.

2.3.14 You agree and accept that we do not have any control over any linked third party or affiliate or licensors content and are not responsible for the accuracy or reliability of any statement or opinion or advice from any such linked third party or affiliate or licensors content and that you agree it is your responsibility to check and validate such linked third party or affiliate or licensors content and to otherwise satisfy yourself fully on all matters relating thereto or arising from and to be subject to the applicable third party or affiliate content or licensors providers terms and conditions and you accept fully that we have no obligation to verify the identity of any person subscribing to our website or using our website or services and we decline all and any liability whatsoever for any identity theft or misuse of your identity or your information even if we knew or should have known or if in any other way this was foreseeable. You should seek the advice of a practicing and appropriately qualified and experienced professional before making any judgement or placing any reliance on any information or advice or statement or the content from any linked third party or affiliate or affiliate content or the content materials.

2.3.15 By using our website or services, subject only to Section 2.3.01, to the fullest extent permitted by law, you release us from any and all liability with regards to the information, advice, products or services provided to you or how or what you subsequently choose to do with them.

2.4 Affiliate Disclaimer

(as disclosed and accessed separately from links titled ‘Affiliate Disclaimer’ in the footer section of all of our website static pages (solely for your convenience and compliance) and for the avoidance of doubt all such links and the content they link to or reference shall form an integral and essential part of these Terms and Conditions of Use policy)

2.4.01 We and our website are independently owned and operated, we do not receive any sponsorship and we try hard to ensure transparency in all that we do.

2.4.02 Therefore, for the avoidance of doubt, our website shall from time to time contain links or hyperlinks to carefully selected and relevant affiliate products, research documents, information, training or coaching courses, plug-ins, software and tools or services (collectively “affiliate content”) and if you choose to click on any of those links or hyperlinks (“affiliate links”) and make a purchase we may (in some cases) earn or otherwise receive a commission.

2.4.03 The potential commission we may earn or receive can range from a few cents (or pence) for an eBook to (in some less frequent cases) a more significant percentage of the amount paid by you for affiliate content, for example we may typically earn a $3 commission on a $49 product.

2.4.04 In all cases the amount paid by you remains exactly the same (in this example $49) our commission is paid by the product creator, owner, promotor, publisher or merchant.

2.4.05 For the avoidance of doubt we would respectfully advise you that you should assume all links and hyperlinks on our website are affiliate links, just to be on the safe (or pessimistic) side.

2.4.06 Any commissions earned or received go towards our website investment and operating costs and we genuinely appreciate your support and contribution, thank you.

2.4.07 Our investment and operating costs include things like ongoing domain registration, designing and creating the website with graphic designers and image purchase costs, page builder annual subscriptions, server hosting, sales copy fees, legal documents and fees, research fees and document registration and publishing costs, backup storage and maintenance costs, advertising and promotional fees, etc.

2.4.08 Please note that we have not been given any free products, services or anything else by any company in exchange for referencing, linking or mentioning them on our website. The only benefit or consideration to us is in the form of the aforestated affiliate commissions.

2.4.09 Affiliate links on our website are provided for your convenience and consideration only. We only promote affiliate content to complement our own information, products, services that we use ourselves or have researched, investigated or reviewed and genuinely feel offer you a better proven solution with higher quality and value than we could develop ourselves with the resources that we currently have available to us.

2.4.10 Any views or opinions expressed or product or service rating on our website are exclusively our own unless specifically and clearly otherwise stated and in all circumstances we will always provide an honest and truthful unbiased opinion and will never be influenced by any commission fee we may or may not receive.

2.4.11 Please note that such affiliate links and arrangements are very common practice and you will find literally millions of high quality products and services across the worldwide web that use affiliate links and related systems as part of their normal business operations, if you wish to better understand how Affiliate Online Marketing works here is a link to a formal guide at https://www.asa.org.uk/advice-online/affiliate-marketing.html.

2.4.12 If you have any questions regarding any matter arising from this affiliate disclaimer please do not hesitate to contact us using our ‘Contact Us’ page, you will find a link to this in the header and/or footer sections of all of our static website pages, or using one of the contact methods and details provided at the end of our Terms and Conditions of Use policy.

2.4.13 We participate in the Amazon EU Associates Programme and/or Amazon Services LLC Associates Program, an affiliate advertising programme which is designed to provide a means for sites to earn advertising fees by advertising and/or linking to Amazon.com or Amazon.co.uk. Amazon offers a small commission on products sold through their affiliate links.

