Important: : I agree to pay the amount agreed and not to cancel this transaction with my bank or Credit Card Company. I will contact New Insights support to resolve any problem with my order. I understand that New Insights may initiate a collection and submit a negative report to Consumer Credit Reporting agencies. Credit Card Fraud is a criminal offence in any country. I UNDERSTAND THAT THE PROGRAMME IS NOT JUST A SOFTWARE PACKAGE AND THAT NOT LOGGING INTO THE SOFTWARE DOES NOT VOID ANY PART OF THE AGREEMENTS.
Universal Terms for New Insights Software, Products and Services (herein referred to as “Products”) below...
This Agreement ("Agreement") is by and between New Insights Life Coaching LTD. And/or its subsidiaries and agents ("New Insights") a Limited Liability Company and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of New Insights software (“Software”), Products (“Products”) and services (“Services”) and explains New Insights’ obligations to you and your obligations to New Insights in relation to the Software, Products and Services You purchase.
This Agreement as well as any additional New Insights policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and New Insights concerning your use and purchase of New Insights’ Products, and supersede and govern all prior proposals, agreements, and/or other communications. All New Insights policies and agreements specific to particular Products are incorporated herein and made part of this Agreement by reference. By purchasing New Insights’ Products, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which New Insights may establish from time to time, and any agreements that New Insights is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.
In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account you’ve established with New Insights, whether or not the transactions were in your behalf.
The General Terms in Section apply to all customers of New Insights.
GENERAL TERMS APPLICABLE TO ALL SOFTWARE PRODUCTS
AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that New Insights may modify this Agreement and the Services from time to time. You agree to be bound by any changes New Insights may reasonably make to this Agreement when such changes are made. If you have purchased Products from New Insights, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Software and/or Products and Services. In the event you terminate your usage, New Insights will not refund any amounts you have paid. You agree that New Insights shall not be bound by any representations made by third parties who you may use to purchase Services from, and that any statement of a general nature, which may be posted on New Insights’ Web site(s) or contained in New Insights’ promotional materials, will not bind New Insights in any way. New Insights may, at times, offer certain promotions with different charges and features. You agree that you will be responsible for notifying New Insights should you desire to terminate your use of New Insights services. Notification of Your intent to terminate must be provided in writing to New Insights no earlier than 10 days prior to your billing date but no later than three days prior to your billing date.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to New Insights, as needed, while you are using New Insights’ Services. You agree you will notify New Insights within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by New Insights to determine the validity of information provided by you will constitute a material breach of this Agreement. You agree that New Insights may use and rely on any such information provided by you for all purposes in connection with Your Services, subject to New Insights’ Privacy Policy. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if New Insights has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, New Insights has the absolute right, in its sole discretion, to terminate its Services and close your account.
3. PRIVACY.
You can view New Insights’ Privacy Policy at www.neilasher/privacy, as it is applicable to all Company Products. The Privacy Policy provides your rights and New Insights responsibilities with regard to your personal information. New Insights will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
4. ACCOUNT SECURITY.
You agree you are entirely responsible for maintaining the confidentiality of your customer number/login, password, credit card number, and security key (collectively, the "Account Access Information"). You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify New Insights immediately of any unauthorized use of your account or any other breach of security. You agree New Insights will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You further agree you could be held liable for losses incurred by New Insights or another party due to someone else using Your Account Access Information. For security purposes, you should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. New Insights specifically disclaims liability for any activity in your account, whether authorized by you or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of New Insights’ products, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to New Insights if, for any reason, New Insights takes corrective action with respect to Your improper or illegal use of its Services.
New Insights reserves the right at all times to disclose any information as New Insights deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in New Insights sole discretion.
If you have purchased Products, New Insights has no obligation to monitor your use of the Services. New Insights reserves the right to review your use of the Services and to cancel the Services in its sole discretion. New Insights reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever. New Insights reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against New Insights or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Except as set forth below, New Insights may also cancel your use of the Services, after thirty (30) days, if you are using the Services, as determined by New Insights in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behaviour by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event New Insights cancels Your Services during the first thirty (30) days after you purchase the Services, You will receive a refund of any fees paid to New Insights in connection with the Services being cancelled. In the event New Insights deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to New Insights if, for any reason, New Insights takes corrective action with respect to Your improper or illegal use of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree New Insights may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay New Insights liquidated damages of £1 GB for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay New Insights 's actual damages.
