Rock Your Tribe Class Terms & Conditions
1. Application of terms and conditions
1.1 These terms and conditions (“Terms”) apply to the Rock Your Tribe Class(es), calls and any other materials such as worksheet documents (“class”) operated by or provided by Rock Your Tribe, Inc. of 10925 Neptune Drive, Hollywood, FL 33026 (“we” or “us”). By signing up to the class or by downloading any of our materials, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing. The agreement between us and you, the person or entity registering to be a Participant in the class or downloading any materials (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you purchasing the class or downloading any materials from us and shall continue until terminated in accordance with these Terms.
1.2 These Terms should be read in conjunction with our Privacy Policy, and Confidentiality Policy (which can be found on our website www.rockyourtribe.com (“site”)).
1.3 Any content posted or submitted by you to our site is subject at all times to the Acceptable Use Policy.
1.4 Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
2. Class
2.1 All content for classes will be provided electronically.
2.2 All of the content for classes is provided online and is held on third party secure servers. We have taken all reasonable steps to ensure that the online content will be available at all times but in the event that such content is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
2.3 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.
3. Payment
3.1 The total price payable for the class is as set out on the order form or proposal document (if applicable).
3.2 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid 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 Chase Bank from time to time in force and/or (ii) suspend the availability of the class until such time as payment is made or the Contract is terminated.
3.3 The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (except where expressly stated otherwise) which shall be added at the applicable rate where necessary. This will be shown prior to purchase should this apply.
3.4 All payments are non-refundable.
3.5 For class, no refund shall be payable following purchase due to the downloadable nature.
4. Our obligations
4.1 We warrant to you that the materials within the class are of satisfactory quality and reasonably fit for the purpose for which the class is provided.
4.2 Other than as set out in paragraph 4.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of teaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
4.3 We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
4.4 You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the class to you and that we will do this in accordance with our Privacy Policy.
5. Intellectual Property
5.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the class and all content within the class and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the class or the content of the class to you or to any other person.
5.2 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the class.
5.3 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the class for the purposes for which the class was provided only.
5.4 Except as set out in paragraph 5.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
5.5 You may not without our prior written consent make any audio or visual recordings of any part of the class.
5.6 We record classes that are delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
5.7 You acknowledge that certain information contained in the class is already in the public domain.
5.8 You are not permitted to sell or promote products or services to other participants in the class at or during any part of our class (including associated Facebook groups) without our prior written permission.
5.9 The provisions of this paragraph 5 shall survive termination of the Contract.
6. Term and termination
6.1 The Contract shall continue in perpetuity unless terminated in accordance with 6.2.
6.2 Class attendance will be terminated by Rachael Spiewak should you conduct yourself in a manner that breaches our code of conduct, which is agreed to on purchase of any class. No refund will be applicable should this be the reason for termination of your class.
7. Liability
7.1 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into the Contract and/or us providing the class.
7.2 We do not take any responsibility for the results, or lack thereof, as part of this class due to the taught nature of the class.
7.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the class in the 12 months prior to the date giving rise to the claim.
7.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
7.5 We shall not be not liable for additional costs incurred by you as a result of changes in (i) the class, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
7.6 Nothing in this paragraph 7 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.7 The provisions of this paragraph 7 shall survive termination of the Contract.
7.8 You acknowledge and agree that:
7.8.1 The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the class (which shall be deemed to have been terminated by mutual consent);
7.8.2 In entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the class other than as expressly set out in the Contract.
8. Code of Conduct
8.1 By purchasing this class, you agree to the following terms of conduct including:
8.1.1 Class attendees will at all times act with integrity and avoid conflict of interest; and
8.1.2 Class attendees will not publically speak negatively about the community, Rachael Spiewak or any of the other class attendees; and
8.1.3 Class attendees will avoid any actions or situations that are in conflict with these terms and conditions; and
8.1.4 All class attendees shall conduct themselves in a manner that is respectful to other class attendess. Discrimination, insults, bullying or violent behaviour will not be tolerated and will result in instant termination of your class attendance (see clause 6.3); and
8.1.5 All information shared within the class is private and confidential and not to be shared outside of the community without prior written consent of the parties involved; and
8.1.6 Class attendees will not participate in any fraudulent activity such as illegal online/offline activity, fraudulent chargebacks or similar; and
8.1.7 Class attendees will not participate in any online or offline scams; and
8.1.8 All class attendees agree to keep all confidential information obtained during their class about Rachael Spiewak or any other class attendees as confidential. This relates to all areas of business, finances and personal information and affairs of all class attendees including Rachael Spiewak which is not in the public domain.
8.2 This clause shall survive termination of the Contract; and should any activity occur that is deemed breach, we reserve the right to share any testimonials or activity publicly that can be deemed as fraudulent to warn other people.
9. General
9.1 By purchasing the class you warrant that:
9.1.1 You are legally capable of entering into binding contracts; and
9.1.2 You are at least 18 years old; and
9.1.3 That all information you provide us with is materially true and accurate at all times and not misleading in any way; and
9.1.4 You are purchasing the class in your capacity as a business user;
9.1.5 You agree to the code of conduct outlined within this document.
9.2 You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.4 We may vary these Terms (other than the price payable by you for the class as stated at time of purchase) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the class will be deemed to be your acceptance of any new Terms.
9.5 The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
9.6 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9.7 If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
9.8 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9.9 A person who is not a party to the Contract shall not have any rights to enforce any term of the Contract.
9.10 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
9.11 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with American law.
9.12 We each irrevocably agree that the courts of Florida, USA shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
10. Refund and Cancellations Policy
Events and online courses may be subject to cancellation or rescheduling at our discretion. If the event or online course is cancelled by Rock Your Tribe in its entirety, we will provide a refund as soon as possible.
If the time or date of the event is changed subsequent to your booking, you will be notified and also given access to watch the recording.
No refunds will be given for non-attendance on the day or for access to the replay.