2.4.14 Other examples of affiliate content from our affiliate links are Inspire3, Namecheap Domain registration and hosting, Thrive Themes and ThriveCart, Clickbank, Clickfunnels, Affiliate Tube Success, etc.

2.4.15 In the rare event that you should see an advertisement on our website this may be owned by a third party and we may or may not receive a commission or payment for you clicking on that advertisement regardless of whether or not you should subsequently choose to purchase any product or service from the third party.

2.4.16 Any affiliate content from an affiliate link from our website must be verified by you with the third party (affiliate content) provider before you decide to purchase any such affiliate content and you accept fully that you are entering into a separate contract with the third party affiliate and will be subject to their terms and conditions and you do so entirely at your own risk.

2.4.17 Please carefully note before purchasing any affiliate content that you agree to accept fully that we do not have any control or influence over any such third party terms and conditions.

2.5 Disclaimer of Affiliate Warranties

2.5.1 All affiliate content that is accessed from affiliate links on our website and the affiliate links themselves are provided for your convenience and consideration only and are provided on an “AS IS” and “AS AVAILABLE” basis and you agree to use all such affiliate links and affiliate content at your sole risk.

2.5.2 Neither we or any of our selected third party or affiliates or licensors make any representation or warranty or guarantee of any kind whether express, implied, statutory or otherwise and disclaim to the fullest extent permitted by law all warranties including but not limited to any implied warranties of title, merchantability, suitability or fitness for a particular purpose, satisfactory quality, and non-infringement.

2.5.3 We or any of our affiliates or licensors do not warrant or make any representation that our website or third party or affiliate links or third party or affiliate content will continue to be provided, be uninterrupted, be available at any time or from any location, to function as intended or described, is accurate, is consistent or reliable or correct, or is secure or error free or free from viruses or other harmful or malicious software or scripts or components, or that affiliate links or affiliate content will be corrected or otherwise remedied.

2.5.4 Where our website or affiliate links or affiliate content relates to any health and fitness or weight loss information, advice, product or programme, this is intended strictly only as information that you will use at your own discretion and entirely at your own risk having consulted first with your own personal or family physician (doctor) or other suitably qualified and certified and experienced healthcare provider, and you accept and agree fully that neither we or any of our affiliates or licensors will not be held liable to you or others in any way or in any circumstances, and without limitation, for any injury or any other liability or damage or loss that may arise or occur from using our website or services or affiliate links or affiliate content.

2.6 Limitation of Affiliate Liability

2.6.1 We or any of our affiliates or licensors, to the fullest extent permitted by law, expressly exclude liability for any direct, indirect, punitive, incidental, special or consequential loss or damage due to the use of, or inability to use, our website or affiliate links or affiliate content including without limitation any loss or potential loss of business, profits, income, revenue, goodwill, the deletion or failure to store, untimely delivery of any information or materials or affiliate content, any reliance you should place upon the information published on our website or referenced on or linked to or from our website or services or our content platforms, any damage to your computer or network equipment or servers, or any other loss or damage however arising of any kind including any matter of or alleged matter of tort or breach of contract, strict liability or negligence, and where any jurisdiction prevents such limitation of aforesaid incidental or consequential loss or damages these will still apply to the maximum extent permitted by applicable law.

2.6.2 You agree and accept that your sole and exclusive remedy relating to the use of all or any of the affiliate links or affiliate content shall be to discontinue using the affiliate links or affiliate content.

2.7 Medical, Health and Fitness and Weight Loss information disclaimer

2.7.1 No advice

2.7.1.2 Our website or services or our content platforms (see Section 2.1.1) may contain general medical, health and fitness and/or weight loss information.

2.7.1.3 The medical, health and fitness and weight loss information is not advice and should never be treated or construed as such and is provided solely for education and entertainment purposes.

2.7.2 No warranties

2.7.2.1 The medical, health and fitness and weight loss information on our website, or referenced on or linked to or from our website or our content platforms, is provided without any representations or warranties or guarantees, express or implied.

2.7.2.2 Without limiting the scope of Section 2.7.2.1 and Section 2.3.11 and Section 2.3 in its entirety and for the avoidance of doubt, we do not warrant or represent or guarantee that the medical, health and fitness and weight loss information on our website, or referenced on or linked to or from our website or services or our content platforms:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

2.7.3 Health and Fitness and Weight Loss information

2.7.3.1 You acknowledge that all exercise and weight loss programmes and activity involves a risk of personal injury or harm, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise or weight loss programme that you may undertake, whether or not such exercise or weight loss programme uses the health and fitness and/or weight loss information published or referenced on our website or services or linked to or from our website or our content platforms.

