TERMS & CONDITIONS | Orgsoul
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Last Updated: December 1, 2022

The following is a legal agreement between you (“you” or “Certified Individuals” and “Licensees”) and us (“we”, “us”, or “Organizational Soul Limited”) in connection with the websites https://theconsciousorganization.co and https://orgsoul.com  (the “Websites”) and all other related websites, software, mobile apps, coaching and training materials, courses, and Licensed Programs we provide (together, the “Service”). Your use of the Service, and our provision of the Licensed Programs to you, constitutes an agreement between you and Organizational Soul Limited to be bound by the terms and conditions in these Terms of Service (“Terms”).

“Content” shall refer collectively to all intellectual property including courses, assessments, training, and coaching material available under the licenses granted by Organizational Soul Ltd.

“Properties” shall refer to websites and social media pages owned and administered by Organizational Soul Limited.

We reserve the right, at our sole discretion, to change or modify portions of these User Terms at any time. If we do this, we will post the changes on this web page and indicate at the top of this page the date these Terms of Use were last revised. Any such changes will become effective immediately. Your continued use of the Licensed Programs after the date any such changes become effective constitutes your acceptance of the new Terms.

1.      LICENSE REQUIREMENTS

You may use the products and services associated with our license only if you have a current license to offer programs offered by Organizational Soul Ltd., and only in compliance with these Terms and all applicable laws, rules, and regulations.

For each of our licensed programs, you are required to be first certified and then licensed with us to access and use our licensed resources. If you choose to become certified and licensed for any, or all of our programs, you agree to provide and maintain true, accurate, and current information.

Registration data and certain other information about you are governed by our Privacy Policy at  https://www.theconsciousorganization.co/policies/privacy/

 

2.      INDEMNIFICATION FOR BREACH OF TERMS

You agree to indemnify and hold harmless Organizational Soul Limited from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the User Terms. You also agree to indemnify and hold harmless Organizational Soul Ltd. from and against any and all claims brought by third parties arising from your use of any and all materials, products, and courses associated with the Pillar of Trust and Becoming a Conscious Organization Programs.

 

3.   TERMS OF USE

Organizational Soul Ltd. (“OrgSoul”, “we”, “us and “our”) offers you access to its interactive online website. These Terms of Use, together with our Privacy Policy and any additional Licensee terms which might apply to certain programs, products, or services, govern your use of our Website, programs and your use of any other Licensed Programs we provide. Our websites include https://www.theconsciousorganization.co, www.yvettebethel.com; www.orgsoul.com; www.gamespeopleplayatwork.com, and all other websites or web pages on which we place these Terms of Use (collectively, “Website”).

Consistent with Section 16 below, we may, from time to time modify, alter or update the Terms of Use.  Any revised version of the Terms of Use will be posted on our Website and noted with an “effective date” – meaning that the revised Terms of Use govern your future use of our Website and Licensed Programs.  If you do not agree to the revised version, you must immediately stop using our Website and Licensed Programs.  You agree that revised Terms of Use will apply to your continued use of our Website or Service if, after we post the revised Terms of Use, you continue the use of our Website or our Service.

 

4.   INTELLECTUAL PROPERTY

Our website, courses, licensed programs, and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, file downloads, content, materials, products, services, URLs, and all intellectual property rights to the same are owned by Organizational Soul Ltd.  Additionally, all trademarks, service marks, trade names, and trade dress that may appear on our website (https://theconsciousorganization.co) licensed programs are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title, or interest in our Website and certified and licensed programs. Any rights not expressly granted in these Terms of Use are expressly reserved.

Ownership of the service marks:

The following marks and logos appear on the www.theconsciousorganization.co; www.yvettebethel,com; www.orgsoul.com and www.gamespeoplplayatwork.com websites and are owned by Organizational Soul Limited. They may only be used on the documents associated with the Pillar of Trust Program and other licensed programs offered by Organizational Soul Ltd. Any other use is prohibited.

The following mark/logo is owned by Six Seconds and is being used on www.consciousorganization.co; www.yvettebethel.com; www.orgsoul.com; and www.gamespeopleplayatwork,com websites and social media with permission.

 

5.   ACCESS

To access or use some content or features of our website and licensed programs, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us or our affiliates through registration.  Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.

