BY VISITING DISCOVERYSESSIONS.IO, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
Welcome and thank you for visiting Discovery Sessions, an exciting online company that facilitates brainstorming for life design through personalized tools, digital learning and expert advice. The advice is given by internationally recognized lifestyle entrepreneur Rosie Bell and the “Inquirers” seek information by booking life design interviews (“Discovery Sessions”). Other current Services include Online Classes and personal fact files in PDF format (“Brainstorming Tools”).
In these Terms, “you” and “your” refer to the individual or entity that uses the Site (discoverysessions.io), or Services. “We”, “us”, or “our” refer to Discovery Sessions (“The Company”), a global business based in the United Kingdom.
AGREEMENT TO TERMS
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Discovery Sessions concerning your access to and use of the Site as well as any products or Services.
You must be at least 18 years of age to use the Services. If you are under 18 years of age, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to or meant for anyone who has not reached 18 years of age and we will not knowingly collect information from anyone under the age of 18.
The Site currently provides the following services: personalized tools, digital learning and expert advice. The Site is essentially a knowledge market where the Expert offers information and advice to Inquirers and Parties (as defined below).
We may update or change the Site from time to time to reflect changes to our products, Services, our users’ needs and/or our business priorities. We can make changes to the Site, Services and products without notice or liability at our sole discretion. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately.
If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. In such a scenario, the words “you” and “your” when used in these Terms will apply to the person on whose behalf you are acting as well as you as an individual as appropriate.
We may make changes to these Terms at any time without prior notice. The updated version of these Terms will be indicated by an “Updated” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of the Site represents that you have accepted such changes and agree to be bound by them.
“Acceptable Use Policy” means the set of rules applied by us that restrict, guide and govern the ways in which the Site and Services may be used.
“Agreement” means the agreement between the Discovery Sessions and any Members, Customers or users, on the basis of which they can use the Site and to which these Terms apply.
“Appointment” means a scheduled telephone or video call (a “Discovery Session”) purchased by an Inquirer regarding an Expert’s Listing.
“Authorized Parties” means the collection of individuals, groups or entities such as employees, professional representatives, subcontractors, affiliates and/or advisors, who have a need to know specific Confidential Information.
“Brainstorming Tools” means a personal fact file that an Inquirer may request from the Site. These are personalised PDF reports to facilitate life design brainstorming and problem-solving.
“Calendar Day” means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays and Holidays.
“Confidential Information” means any information which is disclosed by one Party to the other pursuant to or in connection with this Agreement, whether orally or in writing or any other medium, and whether or not such information is expressly stated to be confidential or marked as such, including but not limited to the terms and conditions of this Agreement, and all information relating to the business and affairs of the other party communicated to it in connection with this Agreement including but not limited to either Party’s or its affiliate’s, business, commercial, financial, legal, technical, scientific, and Intellectual Property information, either Party’s or its affiliate’s, pricing information, margins, business plans, roadmaps, improvements, samples, demonstrations; either Party’s or its affiliate’s, ideas, concepts, know-how, methodologies, processes, documentation, technologies, algorithms, source code, trade secrets, and techniques. The Parties agree that the following shall not constitute Confidential Information: (1) Confidential Information that was in receiving Party’s possession without confidentiality obligation prior to receipt from the disclosing Party; (2) information that at the time of disclosure was already in the public domain or subsequently becomes generally available to the public other than by breach of this Agreement by receiving Party or its representatives; (3) information that is lawfully obtained by receiving Party from a third party, provided, that such third party is, to receiving Party’s knowledge, not in breach of any confidentiality agreement; (4) information that is developed by receiving Party independently without breach of this Agreement; (5) information that is required to be disclosed in accordance with by law or by court order.
“Content” means all information made available on the Site including text, images, graphics, music, video, audio, comments, look and feel and other information.
“Customer” means a person who purchases such Services on the Site including Brainstorming Tools. This excludes Members and individuals that seek Discovery Sessions with Experts via the Expert’s Listing or people who purchase Online Classes.
“Discovery Sessions Content” means all Content made available on the Site by Discovery Sessions including pages, Brainstorming Tools, Online Classes and blog posts. This does not include Member Content.
