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Effective date: April 3, 2023
By clicking the “Buy Now”, “Confirm Order” button or any other similar phrase on a purchase button, entering your credit card information, or making full or partial payment for the Product, for which these terms apply, you (“Client” and/or “Customer”) agree to be provided with the Program created by Simon Beun (“Owner”) in his capacity as the Owner of Fruit Valley Simon Beun, Ul. Slominskiego 19 m.59, 00-195, Warsaw, Poland, NIP: 7010877470 (the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions.
Your access and use of this Site and Program are subject to legally binding terms and conditions that you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program.
The Company reserves the right to modify, amend, supplement, and replace these terms and conditions at any time without prior notice. Your continued use of this Site and Program after any change indicates your acceptance of the modified terms and conditions.
Fruit Valley Simon Beun (“Company”) is a company incorporated in Warsaw, Poland, which provides prospective and actual business owners with online courses and other educational materials. Company has created The 30-Day Raw Food Challenge (“Program”) to educate Client on how to transition to a raw vegan diet.
B. No Guarantees: The Company does not provide any guarantees about the success that you may achieve through the use of our Site, courses, such as Program, or any of our free offers. The Client acknowledges that the Program has been created by the Company for general educational and informational purposes only, with the objective of teaching the Client new skills and providing awareness of traditional business practices. The Company may offer guidance regarding business decisions through the Program, but it is the sole responsibility of the Client to make the final decision for themselves. By utilizing the Company’s services and purchasing the Program, the Client assumes any and all risks, foreseeable or unforeseeable, arising from such a transaction. The Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. The Client also acknowledges that the use of this Product is at their own risk.
The Client hereby acknowledges that they are solely responsible for the amount and type of income that they generate by implementing the techniques and advice provided by the Program. The Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will result in a lucrative business for the Client. The Client further agrees that they are solely responsible for any decision they make and indemnifies the Company from any liability regarding said decision.
The Company will not be responsible for any promises or guarantees of results in the Client’s life and business. Even if the Client has worked with the Company before and achieved certain results, the Company makes no guarantee that they will happen again. The Company is committed to helping the Client succeed but makes no promises regarding results and provides no guarantees whatsoever.
C. Services: The services provided by the Company do not include specific professional services such as legal or financial advice, business management services, individualized advice and feedback, life coaching or therapy sessions, publicity, public relations, social media marketing services, or introductions to professional networks and business relationships. The Program is designed to assist clients in learning new skills and finding their own direction. While the Program may offer guidance regarding business decisions, it is ultimately the responsibility of the client to make the final decision and choose the best option for themselves. The client acknowledges that business and mindset coaching are subjective services and the Company’s methods may change in terms of style, technique, and content. The Company may use its own judgment to provide the Program services to the client, even if these methods do not strictly adhere to the client’s suggestions, per the nature of said services. The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of the client’s business.
D. Access to the Program: The Company may distribute this Program directly or through a third-party platform. In case of any prevailing circumstances, Company reserves the right to substitute services that are equal or comparable to the value of the Program. The Program can currently be accessed through a third-party platform, Thinkific Labs Inc. (“Thinkific”). However, the Company is not responsible for any limitations in access to the Program caused by Thinkific or any other third-party used to deliver the Program to the Client.
This section of the agreement is focused on the protection of the company’s intellectual property rights. The section outlines the intellectual property owned by the company, which includes materials created by the owner and/or the company on the site and within the program. The intellectual property includes trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of the company’s paid products.
The section also states that the client is granted a limited, personal, non-exclusive, and non-transferable license to use the intellectual property for personal and internal business use only. The client is not allowed to copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the program without prior written consent or unless provided otherwise.
Furthermore, if the client is also a business owner or professional in a similar industry, the client is not allowed to teach their clients/customers/audience any of the information, methods, solutions, or formulae owned by the company and pass it off as their own. The client is also not allowed to copy any of the company’s product content and/or material for their commercial use.
The section outlines that the license will automatically and immediately terminate if the client violates any of the restrictions regarding the company’s intellectual property. If the company suspects that the client has violated any of the restrictions, the company may terminate the client’s access at any time. The client must destroy any downloaded materials in their possession whether in electronic or printed format upon terminating their license.
The section also outlines the actions that the company may take if they receive information that the client has misappropriated or used any of the intellectual property belonging to the company, including removing the client’s access to the program, investigating the client’s usage of the intellectual property, blocking the client from accessing future programs or content belonging to the company, and recovering all funds expended on investigating the client’s infringement of the company’s intellectual property, including legal fees and administrative costs.
This passage outlines the terms and conditions regarding access to the Program offered by the Company. Here are some key takeaways from each section:
A. Course Access: Program clients receive lifetime unlimited access to the program. The access period starts immediately upon enrolment.
B. Course Updates: The company actively updates the program to ensure that the majority of students’ biggest roadblocks are anticipated, minimized, and addressed. Students are automatically granted access to any updates within the program’s core curriculum.
C. Course Bonuses: At the time of purchasing and enrolling in the program, the client will receive access to the program core curriculum and select bonuses from the company and third-party contributors. The company may offer additional bonuses from time to time, which are optional and offered for free to students enrolled in the Program.