2.7.3.2 If you are pregnant or suffer from any medical or physical condition or disability, you should not make any changes or adjustments to your diet, nutrition, lifestyle, activities or exercise programmes based on the health and fitness and/or weight loss information published or referenced on our website or services or linked to or from our website or our content platforms without first consulting your doctor or another suitably qualified professional or other appropriate and qualified healthcare provider.

2.7.4 Medical assistance

2.7.4.1 You must not rely on the information on our website or services, or referenced on or linked to or from our website or our content platforms, as an alternative to medical advice from your doctor or other appropriate professional healthcare provider.

2.7.4.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

2.7.4.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

2.7.4.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website or services or referenced on or linked to or from our website or our content platforms.

2.8 Interactive features

2.8.1 Our website includes interactive features that allow users to communicate with us.

2.8.2 You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

2.8.3 Any assistance you may receive using any of our website's interactive features does not constitute specific advice and accordingly should not be relied upon by you or any other person without further independent verification and confirmation from a suitably qualified and appropriate professional.

2.9 No liability

2.9.1 Subject to Section 2.3.01 and Section 2.3.11 of these terms and conditions and for the avoidance of doubt we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence of your reliance upon the information published on our website or services or referenced on or linked to or from our website or website services or our content platforms.

3. Copyright notice

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in or on our website and the material on our website and our content platforms; and

(b) all the copyright and other intellectual property rights in our website or services and the material on our website and our content platforms are reserved and protected by copyright laws and treaties around the world.

4. Permission to use website

4.1 You may on a temporary basis:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not in any way systematic or repetitive or excessive;

(d) stream audio and video files from our website for your own personal and non-commercial use; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or other provisions expressly permitted by these terms and conditions, you must not download any material from our website or save any such material to your computer or electronic device including, but not limited to, your mobile phone, tablet or other storage device.

4.3 You may only use our website for your own personal study and research purposes; you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material (including but not limited to all text, graphics, images, audio material, video material, audio-visual material, scripts, software, files, design, content, layout, format, look and feel) you must not without our express prior written permission:

(a) republish any material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our free newsletter (free non-membership version only) and/or our free reports or free eBooks, provided always that such free newsletter and/or free report and/or free eBook is clearly stated as being free within its title or edition heading and any linking to our website or services contained therein survives and remains unaltered is not changed or otherwise removed, and you can do so in print and electronic form and to any natural person.

4.7 We reserve the right to suspend or restrict access to our website, to areas of our website or the whole of our website and services and/or to the functionality in part or in whole of our website and services, for example, we may suspend access to the website during server maintenance or when we update the website. In all circumstances and regardless of the reason for any suspension or restriction of access to our website or services or part or parts thereof, you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website or services.

4.8 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in Section 4 in any way, we may entirely at our discretion suspend or restrict your access to our website, to areas of our website or the whole of our website and services and/or to the functionality in part or in whole of our website and services and require you to return to us entirely at your cost any printed material or content and to permanently delete all digital copies made including any backup copies in all locations and on all devices or storage mediums and/ we may at our discretion delete, unpublish or edit any or all of your content placed on our website or services or any part thereof.

5. Misuse of our website

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website or any software or hardware or network equipment that our website uses or is hosted on;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, time-bombs, worms, keystroke logger, rootkit or other malicious or harmful computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

(m) use our website to send or transmit any unsolicited or unauthorised advertising or any promotional material or content, messages, links, text, phishing email or spam (see also our Anti-spam Policy in Section 6.0 below) or any other form of unsolicited or unauthorised content;

(n) do anything that interferes with the normal use of our website; or

(o) attack or attempt to attack our website via any form of denial-of-service attack.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure and warrant to us that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.4 Although we employ industry standard malware and virus automatic scanning and quarantine software for the avoidance of doubt we will not be liable to you for any loss or damage or alleged loss or damage caused by any form of denial-of-service attack or attempted attack or any other harmful material or software or virus or script that may infect your computer or software or network equipment as a result of you using our website or services or from you downloading any material on our website or using any service or any links from our website.