“Expert” means a Member who creates a Listing on the Site to offer information and advice to other Members and Inquirers. This may be used interchangeably with “Founder”.
“GDPR” means the European General Data Protection Regulation 2016/679 on data protection and privacy and the transfer of personal data.
“Inquirer” means a Customer or Member who uses the Site to access information and advice from Experts or the Founder, Rosie Bell.
“Intellectual Property Rights” shall mean 1) rights associated with works of authorship, including but not limited to copyrights (including but not limited to any such rights in typographical arrangements, web sites or software), 2) trademarks, service marks, trade name rights, and similar rights, 3) trade secret rights, 4) rights subsisting in trading, business or domain names and e-mail addresses, 5) patents, 6) design rights, 7) rights in inventions, 8) rights in databases and 9) all other intellectual property rights which subsist now or in the future in any jurisdiction throughout the world whether registered or not and whether or not capable of registration, and any applications to register or rights to apply for registration of any of the foregoing in all parts of the world.
“Listing” means an Expert’s offer to provide Services (information and advice) via the Site.
“Member” means a person who completes the registration process for an account on the Site and includes Inquirers and people who purchase Online Classes.
“Member Content” means all Content that a Member submits, posts, publishes, or uploads to be made available through the Site and includes Listings and testimonials.
“Online Classes” means content-rich video training modules that Members can purchase for digital learning. These Online Classes can be watched from any device with an Internet connection.
“Order” means an Inquirer or a Customer’s purchase of products and Services corresponding to a specific, single transaction between the Customer and Discovery Sessions, as documented in a corresponding Order Form.
“Order Date” means the date this Agreement becomes valid and binding between us and any Site Customers or Members.
“Order Form” means the itemized list of Services and products documenting the Member or Customer’s Order, as well as the details of the provision of such Services and products, issued under this Agreement.
“Parties” means Inquirers and Experts, collectively.
“Party” means either Inquirers or Experts, individually.
“Payment Terms” means the Payment Terms, as set out in Section 7.4 below.
“Services” means the current offerings purchasable by Customers and Members on the Site including virtual life design interviews (called “Discovery Sessions”), Online Classes and personal fact files in PDF format. These are the current “Services”. Discovery Sessions reserves the right to alter or remove any of these existing Services and include new ones.
“Site” means DiscoverySessions.io, the online company that facilitates brainstorming for life design through personalized tools, digital tools and expert access.
ACCEPTABLE USE OF OUR SITE
You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of this Site, you agree that you are not permitted to:
Use the Site in any way that breaches any applicable local, national or international law or regulation.
Use the Site in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
Access the Site for the purpose of harming or attempting to harm minors in any way.
Use the Site to bully, intimidate or humiliate any person.
To post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, pornographic, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another person, group or organization.
Use the Site or Services to transmit, distribute, post, or submit any Confidential Information concerning any other person or entity.
Stalk or become a nuisance to any Discovery Sessions Experts, Inquirers, Customers or users.
Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.
Use the Site or Services to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Access or interfere with the Site’s backend or non-public areas besides your own registered account area.
Run any bots, spiders, scrapers, web crawlers, indexing agents, automated scripts or other software to aggregate or browse our Services, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Site or Services.
License, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services (or any components thereof).
Access the Service in order to build a competitive product or service, or copy any features or functions of the Service.
Reproduce, mirror, duplicate, copy or re-sell any part of our Site in contravention of these Terms.
Use the Site in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
Attempt to use or access another Member’s account without authorization or create a user account under false or fraudulent pretences.
Create duplicate accounts for yourself or anyone else.
Post false information, including, without limitation, your own credentials as an Expert.
Attempt to poach Experts for Listing on competitor websites or services.
Access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site or any equipment or network or software owned or used by any third party.
Assist, enable or encourage any individuals to partake in the preceding activities.
Discovery Sessions’ Brainstorming Tools are personal fact files providing supercharged brainstorming to find out how to start, become and be great at your next big idea with a personalized report.