A. Limitation of Liability and Indemnity. As a prerequisite to using the Site and/or Program, the Client shall indemnify the Company, its directors, agents, employees, and affiliates from any and all liabilities, expenses (including legal fees), and damages resulting from or arising out of the Client’s use of the Site and/or Program. Under no circumstances shall the Company or its agents be liable for any damages resulting from the use or inability to view or use the materials or content on the Site and/or Program, even if the Company has been notified orally or in writing of the possibility of such damage.
B. Client Decisions. The Client acknowledges that the Company shall not be held liable for any injuries that may result from the Client’s actions, omissions, or decisions made based on the Client’s participation in or use of the Program. Such decisions include but are not limited to, decisions to leave a job, change his diet, seek medical intervention, or make any health-related decisions. The Client agrees to indemnify and hold the Company harmless from any claims that may arise as a result of the Client’s use of the Program.
C. Links to Third Party Websites. The Site may contain links to third-party websites. The Company has no control over the content contained on any linked websites, nor is the Company responsible for any losses or damages that the Client may incur from using such websites. The Company is not liable for any errors or omissions contained in third-party websites. The Company provides these links to improve the Client’s use of the Program, enable the Client to connect with the Company and Owner on various platforms, and facilitate the Company’s offering of accessible services and transactions for the Client.
A. Confidential Information & Non-Disclosure – The Company values its proprietary information and ensures its inclusion in every Program. Therefore, the Client acknowledges and agrees that any Confidential Information disclosed by the Company during the Program is confidential, proprietary, and exclusively owned by the Company. “Confidential Information” includes, but is not limited to:
B. Testimonials – The Company agrees to protect the Client’s personally identifiable information. However, the Company may use general statements about the Client’s success as testimonials as part of its marketing strategy. By accepting these Terms, the Client consents to the Company’s use of their success stories as testimonials in any media at the sole discretion of the Company. By signing up for the Program, the Client grants permission to the Company to use any testimonials in its marketing materials and/or promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Instagram stories, public posts or posts inside our Facebook groups, and direct messages with the Company and/or Owner. The Company will blur last names on screenshots used, and the Client understands that all confidentiality provisions apply and that testimonials are the only exception to the Company’s confidentiality obligations.
C. Non-Disparagement – The Client agrees, during and/or after the use of the Product, to refrain from making any false, derogatory, or untrue statements, whether oral or written, that are injurious or negatively impact the Company’s Product, business, services, products, or reputation.
A. The client is agreeing to pay the full purchase amount for the product, regardless of the payment option selected at checkout. The company offers two payment options: paying in full or in monthly installments. If the client chooses the payment plan, they will be responsible for paying all remaining invoices unless they obtain a refund through the company’s refund policy.
B. If any payments fail, the client must remedy the situation immediately, or they forfeit their right to access the program. If the client selects a payment plan, they agree to pay all fees according to the selected payment schedule, and the company reserves the right to send the client to collections for any outstanding payments.
C. The client shall not threaten or make any chargebacks to the company’s account or cancel the credit card provided without the company’s prior written consent. In the event of a chargeback, the company reserves the right to collect any owed money by any means necessary and report the incident to credit reporting agencies.
D. The company may ‘Blocklist’ the client from accessing materials, courses, or other products or services offered in the event of non-payment, disputed payments, or misappropriation of the company’s intellectual property. To be removed from the blocklist, the client must pay the outstanding balance in full and will not be eligible for a refund for the remainder of their course access.
E. The company will permit a one-month grace period to assist the client in getting back on track with their payment plan. However, after this period, the client will be charged a 10% late fee for each month of missed payments, up to one year. To regain access to the program after delinquent payments, the client must make up for all past-due payments and late fees.
F. The company will not be held accountable for any foreign transaction fees charged by the client’s bank.
This program is backed by a 100% money-back guarantee for 30 full days from your original purchase. If you’re not completely satisfied with the program, your results or your experience in the first 30 days from your purchase simply let us know by dropping us an email and we’ll give you a full refund. Past these initial 30 days from purchase, we do not offer refunds and the program is non-refundable. If the customer did not contact us through email to request a refund and instead opened a dispute with his bank within the period of 30 days after purchase, they will receive a full refund minus 15 USD which we will need to pay as a dispute fee because the customer opened a dispute.
A. The agreement states that these terms and conditions, along with any other legal notices, policies, and guidelines on the website, constitute the entire agreement between the client and the company, and supersedes any prior understandings or agreements. It also states that the agreement can only be amended or modified by the company.
B. This section mentions that headings are included for convenience purposes only and will not affect the interpretation of the agreement. It also clarifies that if any portion of the agreement is held to be unenforceable, it will not affect the remaining portions of the agreement, which will remain in full effect. If any portion of the agreement is held to be unenforceable, it will be interpreted in compliance with applicable law in a way that best reflects the original intentions of the parties.
C. The company may revise these terms of use at any time without notice, and the client agrees to be bound by the agreement by using the website and/or program.
D. The governing law for this agreement is the laws of Poland, as the company is located in Poland and is subject to its laws.
E. This section limits the maximum amount of damages that the client may be entitled to in any claim arising from the agreement or program to the total cost of the program.
F. By selecting and confirming “I agree to the Terms & Conditions” at the product checkout page and making the first payment, the client agrees to accept the entire agreement.
Last Updated: April 3rd, 2023
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