Whenever you submit information to Organizational Soul Ltd., you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

We may require that you establish an account with us to access certain parts of our website or use certain materials.  When registering an account, you may need to select a username (“ID”) and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES.  You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us at info@orgsoul.com.

 

6.   ACCEPTABLE USE

Our Website, Third Party Software, and other Services (including, without limitation, Organizational Soul Limited’s Content and User Content) are provided for your information and personal, non-commercial use only.  When using our Website, the learning management system, or other materials and Licensed Programs, you agree to comply with these Terms of Use and all applicable laws.

Except as expressly permitted by these Terms of Use, you may not: use our Website licensed programs, third-party systems/software, courses, or materials. in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our website or programs (e.g., those that prevent or restrict copying content owned by Organizational Soul Ltd.); take any action to interfere with, damage, or disrupt any part of our Website, licensed programs, courses, content, or materials; use our website, third-party systems, and other associated third-party websites, to send, knowingly receive, upload/post, or download, any material which does not comply with our content standards; use our website, third-party systems, or other associated third-party websites to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;use our website, the third-party system, or licensed programs to transmit any data, or upload to our website, the third-party system, or licensed program any data, 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; decompile, reverse engineer or disassemble any portion of our website, the third-party system, or licensed program; engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or licensed programs.


You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

7.      USE OF THE SOFTWARE

In connection with your use of the License or Certification, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. The technology and software underlying the License are the property of Organizational Soul Limited and or its affiliates and partners and you are granted no license in respect of that Software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by Organizational Soul Limited.

Large-scale or systematic copying of Content, including using any of the methods referred to above, is prohibited except as expressly authorized by Organizational Soul Ltd. This applies to all Content, including Content made available as part of the public domain. Our licensed programs and related materials are protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.

The Service is not available to any Users previously removed by Organizational Soul Ltd.

 

8.   MATERIAL DUPLICATION

You may copy parts of the course to support your learning process. You are prohibited from representing any materials provided in our licensed packages as your own. However, you may use them for developmental interactions with your clients.

 

9.   PHOTOGRAPHS

Photographs used on this website are downloaded from www.pexels.com and www.unsplash.com or are photographs purchased by Organizational Soul Ltd. According to the terms at Pexels.com (As of February 2020) the photographs are: Are free to use. Do not require attribution. Can be modified.
According to the terms at Unsplash.com (As of February 2020): 
All photos published on Unsplash can be used for free. You can use them for commercial and noncommercial purposes. You do not need to ask permission from or provide credit to the photographer or Unsplash, although it is appreciated when possible.

More precisely, Unsplash grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use photos from Unsplash for free, including for commercial purposes, without permission from or attributing the photographer or Unsplash. This license does not include the right to compile photos from Unsplash to replicate a similar or competing service.

Licensees, users, and visitors to the websites (www.theconsciousorganization.co; www.yvettebethel.com; www.orgsoul.com; www.gamespeopleplayatwork.com ) are not given permission to download photos from the following websites as we do not provide this service.

 

10.   USER CONTENT

We may now or in the future permit you to post, upload, transmit, or otherwise provide through our website, the third-party system, social media platform, or licensed program (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”).  For example, when you join our Facebook Group (The Conscious Organization), any comment you post to the social media website is considered your User Content. Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User Content:

will not contain any material which tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory; will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence will not be threatening, harassing, abusive, or invade another’s privacy; will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).
Organizational Soul Limited has the right to monitor, edit or remove any User Content for violation of the letter or spirit of these terms of use, or for any other lawful reason.  However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms of use.

Grant of Rights & Use.

We do not claim ownership of your User Content.  By submitting User Content, you automatically grant or warrant that you expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), public display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations.

By submitting User Content for publication on our website, you grant us the right, to publicly use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname, and geographical location (e.g., “Jill M. – Carey, N.J.”), in connection with the use or publication of your User Content consistent with the license granted in the previous paragraph.

 

11.   RELIANCE ON THE CONTENT AND USER CONTENT OF ORGANIZATIONAL SOUL LTD

The information available through our Website, third-party websites, programs, products, and services are for learning and transformation purposes. While we make efforts to ensure the information provided by us is accurate, we do not verify User Content or all Organizational Soul Ltd. Content. For this and other reasons, such information may have errors, inaccuracies, and omissions.