The brainstorming tools help you find new career and business ideas, name your business, validate business ideas and curate your personal education library. We can make changes to these Brainstorming Tools without notice or liability.
When a Customer purchases a Brainstorming Tool, they will receive a tailor-made inspiration report in PDF format within 7 Calendar Days. Customers are required to complete a diagnostic questionnaire before Discovery Sessions can create your personalized report. Discovery Sessions will not be liable for any unfulfilled Orders where Customers fail to provide this information.
Brainstorming Tool purchases are final. There will be no refunds given for unsatisfactory reports. Refunds are only permitted in instances where diagnostic information has been received and Discovery Sessions fails to deliver an Order within 7 Calendar Days.
By purchasing any Brainstorming Tool, you acknowledge that Discovery Sessions cannot guarantee the outcome of services and/or recommendations within the Content and any comments about outcomes are expressions of opinion only. Discovery Sessions cannot make any guarantees other than to deliver information, education, and Services purchased as described.
You acknowledge that Discovery Sessions does not make any assurances regarding future income, outcomes, sales volume, social media following, profitability or loss of any kind that may be derived as a result of the use of our products or Services. There can be no assurance as to any particular financial outcome based on the use of Discovery Session’s products or Services.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
Discovery Sessions offers informative, content-rich online classes that Members can stream anywhere with an Internet connection. The classes available are offered directly by Discovery Sessions and its Founder. There will be no classes made available by third-party teachers.
Members may access and view the classes and associated Content for which they have paid all required fees, solely for their personal, non-commercial, educational purposes in accordance with these Terms. The one-time fee for each Online Class grants the Member lifetime access to the class as long as it is available on the Site. We generally give a lifetime access license to enrolled Members however, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course. We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason. We reserve the right to adjust our pricing or any components of our Service in any manner at any time at our sole discretion. We can make changes to the Discovery Sessions Site, Online Classes and Services without notice or liability.
We have the right to change our eligibility criteria at any time, remove a student or Member account at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behaviour that we deem to be in violation of our rules or guidelines.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You will need an account to purchase and enrol in our Online Classes. To register for a Member account to watch our Online Classes, you must be a human. Accounts registered by “bots” or other automated methods are not permitted. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Service. Members are responsible for maintaining the security of their accounts and passwords. We view any actions taken by your account as taken by you. Discovery Sessions will not be liable for any loss or damage from your failure to comply with this security obligation.
When you make a payment to purchase an Online Class, you agree to use a valid payment method.
If you aren’t happy with your class, Discovery Sessions offers a 7 Calendar Day refund for most class purchases. No refund is due to you if you request it after the 7 Calendar Day guarantee time limit has passed. Discovery Sessions also reserves the right to refund students beyond the 7 Calendar Day limit in cases of suspected or confirmed account fraud. At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services.
To request a refund, contact us by email.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
LIFE DESIGN INTERVIEWS (“DISCOVERY SESSIONS”)
7.1 How it works
Discovery Sessions is a knowledge market place where internationally recognized lifestyle entrepreneur Rosie Bell offers information and advice to Inquirers during a virtual life design interview Appointment called a “Discovery Session”.
Discovery Sessions’ purpose is to provide people with the inspiration, tools and expert access to design their ideal lives.
We facilitate calls that can help shape your next great life idea, tackle professional hurdles, get clarity, find inspiration and help you go from confused to clear, and from alone to supported.
All Site users can view and browse through the Expert Listings and book Appointments but only site Members that have registered accounts can add Services to a wish list or create Listings.
Inquirers can browse through all the Site listings and then purchase an Appointment with the Expert and there are two possible durations for these virtual calls: 30 minutes or 60 minutes. With fixed timings, Inquirers don’t have to worry about charges going up by the minute.
After an Appointment with an Expert has been purchased for a specific duration, the Customer will receive a confirmation email.
The virtual Appointment will be held on whichever communication platform that both Parties deem suitable and convenient. This could be Zoom, Google Hangouts, Skype, Whatsapp or on the phone.
Inquirers may book and pay for Appointments with a PayPal account or their desired credit or debit card and the transaction will be processed with PayPal.