5.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have in any way breached these terms and conditions in this Section 5, you may have committed a criminal offence (Computer Misuse Act 1990 and/or Data Protection Act 2018 or their equivalent and/or successors) and you should be aware that we would have to report such a breach to the relevant enforcement authority or agency and cooperate with them fully including but not limited to disclosure of your identity.

5.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have in any way breached these terms and conditions or if you otherwise misuse our website or website services, upon a request from us you agree to defend, indemnify and hold harmless us and our website and website services and any partnered third party or affiliate or licensor and their agent, employees, officers, directors, contractors and consultants from any and all liabilities, claims, fees and expenses including legal representation and solicitors fees that reasonably arise from or relate to such misuse by you of our website or website services.

6. Anti-spam Policy

6.1 Introduction

6.1.1 In the context of electronic messaging "spam", this Anti-spam Policy (“ASP”) means unsolicited, bulk or indiscriminate messages, typically sent for a commercial or malicious purpose.

6.1.2 We have a zero-tolerance spam policy.

6.2 Credit

6.2.1 This Section (6.0) of our terms and conditions (ASP) was created using a document based on a Docular template (https://docular.net) previously known as SEQ Legal LLP (https://seqlegal.com).

6.3 Spam Filtering

6.3.1 Our messaging systems automatically scan all incoming email and other messages and filter out messages that appear to be spam.

6.3.2 We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.

6.4 Spam Filtering issues

6.4.1 No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.

6.4.2 If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.

6.4.3 You can reduce the risk of a message being caught by the spam filters by:

(a) sending the message in plain text instead of, or in addition to, HTML;

(b) removing any message attachments;

(d) removing any active links in the message;

(e) avoiding the terminology and text styling typically used by spammers; and/or

(f) ensuring that your messages are scanned for malware before dispatch.

6.5 User Spam and Emails

6.5.1 We provide a facility that enables users to send email messages to us or others.

6.5.2 You or users of our website or services must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.

6.5.3 You or users of our website or services must not send any email that contains an invalid of forged header or non-existent domain name or use any deceptive addressing including but not limited to misrepresenting or hiding or obscuring any information that would otherwise identify the point of origin or the transmission path.

6.5.4 You or users of our website or services must not use a third party domain name or be routed from our through any third party equipment or network without permission of the third party.

6.5.5 You or users of our website or services must not send any email that contains any false or misleading information in the subject or header line or otherwise contain false or misleading content.

6.5.6 When you or users of our website or services contact us, regardless of the method you choose to do so, you expressly consent and agree to receive email responses from us of a non-commercial or commercial nature, examples of non-commercial emails are, but are not limited to, notifications of any changes to these terms and conditions or such administrative issues or other such matters that may arise from time to time.

6.5.7 Full provisions concerning the use of our messaging facility are set out on our website and/or in other sections of these terms and conditions.

6.6 Receipt of unwanted messages from us

6.6.1 In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using our Contact Page on our website (located in any Header or Footer sections of all our static web pages on our website) or by using one of the contact details in the Section Titled ‘Our Details’ (Section 20) at the end of these terms and conditions and the matter will be investigated.

7. Registration and accounts

7.1 To be eligible for an account on our website under this Section 7, you must be resident or situated in the United Kingdom.

7.2 You may register for an account with our website by completing and submitting the account registration form on our website, and where requested clicking on any verification link or in the email that the website will send to you.

7.3 You must not allow any other person to use your account to access the website.

7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

7.5 You must not use any other person's account to access our website, unless you have that person's express and written permission to do so.

7.6 From time to time on our website or our website services or the content materials you have the option, but have no obligation, to sign up and/or register your email to receive a free report or eBook from us and should you do so you agree to receive further emails from us of a commercial nature. You can unsubscribe from such future emails at any time by clicking the relevant link provided in all such emails to unsubscribe from any future such commercial emails should you wish to do so.

7.7 Payment Terms

7.7.1 The total price for any of registration and/or any of our products and/or services are as set out or referenced in these terms and conditions and/or our payment terms on the respective order or payment form.

7.7.2 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms and conditions or our payment terms on the respective order or payment form is not paid or payment is rejected by our payment processors within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC Bank Plc from time to time in force and/or (ii) suspend the availability of the registration and/or availability of our products and/or services until such time as payment is made or the registration and/or sale and/or contract is terminated.

7.7.3 The total price payable as set out on our payment terms on the respective order or payment form is exclusive of Value Added Tax (except where expressly stated otherwise) which shall be added at the applicable rate where necessary.

