Terms and conditions of use
This website, enhance.training, (the “Website”) is owned and operated by Emerson Nash Enhance Limited, a company operating under the laws of the England & Wales. In these Terms, “we”, “us” and “our” refer to Emerson Nash Enhance Limited (trading as enhance.training) and the terms “Client”, “you” or “your” refer to any individual user of our Website, courses, resources and other offerings (collectively our “Products”) AND the incorporated company or business employing any individual user of our Products
When you accessed our Website and/or any of our courses, resources or Products, you acknowledge and agree that you were given reasonable notice that these Terms existed. By accessing and continuing to use our Website or Products, or by clicking to accept or agree to these Terms when the option is made available to you, you expressly agree to be bound and abide by these Terms, and our Privacy Policy, whether or not you have chosen to read them. If you do not agree with these Terms or our Privacy Policy, you must immediately discontinue use and access of our Website and Products.
While we aim to keep our Website as up-to-date as possible, we cannot guarantee that all content on our Website is entirely accurate, complete, or up-to-date. We reserve the right at any time to modify or discontinue, in whole or in part, any Products or prices for any Products on our Website, without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of any Products.
If you wish to have any of your personal information and/or access to our Website removed, you may email us at support@enhance.training and we will make reasonable efforts to do so. More information about how we collect, process, and store your personal information can be found in our Privacy Policy.
PRODUCT USE AND CONSENT
When you purchased or opted-into any Products on our Website, you were given reasonable notice that these Terms of Use existed. By purchasing and accessing any Products you implicitly agree to abide by these Terms of Use, confirm you are aware of any disclaimers, and acknowledge and agree to our Privacy Policy.
By purchasing or accessing any Products, you further warrant to us that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing our Products if you are under 18 years old is a violation of use, and we reserve the right to terminate your access if it is discovered you are under 18 years old.
FEES & REFUNDS
All fees are listed on our Website in GBP. We reserve the right to change our fees at any time and without notice to you.
You must pay to us the fees in respect of our website Products in advance before being provided access to our Products. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days, an amount equal to the charge back plus all third party expenses included relating to the charge-back plus an administration fee of GBP25. If you owe us any amount under or relating to these terms and conditions, we reserve the right to suspend or withdraw your access to our Products.
Refund Policy
Unless otherwise stipulated in separate Product Terms & Conditions, we have a no refund policy because of the extensive time, effort, preparation and care that goes into creating and providing enhance.training Products. You acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you. By using and/or purchasing our Products, you understand and agree that all sales are final and no refunds will be provided.
For payments made with debit and credit cards through our Website, no refunds will be provided after 14 days after the purchase date (unless otherwise stipulated in separate Product Terms & Conditions).
Acknowledgment and Media Release
Enhance.training may, in its sole discretion, record any or all coaching sessions hosted as part of any of the Products. You specifically acknowledge and understand that coaching sessions conducted as part of any Products may be recorded, and such recordings may be used, for any and all commercial purposes, including being sold as part of any future Products provided by enhance.training, and/or for its marketing and promotional purposes. By purchasing any Products, you agree and grant us a commercial license to use any image(s), text and or video recording(s), including any containing captured by enhance.training or any other third party without prior notice or payment of any royalties to you of any kind.
INTELLECTUAL PROPERTY
Intellectual Property
Client agrees and understands that enhance.training has created numerous original, creative works including all content, resources, charts, email content, graphics, workbooks, copy for websites and sales pages, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered) and other service marks (“Intellectual Property”), and agrees that enhance.training maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included on the Website or in any Product, whether created prior to working with Client or specifically for Client.
Any and all Intellectual Property that you access as part of any Product and/or through our Website or related domain are and will continue to be wholly owned by enhance.training.
Limited License
When you purchase or opt-in to any Product, you receive a limited, non-transferable, non-exclusive, royalty-free license for your non-commercial purposes only to access the content or materials provided to you by us as part of the Product and to use selected materials provided in their own business, but understands that the original proprietary rights remain with enhance.training. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from enhance.training to Client, nor grant any license to use the information, other than that which is expressly permitted by enhance.training.
Client agrees and understands they may not copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Enhance.training or obtained through working with enhance.training, without enhance.training’s express written consent. If such behaviour is discovered or suspected, enhance.training reserves the right to immediately end the Client’s access to the Product without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Client understands that by accessing or purchasing any Product, they are gaining access to view all content and information available as part of the Product, as well as any additional information or content shared with them by enhance.training as it sees fit. The Client understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by enhance.training. As a “Licensee,” the Client understands and agrees that Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through any Product without prior written permission by enhance.training;
- Post, distribute, copy, steal or otherwise use any portion of the Product or its content, or information obtained via other members in the group Products without prior written permission by enhance.training, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by Enhance.training as part of the Product or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by enhance.training was the Client’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United Kingdom laws.
Non- Disclosure
Client understands that by participating in any Products, they are receiving the benefit of obtaining expert and exclusive guidance, teachings, Intellectual Property and exercises that have been developed by enhance.training. By purchasing any Product, the Client will have gained access to various trade secrets and Intellectual Property of enhance.training, including but not limited to materials such as mindset guidance, written templates, verbal guidance, modules, technical information, copywriting advice, and/or other information that is made available to Client. Client understands and acknowledges that this information is not to be shared or disseminated, without express written permission from enhance.training or Jess Coles personally.
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend, and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and the enforcement of our rights.
SECURITY
Security
If at any time you are required to create a username and password to access any Product, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to support@enhance.training
Use of Third-Party Applications
In order to run our Website and provide our Products we use a number of third-party applications. For example, we use Teachable to host our Courses and we use a number of other third-party applications, such as for processing payment, delivering electronic newsletters, booking systems. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Website, please discontinue use of our Website and Product immediately.
Your Communication with Us
By submitting a comment, photo, video or other materials to our Website, or other platforms we use to provide the Products or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Website or purchasing any Product and we reserve our right to disclose your participation in the Product.
Any communications made through our contact form, blog comments, membership community, social media pages, social media groups or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our Website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business, including testimonials without providing any payment or additional services and Client understands he or she is granting enhance.training an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to enhance.training as part of a Testimonial. You agree not to submit any content or communications that contains sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Products as a result of any such behaviour that we deem inappropriate.
ASSUMPTION OF RISK AND DISCLAIMERS
Assumption of Risk
Use of this Website and Products(s) is at your own risk. While we host our Products on Teachable and our Website on a reputable platform and take other commercially reasonable efforts to maintain and host the Website, we make no representations, warranties, or guarantees as to your individual safety when using our Website. You further assume all risk associated with your access to and use of any information or materials provided to you on the Website, Products, or any other pages, platforms, or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.
Warranties Disclaimer
We make no warranties as to our Website, the Products, or any related materials. You agree that our Website and Products are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantees
While we may reference certain results, outcomes or situations on this Website or in any of our Products, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Website or as part of the Products.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Website and/or any Products, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable.
Earnings Disclaimer
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Products with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Website or your purchase or participation in any Product.
Third-Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Website and Product. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Website will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Website or Products are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website, Product or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.