Discovery Sessions should be viewed as relaxed, informal and informative interviews where Inquirers may pick the brains of someone who is already renowned for doing what they would like to do.
These are 1-2-1 interviews though more than one person is permitted to join.
7.2 Expert’s Obligations
The Expert shall:
Be available for a live video or telephone call using a platform that is convenient for the Inquirer. This can be on the phone, Google Hangouts, Skype, Zoom, Whatsapp or any other specified platform.
Provide, in a workmanlike manner and within the timeframe specified in the applicable Order Form, all Services ordered by the Inquirer as specified in the Order Form(s) issued under this Agreement.
Endeavour to answer the Inquirer’s questions in a hospitable, friendly and non-aggressive manner.
Not compel Inquirer’s to make video calls if they prefer audio-only conversations.
Ensure that all Services and deliverables are supplied in compliance with all applicable laws and regulations.
Ensure that all Listings created contain Content that they have the rights to and do not infringe on the intellectual property rights of any third parties.
Not mislead potential Inquirers and always complete Listings with accurate and true information.
Be permitted to share contact details with the Inquirer for scheduling purposes.
Honour quoted prices and booked Appointment durations and never short-change the Inquirers by prematurely cutting an Appointment short before the purchased duration.
Not contact Inquirers for any matters unrelated to their available Listings on Discovery Sessions.
7.3 Inquirer’s Obligations
Make available, provide, and/or deliver, as applicable, all information, materials, context, and/or products as is necessary for the Expert to provide the desired Services.
Ensure that such information, materials, and/or products are provided in full compliance with any applicable laws and/or regulations.
Not contact Experts for Services unrelated to their specific Listings.
Ensure Discovery Sessions has your up to date email address and monitor your email for updates about any of your Orders.
Be fully responsible for the execution of the agreement, including scheduling. The Inquirer is permitted to share contact details with the Expert for scheduling purposes.
Not make requests for Experts to offer free advice or negotiate lower prices than what is visible on a Listing.
Disclose to the booked Expert if more than one person will be joining the session.
Provide valid information to make all payments in full before any Services can be delivered. This may include name, credit or debit card details, billing address or PayPal email address.
Agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
Discovery Session Appointment purchases are final. There will be no refunds given for unsatisfactory Appointments. Once an Appointment with an Expert has taken place, you may not request a refund. Prospective inquirers may cancel their Appointments prior to the scheduled date and time and should provide sufficient notice. Discovery Sessions reserves the right to withhold a percentage of original payments for late cancellations and rescheduling.
Each Party agrees that all Confidential Information disclosed in the performance of this Agreement shall be held in strict confidence. Each Party shall ensure that it will not, at any time, except to its employees, professional representatives, subcontractors, and/or advisors, Affiliates who have a need to know such Confidential Information (collectively, “Authorized Parties”), cause such Confidential Information to be known to any entity not considered an Authorized Party.
Notwithstanding the foregoing, each Party may disclose Confidential Information as required by law or by any legal or regulatory authority by valid legal order, provided that the disclosing Party provides written notice of such disclosure as soon as possible prior to making the disclosure, and limits the disclosure to the extent necessary in order to comply with the law, regulation or valid legal order.
The disclosing Party shall remain the owner of any Confidential Information it provides to the receiving Party. Except as otherwise provided in this Agreement, the receiving Party receives no title, license or ownership interest in any Confidential Information it receives.
7.6 Ethics and Anti-Bribery
Each Party commits to operate in an environment that respects, supports and promotes corporate social responsibility (including with its own suppliers). Each Party, therefore, declares that in the course of its activity, it operates in an environment complying with standards of the International Labour Organization, with the OECD guidelines for multinational enterprises, and with the United Nations Global Compact.