If there is a dispute between you and anyone accessing our Website, courses, licensed programs, products, or services, or you and any third party in connection with our Website or Licensed Program, you understand and agree that we are under no obligation to become involved.  In such instances, you hereby release Organizational Soul Ltd. and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.

12.   USER CONDUCT

As a condition of use, you agree not to use Organizational Soul Ltd.’s Intellectual Properties for any purpose that is prohibited by the Terms of Use or by applicable laws. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Organizational Soul Limited that: infringes any patent, trademark, trade secret, copyright, right of publicity, or another right of any person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; involves commercial activities and/or sales without Organizational Soul Ltd.’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; impersonates any person or entity, including any employee or representative of Organizational Soul Limited; interferes with or attempts to interfere with the proper functioning of Organizational Soul Limited’s Intellectual Properties or uses Organizational Soul Ltd.’s Intellectual Properties in any way not expressly permitted by the Terms of Use; or
attempts to engage in or engages in, any potentially harmful acts that are directed against Organizational Soul Limited’s websites or social media pages, including but not limited to violating or attempting to violate any security features of Organizational Soul Ltd. websites or social media pages, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Organizational Soul Limited websites or social media pages, introducing viruses, worms, or similarly harmful code into Organizational Soul Limited websites or social media pages, or interfering or attempting to interfere with the use of Organizational Soul Ltd. websites or social media pages by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Organizational Soul Limited’s websites or social media pages.


If you use any assessments provided by Organizational Soul Ltd., then this Section applies to you, and you hereby represent and warrant that you will comply with the requirements of these Terms of Use, above. You hereby represent and warrant that you comply with all of the applicable regulations in your country (for European Union residents, including the EU General Data Protection Regulation), regarding the administration of behavioral assessments to minors and the privacy of information. If you are using any Organizational Soul Limited assessments with minors under the age of 13 years old in the United States, you represent and warrant that you have obtained and have on file, the written consent of the child’s parent (or legal guardian as applicable) to whom you are administering the assessment as set forth by the Children’s Online Privacy Protection Act (“COPPA”) and you have read and complied with COPPA as it relates to obtaining the proper written consent of the child’s parent. (More about COPPA and schools.)

You also represent and warrant that you have read and are complying with all of the applicable regulations in your country regarding the administration of behavioral assessments and regulations regarding privacy of the information as they relate to minors, (for European Union residents, including the EU General Data Protection Regulation). If you are a psychologist or counselor in the United States, you represent and warrant that you have read and will comply with the code of ethics of the American Psychological Association (APA) regarding assessments. All information collected from or relating to any child age 13 or under shall be handled in accordance with Organizational Soul Limited’s PRIVACY POLICY.

 
13.   INVESTIGATIONS  

Organizational Soul Ltd. may, but is not obligated to, monitor or review Organizational Soul Ltd. Properties and Content at any time. Without limiting the foregoing, Organizational Soul Ltd. shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms of Use or any applicable law. Although Organizational Soul Ltd. does not generally monitor user activity occurring in connection with Organizational Soul Ltd. Properties or Content, if Organizational Soul Ltd. becomes aware of any possible violations by you of any provision of the Terms of Use, Organizational Soul Ltd. reserves the right to investigate such violations, and Organizational Soul Ltd. may, at its sole discretion, immediately terminate your license to use Organizational Soul Ltd. Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

 

14.   INTERACTIONS WITH OTHER USERS/LICENSEES

User Responsibility. You are solely responsible for your interactions with other Users/Licensees and any other parties with whom you interact on Organizational Soul Ltd.’s websites, social media platforms, and affiliate websites. Organizational Soul Ltd. reserves the right but has no obligation, to intercede in such disputes. You agree that Organizational Soul Ltd. will not be responsible for any liability incurred as the result of such interactions.

Content Provided by Other Users. Organizational Soul Ltd.’s websites, social media pages, and affiliate websites may contain User Content provided by other Users. Organizational Soul Ltd. is not responsible for and does not control User Content. Organizational Soul Ltd. has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

 

15.   THIRD-PARTY SERVICES

Third-Party Websites, Applications & Ads. Organizational Soul Limited websites and materials may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left an Organizational Soul Limited website and are subject to the terms of use and conditions (including privacy policies) of another website or destination.