7. INTELLECTUAL PROPERTY.
You agree that New Insights or its licensor holds all rights, title and interest in all Products and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Product. You understand and agree that all content and materials contained in this Agreement, other policies, the New Insights Web site, and any affiliated Web sites, materials, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as, any other applicable proprietary rights and laws, and that New Insights or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of New Insights or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
8. USE OF New Insights SOFTWARE.
If you have licensed software and services from New Insights, New Insights grants You a limited, non-exclusive, non-transferable and non-assignable, non-sharing license to use the software and materials for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the Software. You agree you are not authorized to combine the Software with any other software programme, create derivative works based upon the Software, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. New Insights reserves all rights to the Software and materials. The Software, materials and any copies you are authorized to make are the intellectual property of New Insights. The source code and its organization are the exclusive property of New Insights and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant you any rights in the Software and all rights are reserved by New Insights. New Insights provides this Software, services, and materials “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
9. FEES AND PAYMENT.
As consideration for the Products purchased by you and provided to you by New Insights, You agree to pay New Insights immediately at the end of your 30 day free trial period. New Insights expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by you by providing either a valid credit card, or using New Insights’ prepaid services such as “paid on site at events” or checks.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month.
If for any reason New Insights is unable to charge Your Payment Method for the full amount owed New Insights for the Services provided, or if New Insights is charged a penalty for any fee it previously charged to Your Payment Method, You agree that New Insights may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason New Insights is unable to charge Your credit card with the full amount of the Services provided, or if New Insights is charged back for any fee it previously charged to the credit card You provided, You agree that New Insights may pursue all available remedies in order to obtain payment. You agree that among the remedies New Insights may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any Services registered, bought or renewed on your behalf. New Insights reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties you have elected to use as payment methods, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change Your Payment Method at any time by logging into “user profile”.
You agree that you are solely liable for arranging that Your Services are renewed, and that New Insights shall not be liable to you or any third party if it is unable to charge Your Payment Method in order to renew Your Services. While all purchases are processed in US dollars, New Insights may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, New Insights makes no representations or warranties that the actual price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price.
A. Pay by PayPal (for use with one time payment only and can not be used with reoccurring orders)
By using New Insights’ pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase New Insights Products using PayPal. In consideration for the Products purchased by you and provided to you by New Insights, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable. It is your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and New Insights will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, you agree that PayPal and New Insights may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of £25.00 or the maximum amount allowed by law, which may be debited from your account by PayPal or charged to Your Preferred Funding Source.
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL New Insights BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE PRODUCTS OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF New Insights HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, New Insights’ liability is limited to the full extent permitted by law. You agree that in no event shall New Insights’ maximum aggregate liability exceed the total amount paid by you for the particular Products in dispute purchased from New Insights.
12. DISCLAIMER OF WARRANTIES.
New Insights expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. New Insights makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. New Insights does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless New Insights and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with New Insights whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from New Insights or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold New Insights harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or wilful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should New Insights be notified of a pending law suit, or receive notice of the filing of a law suit, New Insights may seek a written confirmation from you concerning your obligation to indemnify New Insights. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that New Insights shall have the right to participate in the defence of any such claim through counsel of its own choosing. You agree to notify New Insights of any such claim promptly in writing and to allow New Insights to control the proceedings. You agree to cooperate fully with New Insights during such proceedings. You agree to cooperate fully with New Insights during such proceedings. You agree You will not be entitled to a refund of any fees paid to New Insights if, for any reason, New Insights takes corrective action with respect to Your improper or illegal use of its services. You also agree that if New Insights is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with New Insights , that New Insights , in its sole discretion, may take whatever action New Insights deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the country of England. You agree that the laws and judicial decisions of England, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of England. For the adjudication of disputes concerning the use of any domain name registered with New Insights, You agree to submit to jurisdiction and venue in England, you agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
15. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from New Insights to you may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address you have on file with New Insights. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to New Insights shall be made either by email, sent to the address provided on the New Insights Web site, or first class mail to New Insights’ address at:
New Insights Life Coaching - 15-17 Middle Street - Brighton - East Sussex - England - BN1 1AL
16. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers constitute the complete and only Agreement between You and New Insights regarding the Services contemplated herein.
18. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
19. WAIVER.
The failure of New Insights to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of New Insights thereafter to enforce such provisions.
20. FORCE MAJEURE.
New Insights will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold New Insights liable for any of the consequences of such interruptions and no refunds shall be warranted.
21. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
22.ATTENDENCE AT EVENTS OR CALLS/MEETINGS
I agree that I am freely and willingly participating in the New Insights seminars, calls, web conferences, meetings, and do hereby grant New Insights, Neil Asher and/or its agent (herein New Insights) or designated entities permission to record and duplicate recordings of any and all, but not limited to, conference presentations, webcasts, teleseminars, testimonials, questions and answers, etc.
I understand that I will not receive any compensation either financially or in any other form, neither implied nor inferred, from the sale of these recordings, regardless of the product format (audio, visual, written, etc.) and further authorize the use of myself, voice and/or likeness on the aforementioned.
Any funds from the sale of these recordings past, future, or present will be exclusively for the benefit New Insights. New Insights shall own all rights to any and all such works and may make any use or non-use of such works without payment or obligation to the attendee or customer.
END