TERMS & CONDITIONS

Please read these terms and conditions carefully before purchasing any of our digital products, services or subscriptions.

1.0 Introduction

These terms and conditions set out the terms and conditions between You, the customer, and TM&Co. Digital (“us”, “we”), governing the use of our website and our downloadable digital recordings including the content therein (the “products”) and our done for you solutions (the “services”). Your use of our website, and purchase, download and use of our products and services, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products or services.

2.0 License and Use of Products

Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

3.0 Intellectual Property

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

4.0 Digital Products Refunds and Chargebacks

Once a digital product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

5.0 Subscriptions to Services and Memberships

Subscription Period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellation
You may cancel Your Subscription renewal either through Your Account settings page, Your Customer Portal or by contacting the Company.

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, postal/zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Your Subscription fee will only ever increase if you leave and later rejoin the Subscription, otherwise you will always pay the fee you paid when you initially joined.

Subscription Refunds
Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trials
The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to

(i) modify the terms and conditions of the Free Trial offer, or

(ii) cancel such Free trial offer.

Paid Trials

The Company may, at its sole discretion, offer a Subscription with a Paid trial for a limited period of time.

As part of such Paid trial, the nature of the core service may be modified to accommodate for the reduced cost of the Service during that Paid trial period. For example, instead of an unlimited service, the Company may limit the number of requests you can make, or otherwise alter the Service.

Add-on Services and Loyalty Discounts

You may require support that falls outside the scope of your Subscription. The Company may provide chargeable Add-on Services for your convenience. Such Services are covered by these terms and conditions, unless otherwise indicated. The Company may also offer a loyalty discount applicable to said Add-on Services to reduce the cost – these loyalty discounts can be revoked at the Company’s discretion.

6.0. Fair Use Clause for Unlimited Tech Support Services

Fair Use

The Company acknowledges the intention of providing You with unrestricted access to the Service. However, the Company reserves the right to monitor and assess the usage patterns and practices of the Service to ensure its fair use by You.

Exploitative Use

If the Company reasonably believes that You are engaging in exploitative use of the Service, which includes but is not limited to, excessive usage beyond what is reasonably expected for normal technical support needs or utilising the Service on behalf of a third-party, the Company may take action in accordance with this Clause.

Company’s Rights

In cases of suspected exploitative use, the Company reserves the right to take appropriate actions, which may include:

  • Issuing a warning to You, informing You of the potential violation of fair use.
  • Imposing limits on the frequency, duration, or scope of technical support provided to You.
  • Requesting You to modify Your usage behaviour to align with fair use principles.
  • Terminating or suspending the Subscription and the provision of the Service, if the Company reasonably believes that Your behaviour is intentionally or systematically exploiting the Service for any unauthorised purposes.

Notification and Remedies

Before taking any action as described in this clause, the Company shall make reasonable efforts to notify You of Your suspected exploitative use of the Service. You will be given the opportunity to explain Your usage patterns and make necessary adjustments.

7.0 User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

8.0 Warranties and Liability

We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

9.0 Disclaimers
You understand the Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategising, asking clarifying questions, providing models, examples, in-the-moment skills training, tech implementation and consulting. The Company promises that all information provided by You will be kept strictly confidential, as permissible by law.

In relation to the delivery of Services, You understand that the Company cannot be held liable for any malfunction, underperformance or failure of any third-party applications/platforms, providing the Company has taken reasonable steps and due care to set up such applications/platforms in accordance with their guidelines.

10.0 Confidential Information
In relation to the exchange of information for the execution of any Service, both You and the Company shall at all times keep confidential (and take reasonable steps to procure that its employees and agents shall keep confidential) and shall not at any time for any reason disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any information relating to the other’s business methods, plans, systems, finances, projects, trade secrets or provision of products or services to which it attaches confidentiality or in respect of which it holds an obligation to a third party.

Upon termination of this Agreement for whatever reason both Parties shall deliver to the other Party all working papers or other material and copies provided to him pursuant to this Agreement or prepared by him either in pursuance of this Agreement or previously.

11.0 General

These terms and conditions constitute the entire agreement and understanding between You and Us for the supply of downloadable digital products and/or the delivery of services, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein.

The un-enforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.

 

Contact

If you have any questions about these Terms and Conditions, You can contact us:

By email: clientsupport@tmco.digital

Last updated: 3 September 2023 to include Clause 6