Such Third-Party Websites and Third-Party Applications are not under the control of Organizational Soul Limited. Organizational Soul Limited is not responsible for any Third-Party Websites or Third-Party Applications. Organizational Soul Limited provides these Third-Party Websites, and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or Third-Party Applications, or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them. When you leave our Website, our Terms of Use and policies no longer govern your interactions. You should review applicable terms of use and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

16.    LIMITS ON OUR LIABILITY

UNDER NO CIRCUMSTANCES SHALL ORGANIZATIONAL SOUL LIMITED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SITE, PROGRAMS OR THESE TERMS OF USE. ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, LOST PROFITS, OR ANY OTHER DAMAGES, COSTS, OR LOSSES ARISING OUT OF YOUR USE OF THE LICENSED PROGRAMS OR THEIR CONTENT ARE YOUR RESPONSIBILITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE OR SERVICE INCLUDING, WITHOUT LIMITATION, OR SOUL CONTENT IS TO STOP USING OUR SITE AND SERVICE.

REGARDLESS OF ANY INFORMATION, YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED $100.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, LICENSED PROGRAMS, COURSES, PRODUCTS, SERVICES, OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.

 

17.   DISCLAIMER OF WARRANTIES

TO THE FULL EXTENT PERMITTED BY LAW, CERTIFICATIONS, LICENSED PROGRAMS, PRODUCTS, COURSES, AND SERVICES OF ORGANIZATIONAL SOUL LIMITED AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS LICENSED PROGRAMS ARE PROVIDED BY ORGANIZATIONAL SOUL LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND LICENSED PROGRAMS IS AT YOUR OWN RISK. ORGSOUL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS LICENSED PROGRAMS.

OUR LICENSED PROGRAMS AND THEIR CONTENT ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ORGANIZATIONAL SOUL LIMITED DOES NOT REPRESENT OR WARRANT THAT THE LICENSED PROGRAMS OR THEIR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

Certain laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

18.   INDEMNIFICATION

You agree to indemnify and hold harmless Organizational Soul Ltd. and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, third-party providers, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to (i) your access to or use of our Website or Licensed Programs; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

19.   MANDATORY ARBITRATION

The parties understand that they have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. We each agree that any arbitration will be solely between you and Organizational Soul Ltd., not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim).

 

20.  FEES AND PURCHASE TERMS

General Purpose of Terms: Sale of Programs, not Software. The purpose of the Terms of Use is for you to secure access to the licensed Programs. All fees set forth within and paid by you under the Terms of Use shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Organizational Soul Ltd.’s or their affiliates’ software, and, furthermore, any use of Organizational Soul Ltd.’s software by you in furtherance of the Terms of Use will be considered merely in support of the purpose of the Terms of Use.

Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You may provide Organizational Soul Ltd. with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”) when purchasing. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities.

By providing Organizational Soul Limited with your credit card number or PayPal account and associated payment information, you agree that Organizational Soul Ltd. is authorized to immediately invoice your Account for all fees and charges due and payable to Organizational Soul Ltd. hereunder and that no additional notice or consent is required. You agree to immediately notify Organizational Soul Ltd. of any change in your billing address or the credit card or PayPal account used for payment hereunder. Organizational Soul Ltd. reserves the right at any time to change its prices and billing methods, either immediately upon posting on Organizational Soul Ltd.’s websites or by e-mail delivery to you.

Program License Fees. You will be responsible for payment of the applicable fee for any Licensed Programs at the time you create your Account for your annual license. Except as set forth in the Terms of Use, all fees for the Licensed Program are non-refundable. No contract will exist between you and Organizational Soul Ltd. for the Licensed Programs until Organizational Soul Ltd. accepts your order by a confirmatory e-mail or other means of communication. By purchasing an annual license for which Organizational Soul Ltd. charges annual fees for the term, you authorize Organizational Soul Ltd. to charge your Payment Provider now, and again at the beginning of each month during the payment plan term.

Taxes. Organizational Soul Ltd.’s fees are net of any applicable Sales Tax.  If any payments for any Licensed Programs, under the Terms, are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Organizational Soul Ltd., you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Organizational Soul Ltd. for any liability or expense we may incur in connection with such Sales Taxes.  Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Organizational Soul Limited is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding Taxes. You agree to make all payments of fees to Organizational Soul Ltd. free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Organizational Soul Ltd. will be your sole responsibility, and you will provide Organizational Soul Ltd. with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: 2801 NW 55th Court, Building 6W, PMB 1054, Fort Lauderdale FL 33309.