Each Party also declares that it operates in an environment free of all form of corruption, including extortion, bribery, influence peddling and that it complies with Part I of the ICC Rules on Combating Corruption 2011 and with the applicable anti-corruption laws and regulations, including those having an extraterritorial reach, such as Sapin II (France), the Foreign Corrupt Practices Act (United States of America), the UK Bribery Act (United Kingdom). Without limiting the foregoing, each Party represents and warrants that itself and/or its affiliates shall not, directly or indirectly, offer, promise, solicit, authorize, pay, or accept any gift, benefit, undue pecuniary, or other advantage of any kind (or imply that they will) to or from any person in any way connected with its agreement with the other Party (and that it has taken reasonable measures to prevent its subcontractors, agents or any other third parties, from doing so) and which is intended to induce or encourage, or which has the effect of inducing or encouraging, to breach any duties or obligations of that person.
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Site or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Site or its Content.
You represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you will keep your password confidential and will be responsible for all use of your password and account; (4) you have the legal capacity and you agree to comply with these Terms and Conditions; and (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or username) and/or password, promptly notify us by email.
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such a username is inappropriate.
There may be opportunities for you to post Content to the Site or send feedback to us. You understand and agree that your user Content may be viewed by other users on the Site, and that they may be able to see who has posted that user Content.
In posting user Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy terms set out in Section 4.
You warrant that any user Content complies with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
We have the right to remove any user Content you put on the Site if, in our opinion, such user Content does not comply with the Acceptable Use Policy.
We are not responsible and accept no liability for any user Content including any such content that contains incorrect information or is defamatory or loss of user Content. We accept no obligation to screen, edit or monitor any user Content but we reserve the right to remove, screen and/or edit any user Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
If you wish to complain about user Content uploaded by other users please contact us by email.
DISCOVERY SESSIONS CONTENT
Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, trade names, logos, text, photographs, graphics and proprietary designations on the Site are owned or licensed to us and are protected by copyright and trademark laws. You agree that you will not remove any proprietary materials from the Site.
Content on our Site is available for your personal and non-commercial use only. This means you may print off a single copy or download extracts of the pages of our Site for your personal use only and you must not modify any such paper or digital copies of any materials you have printed or downloaded in this way.
Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Discovery Sessions Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence or permission to do so from us. If you wish to use our content other than as permitted by these Terms, and for all other inquiries about distribution or reproduction of the materials, please contact us by email.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that our Content on the Site is accurate, complete or up to date.
You shall not (1) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (2) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or our Content, including the modification of the paper or digital copies you may have downloaded.
Our Website is provided “as is” and “as available”, without warranty of any kind, either express or implied including but not limited to any warranties concerning the availability, accuracy or completeness of the Site’s content, Listings, Expert profiles, Inquirer profiles, appropriateness, reliability, timeliness, or usefulness of the content of our Site; and any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. You agree that your use of the Site and/or Services will be at your sole risk.
All Site users are solely responsible for their actions, interactions, conduct, purchases, and communications. Site users are expected to take the necessary precautions before sharing sensitive or Confidential Information with Parties through the Site.
We make no representation or warranty that Expert Listings shall be complete or without errors, that Appointment scheduling will be thoroughly satisfactory or that statements or information shared during Appointments will be thoroughly satisfactory. Your reliance on any advice or information provided by the Expert is at your own risk. We will not be responsible for any damage caused as a result of your usage of the Site for a “Discovery Session” life design interview.
This disclaimer of liability applies to any damages or injuries caused by our Site including, without limitation, those damages or injuries occurring as a result of any error, omission, deletion, or defect in the content available on our Site; or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, bugs, Trojan horses or the like, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We will not be responsible for any delay or failure to comply with our obligations under these Terms if such delay or failure is caused by an event beyond our reasonable control.
LIMITATION OF LIABILITY
You have no recourse to seek damages against us even if you suffer loss or damage from using our products and Services. In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, revenue, business opportunities, diminished reputation, computer damage, emotional distress, physical injury, the price of alternate products or services, or business interruption arising out of or in connection with the use of the Service or of any website referenced or linked to, whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.
You acknowledge and agree to be bound to these Terms dictating that any Brainstorming Tool, Expert Listing, Discovery Session Appointment, Online Class, blog post, affiliate link, book, resource, interactions, communications or general Site Content that results in damages or loss of any kind is at your own risk. Discovery Sessions will not be liable for any consequential damages. You acknowledge and agree that any claims arising from interaction with Member(s) or third parties will apply to the Member(s) and third parties in question and will not apply to Discovery Sessions.
