OTB Squad – Terms & Conditions
CANCELLATION POLICY FOR THE ON THE BALL SQUAD
On The Ball Squad is a monthly subscription that may be canceled at any time. Simply, inform us of your request to cancel your membership by sending an email to info@ontheballmindset.com, atleast 5 days prior to your next billing date, in order to not be charged for that next billing period. Please note, cancellation of annual subscriptions will not be prorated. Because of the digital nature of the content, there are no refunds.
Cancelation of the On The Ball Squad membership prevents your payment method from being charged upon the conclusion of your monthly or annual subscription.
Important notice: To be eligible for “Founding Member” pricing and benefits, your subscription cannot experience any lapses in payment or billing cycles. If you cancel your On The Ball Squad membership for any reason, you can rejoin at the current pricing.
We may suspend your use of the On The Ball Squad service at any time for any reason, without any prior notice. We may terminate your account if you violate the On The Ball Squad Policy. If your On The Ball Squad membership is terminated for violations of the terms of this Agreement or our policies, your unused Premium Services will not be refunded.
On The Ball Mindset is operated under Izabella Levey FZ LLE (Company).
TERMS OF AGREEMENT
By clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement with On The Ball Mindset is operated under Izabella Levey FZ LLE (“Company”), according to the following terms and conditions:
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, coaching, and or business coaching (the “Program”). The terms of this Agreement shall be binding for any further goods or services supplied by the Company to Client. The scope of services rendered by the Company pursuant to this Agreement shall be solely limited to those contained herein and provided for on the Company’s website, as part of the Program. We reserve the right to substitute services equal to or comparable to the Program for Client’s use.
PAYMENT. The price for the services is set out in the programme or services description. If you fail to make any payments on the due date then you will be invoiced immediately for the outstanding balance.
Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels their membership, no refund will be provided. Cancellation of annual subscriptions will not be refunded or prorated. You will continue to be able to access and benefit from the membership through the last day of your current subscription. Membership is a monthly subscription that may be canceled at any time. To cancel, inform us of your request to cancel your membership by sending an email to info@ontheballmindset.com, at least 5 days prior to your next billing date, in order to not be charged for that next billing period.
Where I cancel the membership, you are entitled to a partial refund however in all other circumstances, I am not able to refund to you any of the payments you have made, even where you do not complete your sessions, as payment is for the membership as a whole, not individual sessions. This is a reflection of the amount of preparation we need to put into the membership to make it most effective for you and the amount of time we shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your life through my coaching programme.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.
Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his or her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
LIMITATION OF LIABILITY. By using Company’s services and enrolling, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The membership is only an educational and or coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that she or he is 100% responsible for her or his progress and results from the membership. Client accepts and agrees that she/he is the one vital element to the Program’s success and that the Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding the performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet the Client’s requirements or that all clients will achieve the same results.
COURSE RULES. To the extent that the Client interacts with the Company’s staff and or other Company clients, the Client agrees to professionally, courteously, and respectfully. Further, the Client agrees to abide by Company rules and regulations, including those set forth in Company’s Acceptable Use Policy. The failure to abide by Company rules and regulations shall be cause for termination of this Agreement. In the event of such termination, the Client shall not be entitled to a refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
CONFIDENTIAL INFORMATION. All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others. Where you participate in any group sessions, for example as part of a Q&A calls, guest expert calls and coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
The obligations will not apply to information which has ceased to be confidential through no fault of either party, was already in the possession of the recipient before being disclosed by the other party; or has been lawfully received from a third party who did not acquire it in confidence. Your and my confidentiality obligations under this clause will continue after termination of this agreement.
MEDIA RELEASE AND CONSENT TO USE LIKENESS, IMAGES AND STORY. Frequently Company creates still photographs, video and audio recordings of Company’s events, which are broadcast through various media and used for various purposes including advertising, marketing, teaching, and other such uses. By enrolling in this agreement, client grants Company, its agents, its affiliates, and its successors the irrevocable and unrestricted right to use, produce, and reproduce and Client’s name, all still photographs, video images, audio records, or other such images, for the purposes of publication, promotion, illustration, advertising, teaching, trade, in any manner or in any medium, in perpetuity. Client hereby releases Company from any and all claims and liability relating to said images, audio or video. To the extent that Client makes any statements or disseminates any information during an interview, lecture, or Q&A portion of the program, Client furthermore allows such statements to be used, with or without her name, for the purposes set forth herein. Client waives any rights to compensation based on the foregoing release.
USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the membership. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the membership for future lecture, teaching, and marketing materials, and further other goods or services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods or services provided by Company, without compensation to the Client.
CARRYING OUR SERVICES. If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill. I shall carry out the services within the time period which is set out in the relevant services description. Me carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can resolve the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, weather.
NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his or her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below.
I shall try to resolve any disputes with you quickly and efficiently. If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract. The laws of England and Wales will apply to this contract. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
In the unlikely event that there is a problem with the services, please contact info@ontheballmindset.com as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services. If you are buying services from me nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
OTHER TERM. Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.