Cancellation Period. If you are a resident of the United Kingdom then this Section applies to you. You have a legal right to cancel your subscription until 14 days after the day on which the subscription was entered into. This means that during that period if you change your mind or decide for any other reason that you do not want to continue receiving the Services, you can notify us of your decision to cancel your subscription and receive a refund. Advice about your legal right to cancel your license terms as described in the previous sentence is available from your local Citizens’ Advice Bureau or Trading Standards office. To cancel a subscription, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us or complete the cancellation form below. If you use the form or e-mail us we will e-mail you to confirm we have received your cancellation. If you cancel your subscription we will refund you the price paid for the subscription.

 

21. PAYMENTS AND PAYMENT GATEWAY TERMS

Debit/Credit Card, Bank Account Details.

Users agree that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, which is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide a correct and valid debit/credit card details.
The User may pay his/ her fees by using a debit/credit card or through an online banking account. The User warrants to agree and confirm that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card/bank details: The user
 is fully and lawfully entitled to use such credit/debit card or bank account for such transactions; The user is responsible to ensure that the card/ bank account details provided by him/ her are accurate; User is authorizing debit of the nominated card/ bank account for the payment of products and/or services selected by the User along with the applicable Fees.


The user is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.


Key Payment Terms

Key Terms include: Payment(s) through the Payment Gateway may only be made with a credit card or debit card. It is the responsibility of the User to specify their preferred payment method. Payment Gateway is intended to facilitate the continued offering of options to the User to make payments via various online payment methods.


Before using the Payment Gateway, the User shall make all necessary inquiries about charges or fees payable to their credit/debit card service provider.


The card information supplied by the Payment Gateway is being provided to, and processed by, payment the gateway and will not be supplied to or processed by Organizational Sou Ltd. It is the sole responsibility of the User to ensure that the information provided by the User is up-to-date and correct. It is recommended that the User make and retain a copy of the transaction for record-keeping purposes.


User agrees, understands, and confirms that information provided via the payment gateway, which may include, without limitation, details relating to debit/credit cards, transmitted over the Internet may be susceptible to misuse, hacking, theft, and/ or fraud and Organizational Soul Ltd has no control over such matters. Organizational Soul Ltd. accepts or assumes no liability in the event of such unauthorized interception, hacking, or other unauthorized access to information provided by the User to the Payment Gateway. Therefore, while Organizational Soul Ltd seeks to affiliate with reputable payment gateways, Organizational Soul Ltd. gives no assurance, that the information so provided online by the User, is secure.


Payment Gateway Disclaimer Organizational Soul Ltd. does not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified on the Website for this purpose. By accepting/ agreeing to these Terms of Use, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at his/her own risk and is the responsibility of the User.

 

22.  REFUND/ PAYMENT CANCELLATION POLICY

Seminars and Webinar Training If the User’s scheduling conflict is known in advance and we are notified at least 24 hours ahead of time, it MAY be possible to make the session up at a later date or with the same or a different trainer. However, this cannot be guaranteed. Any sessions missed with less than 24 hours' notification are forfeited. If you have not already paid for the session, your account/card will be charged for the full amount of the session. If no card/account information is processed, the User will be unable to attend further sessions until the outstanding payment is received. Reserved time slots may be lost if payment is not made in a timely manner. Attendance If your scheduling conflict is known in advance and we are notified at least 24 hours ahead of time, it MAY be possible to make the session up at a later date or with a different group. However, this cannot be guaranteed.


Any classes missed without 24 hours' notification are forfeited. If you have not already paid for the class, your account/card will be charged for the full amount of the session.  Registered Programs

If the User is unable to attend a program due to circumstances outside your control (determined on a case-by-case basis by our administration), we can offer you a refund if you notify us prior to your session start date. We do charge a 30% cancellation fee. This cancellation fee may be avoided if you opt for a service credit instead of a refund.