The maximum amount that will be paid to any Member for damages arising from or in connection with our Site or Services will be 135 (one hundred and thirty-five) US dollars.
You shall indemnify and hold us and our affiliates and subsidiaries, and their respective directors, consultants, shareholders, officers, agents, and employees harmless from and against any and all losses, damages, payments, deficiencies, settlements, fines, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary and you agree to cooperate with our defence of these claims. You shall not settle any third-party claim or waive any defence without our prior written consent. Discovery Sessions will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
PAYMENT TYPES AND CURRENCY
Discovery Sessions accepts the following forms of payment for purchases on the Site:
2. Credit and debit cards processed by PayPal.
All products and Services listed on the Site are listed and processed in US Dollars.
All payments must be made in full before any products or Services can be delivered.
Discovery Sessions cannot be held to make available alternative payment methods on the Site.
LINKS TO THIRD-PARTY CONTENT
You may see advertising material on our Site. These advertisements may link to other websites, services or mobile applications. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
MODIFICATIONS TO AND AVAILABILITY OF THE SITE
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
ACCOUNTS AND PASSWORDS
Certain Site Services such as purchasing a “Discovery Session” with an Expert via a Listing and purchasing Online Classes require registered user accounts. To access these Services, you will need to create an account directly via the Site using a valid email address. You will not be able to authenticate or register with any third-party social networking sites such as Twitter or Facebook.
If you use the Services and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms including your email address. You agree to maintain and keep your profile information up to date.
Discovery Sessions is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Discovery Session. You acknowledge and agree that any login, identifier, or password issued in connection with the Services is Confidential Information. You must maintain the confidentiality of any password, and you may not disclose such password to any other person or entity or permit any other person or entity to access the Services using such password. You agree to notify Discovery Sessions immediately of any unauthorized use of any password that is not issued directly to you or approved by us.
DURATION AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate you’re your account at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us by email. If you do not agree with these Terms or any updated future versions, you are prohibited from using the Site and Services and you must discontinue use immediately.
We reserve the right to, in our sole discretion and without notice or liability, suspend these Terms, your account or access to the Site, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site or Services is in breach of these Terms or of any applicable law or regulation, we may terminate or limit your use or participation in the Site and the Services (or any portion of the Services) or unpublish or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion in which case your Listings and profile will no longer be visible to Site users. Discovery Sessions shall, in particular, invoke this right if we receive notice or have knowledge that Content infringes upon or violates the IP Rights and/or any other rights of a third party. Discovery Sessions will have the right to collaborate with law enforcement authorities to investigate and prosecute any individuals that violate our Terms.
If we terminate or suspend your user account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination of your account, you agree that: (a) any use rights or licenses provided to you under this Agreement will end, and (b) except to the extent prohibited by applicable law Discovery Sessions may (but have no obligation to) permanently destroy all information associated with your or your account stored on servers controlled by Discovery Sessions.
Discovery Sessions is not liable to you or any third party for compensation, reimbursement, or damages in connection with any termination or suspension of the Services or any deletion of information associated with you or your account. If your Discovery Sessions account is terminated or suspended, we are not responsible for or required to return any Content you have submitted, uploaded or shared on the Site. This includes text, images, graphics, video, audio, comments and reviews.
Upon termination, those terms that by their nature are intended to survive termination (such as intellectual property ownership, arbitration obligations, indemnification obligations, limitations of liability, and payment obligations owed to Discovery Sessions that accrued prior to the termination and any other amounts owed by you under the Agreement, including claims, fines, penalties, and other liability incurred by Discovery Sessions caused by your use of the Services) will survive.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire Agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Only Discovery Sessions has the power and legal right to transfer this Agreement or Terms. Any such attempts to transfer these Terms without our written consent will be void.
CONTACTING DISCOVERY SESSIONS
Please contact Discovery Sessions by email if you have any questions or queries about these Terms or require additional clarification.
OTHER TERMS THAT MAY APPLY TO YOU
Last updated April 1, 2021