7.7.4. All payments are non-refundable other than as set out on the respective order or payment form.

8. User login details

8.1 If you register for an account with our website, you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must at all times keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your account or user ID or your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any loss or losses or damages arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion with or without notice or explanation to you.

9.2 We will usually cancel an account if it remains unused for a continuous period of 18 months.

9.3 You may cancel your account on our website using your account control panel on the website.

10. Our rights to use your content

10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media on and in relation to our website and any successor website.

10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.

10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.

10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

10.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11. Rules about your content

11.1 You warrant and represent that your content will comply with these terms and conditions.

11.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) promote any kind of discrimination, including but not limited to, sex, disability, sexual orientation, age, nationality, religion or beliefs;

(j) be blasphemous;

(k) be in breach of any official secrets legislation;

(l) be in breach of any contractual obligation owed to any person;

(m) depict violence in any form;

(n) be pornographic, lewd, suggestive or sexually explicit;

(o) be untrue, false, inaccurate or misleading;

(p) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or harm or any other loss or damage;

(q) constitute spam (see Section 6), or any other form of unsolicited or unauthorised advertising or promotion material including any comment or opinion or email or text or other such statement or opinion;

(r) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(s) cause annoyance, inconvenience or needless anxiety to any person.

12. Linking Policy, Third Party Links and Hyperlinks

12.1 Our website may from time to time contain links or hyperlinks to other third party websites and resources or products or applications or services or affiliate and strategic partners, these links or hyperlinks are provided for your convenience and/or information and/or consideration only.

12.2 We have no control over, and we assume no responsibility for, the links or hyperlinks from our website or for the content, products, services, privacy policies, terms and conditions or practices or performance or accuracy or suitability and/or appropriateness for your needs or requirements of any third party websites and/or resources and/or products or applications or services, or that of any affiliate or strategic partners or licensors, that such links or hyperlinks may take you to and you further acknowledge and accept fully and agree that we shall not be responsible or liable in any way whatsoever for their content or for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with, the use of any links or hyperlinks from our website or you accessing those websites and/or any documents and/or information and/or software found on those websites and you further acknowledge and accept that you will place no reliance on any such links or hyperlinks.

12.3 We do not monitor or otherwise verify any link or hyperlink from our website to any other website or application or product or service and we strongly advise you to read and understand fully the terms and conditions, privacy policies and any associated disclaimers of any third party website or affiliate or strategic partner website or licensors website, products, services, applications or services that you are taken to or otherwise visit.

12.4 Credit - This part of our terms and conditions (Section 12.4 to 12.6 inclusive) was created using a document based on a Docular template (https://docular.net) previously known as SEQ Legal LLP (https://seqlegal.com).

12.5 Links to our website

(a) Links pointing to our website should not be misleading;

(b) Appropriate link text should always be used in links pointing to our website;

(c) From time to time we may update the URL structure of our website and, unless we agree in writing otherwise, all links should point to our home page on our website;

(d) You must not use our logo to link to our website (or otherwise) without our prior express written permission;

(e) You must not link to our website using any inline linking technique; and

(f) You must not frame the content of our website or use any similar technology in relation to the content of our website.

12.6 Removal of links

(a) You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly;

(b) If you would like us to remove a link to your website that is included on our website, please contact us using the contact details section below. Unless you have a legal right to demand removal, such removal will be entirely at our discretion.

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers or other devices using your IP address from accessing our website or services;

(e) contact any or all of your internet service providers and request that they block your access to our website or services;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website or services from the date of publication of the revised terms and conditions on our website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; you should check regularly for any revised terms and conditions by noting any change to the Last Updated and Effective Date (located at top of these terms and conditions) and if you do not agree to the revised terms and conditions, you must stop using our website.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect to the maximum extent permitted by applicable law.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 2.3.01, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website or services and shall supersede all previous agreements between you and us in relation to your use of our website or services.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed exclusively in accordance with English law.

19.2 We each irrevocably agree that any disputes or claims arising out of or in connection with or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England including but not limited to the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with or relating to these terms and conditions (these terms and conditions will be enforced against you or users of our website or website services even if you or users are outside of the jurisdiction of England and Wales.

20. Our details

20.1 This website is owned and operated by JAM Internet Marketing Limited.

20.2 We are registered in England and Wales under registration number 09213065 and our registered and principal office is at 1 Billing Road, Northampton, NN1 5AL (England, UK).

20.3 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website from time to time and/or support@thebestyouprogramme.com.

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