If we are notified after your session begins, we can only give you a credit towards another program. This credit is nontransferable and accounts for only the sessions remaining in your program at the time you requested cancellation. There is no cash refund. There is no refund for changing your mind. Consulting

No refunds are available for completed consulting services. Unused, pre-paid and retainer-based consulting services may be eligible for a refund depending on the agreement between the User and Organizational Soul Ltd. Standard notice for cessation of services is one calendar month, but this may vary between contracts. Refer to your consulting agreement for details.


Products

Unused books, manuals, coaching cards, etc. may be returned within 14 days for exchange only.
Returns are valid only for products that have not been opened, used, or damaged.


Products that are defective or damaged upon arrival may be returned immediately for exchange.
Users are responsible for all shipping charges on exchanges or refunds.


Product refunds are only available when an equivalent replacement is unavailable and the User does not wish to exchange for another product Digital Products (Audio, Video, E-Book downloads)

These products are not eligible for return or exchange. Should your file be defective or damaged upon arrival please contact the seller where you purchased the product and we will arrange for a copy of the file to be re-sent. Should the User be dissatisfied with the quality or content of the file, we would be happy to hear your feedback. Please contact Organizational Soul Ltd. 


Payment Refund Policy for Online Payments

Refund for Charge Back Transaction: In the event, there is any claim for/ of charge back by the User for any reason whatsoever, the User will immediately approach the Seller with his/ her claim details and claim a refund. Such refund (if any) shall be effected or approved via payment gateway or any other means Organizational Soul Ltd. deems appropriate.

Refund for fraudulent/duplicate transaction(s):  The User shall directly contact their financial service provider for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party.  The User shall also advise us at info@orgsoul.com if the fraudulent use of the card will disrupt their payments and arrange a suitable alternative.

No Warranty:  No warranty, representation, or guarantee, express or implied, is given by Organizational Soul Ltd. in respect of the operation of the payment gateway.

23.  PAYMENT PLAN TERMS

Cancellation of Fixed Monthly Payment Plan

The User understands that he/she is able to cancel your membership in the first 10 days for a full refund. Please info@orgsoul.com to cancel. The understands that should the User cancel membership outside the first 10 days, the User agrees to pay a cancellation fee if one is required or if the User is in a contractual arrangement that outlines a fee.

Yearly Payment Plan

The user agrees to pay the membership fees in full for access to the training site for a period of 1 year, according to the plan you choose at the time of purchase.

Automatic Renewal Authorization

By selecting the automatic renewal option, the User accepts these Terms of Use authorizing Organizational Soul Ltd. to charge the credit card or debit the debit card account that the User has specified in the amount of the balance due as part of the User’s Automatic Renewal. User agrees that the payment card specified by User for automatic bill payments to Organizational Soul Ltd. is, and will continue to be, an account that the User owns, and that the User will maintain sufficient availability under User’s credit card limit, or sufficient funds in the account linked to User’s debit card, as applicable, to pay the User’s recurring bill.

The automatic charge to the User’s credit card or debit to the User’s debit card account will occur within two business days of the start of the new term. Once the payment has been processed, the User will receive an electronic (email) notification that payment has been applied to the User’s card for the sum of the User’s fees.

These Terms of Use will constitute the User’s copy of the automatic renewal authorization to Organizational Soul Ltd. the User should print and retain a copy of the automatic renewal authorization for his/her records.

Automatic Renewal Cancellation

Users may cancel their automatic renewal authorization to Organizational Soul Ltd. at any time by contacting Support at info@orgsoul.com. Users who were charged an automatic renewal fee may request a refund of that fee for up to 10 days from the date of payment. Users acknowledge and agree that they will pay recurring fees according to renewal terms via online payment to continue services.

 

24.  REFUSAL, SUSPENSION, OR TERMINATION OF USE

We may, at our discretion, immediately restrict, suspend or terminate your access to any of our Sites if we consider you in breach of these Terms, any other Site rules, or applicable law.

Organizational Soul Ltd, may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our websites, the third-party software, or Licensed programs without prior notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.

Term. The Terms of Use commence on the date when you register as a User and remain in full force and effect while you use Organizational Soul Limited’s websites, and Intellectual Properties unless terminated earlier in accordance with the Terms of Use.

Prior Use. Notwithstanding the foregoing, if Users used Organizational Soul Ltd. Properties prior to the date the User accepted the Terms of Use, User hereby acknowledges and agrees that the Terms of Use commenced on the date you first used Organizational Soul Limited Properties (whichever is earlier) and will remain in full force and effect while you use Organizational Soul Limited Properties unless earlier terminated in accordance with the Terms of Use.

Licensed Programs by Organizational Soul Limited. If the User is an organization, your licensee agreement will articulate your termination clause details including the terms under which Organizational Soul Ltd. will refund your License Fee, if already paid for the applicable Licensed Program. Except as set forth in your licensee agreement, the Licensed Program Fee for any Licensed Program shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms of Use, or if Organizational Soul Ltd. is required to do so by law (e.g., where the provision of the Website, the Application, or the Licensed programs are is, or becomes, unlawful), Organizational Soul Ltd. has the right to, immediately and without notice, suspend or terminate any Licensed programs provided to User. User agrees that all terminations for cause shall be made in Organizational Soul Ltd’s sole discretion and that Organizational Soul Ltd. shall not be liable to you or any third party for any termination of your Account.

Termination of Licensed Program by You. If the User decides to terminate the Licensed Program(s) provided by Organizational Soul Limited, the User may do so by (a) notifying Organizational Soul Limited at any time and (b) closing your Account for all of the Licensed Programs that you use. Notice should be sent, by an officer authorized to sign on behalf of the company, in writing, to info@orgsoul.com.

Effect of Termination. Termination of any Licensed Program includes removal of access to such Licensed program and barring of further use of the Licensed Program(s). Termination of all Licensed Programs also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including User’s Content. Upon termination of any Licensed Program, the Users' right to use such Licensed Program will automatically terminate. User understands that any termination of Licensed Programs may involve deletion or use of User’s Content associated therewith from our live databases. Organizational Soul Ltd. will not have any liability whatsoever to you for any suspension or termination, including for deletion of User’s Content. All provisions of the Terms of Use which by their nature should survive shall survive termination of Licensed Programs, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

No Subsequent Registration. If your registration(s) with or ability to access Organizational Soul Ltd.’s Websites, or any other Organizational Soul Ltd. hubs are discontinued by Organizational Soul Ltd. due to User’s violation of any portion of the Terms of Use, then User agrees you shall not attempt to re-register with or access Organizational Soul Ltd’s website or any Organizational Soul Ltd. communities through the use of a different name or otherwise, and User acknowledges that he/she will not be entitled to receive a refund for fees related to those Organizational Soul Ltd. Programs to which User’s access has been terminated.

Any limitation, suspension, or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, mandatory arbitration, no class action, and any other miscellaneous provisions.

 

25.    NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

 

26.   NO TRIAL BY JURY

To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration, or another proceeding.

 

27.   COPYRIGHT INFRINGEMENT

In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may infringe the copyright of others.

Consistent with the Digital Millennium Copyright Act (“DMCA”), Organizational Soul Limited will respond to a notice of alleged copyright infringement regarding any information available on our Website or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing Organizational Soul Limited that copyrighted material may have been infringed will not receive a response through this process.

Pursuant to the DMCA, your infringement notification must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable;
Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send your notice of copyright infringement to Organizational Soul Limited’s designated Copyright Agent as follows:

 

28.   TERM AND TERMINATION

We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our website, the third-party software, or Licensed programs without prior notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.

Term. The Terms of Use commence on the date when you accept them and remain in full force and effect while you use Organizational Soul Limited’s Intellectual Properties and websites (including affiliate websites), unless terminated earlier in accordance with the Terms of Use.

Prior Use. Notwithstanding the foregoing, if you used Organizational Soul Limited Properties prior to the date you accepted the Terms of Use, you hereby acknowledge and agree that the Terms of Use commenced on the date you first used Organizational Soul Limited Properties (whichever is earlier) and will remain in full force and effect while you use Organizational Soul Limited Properties unless earlier terminated in accordance with the Terms of Use.

Termination of Licensed Programs by Organizational Soul Limited. Your licensee agreement will articulate your termination clause details including the terms under which Organizational Soul Limited will refund your Annual License Fee if already paid for the applicable Licensed Program. Except as set forth above, the Licensed Program Fee for any Licensed Program shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms of Use, or if Organizational Soul Limited is required to do so by law (e.g., where the provision of the Website, the Application, or the Licensed programs are is, or becomes, unlawful), Organizational Soul Limited has the right to, immediately and without notice, suspend or terminate any Licensed programs provided to you. You agree that all terminations for cause shall be made in Organizational Soul Limited’s sole discretion and that Organizational Soul Limited shall not be liable to you or any third party for any termination of your Account.

Termination of Licensed Program by You. If you want to terminate the Licensed Program(s) provided by Organizational Soul Limited, you may do so by (a) notifying Organizational Soul Limited at any time and (b) closing your Account for all of the Licensed Programs that you use. Your notice should be sent, by an officer authorized to sign on behalf of the company, in writing, to Organizational Soul Limited’s email address set forth below:

info@orgsoul.com

Effect of Termination. Termination of any Licensed Program includes removal of access to such Licensed program and barring of further use of the Licensed Program(s). Termination of all Licensed Programs also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Licensed Program, your right to use such Licensed Program will automatically terminate. You understand that any termination of Licensed Programs may involve the deletion of Your Content associated therewith from our live databases. Organizational Soul Limited will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms of Use which by their nature should survive shall survive termination of Licensed Programs, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

No Subsequent Registration. If your registration(s) with or ability to access Organizational Soul Limited Websites, or any other Organizational Soul Limited community is discontinued by Organizational Soul Limited due to your violation of any portion of the Terms of Use, then you agree you shall not attempt to re-register with or access Organizational Soul Limited’s website or any Organizational Soul Limited communities through the use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Organizational Soul Limited Programs to which your access has been terminated.

Any limitation, suspension, or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, mandatory arbitration, no class action, and any other miscellaneous provisions.

 

29.    INTERNATIONAL USERS

Organizational Soul Limited’s websites and social media pages can be accessed from countries around the world and may contain references to Licensed Programs and Content that are not available in your country. These references do not imply that Organizational Soul Limited intends to announce such Licensed Programs or Content in your country. Organizational Soul Limited's websites are controlled and offered by Organizational Soul Limited. Organizational Soul Limited makes no representations that Organizational Soul Limited’s websites are appropriate or available for use in other locations. Those who access or use Organizational Soul Limited websites from other countries do so of their own volition and are responsible for compliance with local law.

 

30.   ADDITIONAL TERMS OF USE

In certain instances, it may be necessary to update or modify our Terms of Use to reflect changes to our business, practices, or policies.  We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Website or any Licensed Programs (“Additional Terms of Use”). Accordingly, you agree that we may at any time provide you with Additional Terms of Use, or update or modify these Terms of Use, as appropriate or necessary.  To the extent, any Additional Terms conflict with these Terms of Use, the Additional Terms of Use will control.

Modifications to these Terms of Use or any Additional Terms will be effective upon: (a) notice, either by posting on our Website or by email notification and (b) your subsequent use of our Website or Licensed Programs.  It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms of Use.  Your access and continued use of our Website or Licensed Programs following any modification of these Terms of Use or the provision of Additional Terms of Use will signify your assent to and acceptance of the same.  If you object to any revision to the Terms of Use or to any Additional Terms of Use, immediately discontinue use of our Website and Licensed Programs and, if applicable, terminate your account.

No waiver by either of us of any breach or default under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Use are for convenience only and shall not be given any legal import.

If any part of these Terms of Use is unlawful or unenforceable for any reason, both parties to these terms agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.  So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or Additional Terms of Use, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

 

31.   THE ENTIRE AGREEMENT

These Terms of Use (including the Privacy Policy and any Additional Terms of Use incorporated by reference) constitute the entire agreement, and supersede all previous written or oral agreements, between you and Organizational Soul Limited in connection with the Website and Licensed Programs, and supersede all previous written or oral agreements between you and Organizational Soul Ltd.

 

32.   GOVERNING LAW AND FORUM

These Terms of Use shall be construed in accordance with the laws of The Bahamas without regard to its conflict of laws rules.  Any controversy or claim arising out of or relating to this Agreement or relating to the use of this website and the material contained in this website shall be resolved in a court in The Bahamas. Each of us agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

 

33.   QUESTIONS: CONTACTING ORGANIZATIONAL SOUL LTD.

If you have any questions or concerns about our Terms of Service, or if you want to report any security violations to us, please contact us at the following address:  info@orgsoul.com.

TERMS & CONDITIONS

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