PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACKNOWLEDGE THESE TERMS NOR ACCESS MARLI LUYT'S PROGRAMMES OR CONTENT.
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Marli Luyt digital or downloadable resources, online course, one-on-one or group coaching, class, programme, pre-enrollment promotional programme or offer, workshop, or training, video, member portal(s), enter any online private forums operated by Marli Luyt (for any purpose), whether on a website hosted by Marli Luyt, including https://marliluyt.com (“Website”), or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by Marli Luyt; and/or purchase or take part in any future service or activity offered by Marli Luyt, whether now known or unknown (collectively the “Programme”).
If you do not agree with these TOU, you may not use the Programme or Website.
1. The Programme
As part of the Programme you select at checkout, you will receive the services outlined on the web page where you registered. Marli Luyt reserves, in her sole right and discretion, the right to adjust the Programme, including the services and/or pricing at any time. Except as otherwise expressly provided for in these TOU, any modification to the Programme will take effect following notice to you.
If you register for the Programme, you understand and agree that you may be coached by Marli Luyt, guest coaches, and/or your peers that are also participating in the Programme. In the event Marli Luyt is not in attendance for a group meeting for any reason including, but not limited to, illness, injury, or any other unforeseen circumstance(s), Marli Luyt may, in her sole right and discretion, designate a qualified host of Marli Luyt’s choosing to carry out the meeting.
Please note that if you disagree with Marli Luyt’s designated choice of host in the event Marli Luyt is unavailable for the Programme meeting, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
2. Participants
The Programme and Website are intended and only suitable for individuals aged eighteen (18) and above. Some of the content in the Programme and on the Website may not be appropriate for children. Children under the age of eighteen (18) are not permitted to use the Programme or Website. Marli Luyt hereby disclaims all liability for use by individuals under the age of eighteen (18).
If you wish to participate in another session of the Programme in the future or purchase any other products, programmes or services from Marli Luyt, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
3. Payment
You agree to the fees and payment schedule for the Programme you selected at checkout.
If paying by debit card or credit card, you give Marli Luyt permission to automatically charge your credit or debit card for all fees and charges due and payable to Marli Luyt, without any additional authorisation, for which you will receive an electronic receipt. You also agree that Marli Luyt is authorised to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Unless stated otherwise, payment in full is required before you are permitted to participate in any Programme. If payment is not received when due, Marli Luyt reserves the right to terminate your access to the Programme and all Content immediately and permanently.
If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from the Programme at any time or for any reason, you will remain fully responsible for the full cost of the Programme and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. Marli Luyt reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse Marli Luyt for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. Refunds
Marli Luyt stands proudly behind the Programme promises and results and therefore there is a strict no-refund policy.
Your satisfaction with the Programme is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Programme we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programme and no refunds will be provided to you at any time. By using and/or purchasing our Programme, you understand and agree that all sales are final, and no refunds will be provided.
You further acknowledge, represent, warrant and agree that, by entering into this Agreement, you are taking full responsibility for your own success and therefore you will not request a refund. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under these Terms with your nominated credit card provider.
Since we have a clear and explicit No Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Programme, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
For most services bought online you have a legal right to change your mind (Consumer Agreements Regulations 2013) within 14 days and receive a full refund for services paid for but not used, which is termed a “Cooling-Off Period”. If you ask us to commence the Services within the Cooling-Off Period, you will lose your right to a full refund if you then ask us to stop providing the Services. In this case, we will deduct for the Services you have been provided before making a refund.
To exercise the right of withdrawal, you should inform Marli Luyt of your decision to withdraw by an unequivocal statement (e.g., a letter sent by post or by emailing Marli Luyt at [email protected].
Model Withdrawal Form (complete and return this form only if you wish to withdraw from the contract)
To Marli Luyt:
I [your name] hereby give notice that I [your name] withdraw from my participation in [insert programme name] that I purchased on [insert date]. I also withdraw from the Terms and Conditions Agreement that I acknowledged when registering for [insert programme name],
Acknowledged on [insert date] / Received on [insert date],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (physical or electronic),
Date
Any deviation by Marli Luyt from these policies, as determined in Marli Luyt’s sole discretion, does not constitute a waiver of these policies and you will not be entitled to a refund on that basis.
5. Intellectual Property Rights
5.1 Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through Marli Luyt’s website, any third-party website Marli Luyt may use to distribute or host the Programme, contained in e-mails sent to you by Marli Luyt, or provided at in-person events by Marli Luyt, as well as the look and feel of all of the foregoing (“the Content”) is property of Marli Luyt, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
5.2 Marli Luyt’s Limited License to You
If you view, purchase, or access the Programme or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Programme and Content for your own personal purposes or your own internal business use only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients, or customers, or any other third party, or otherwise use any any of Marli Luyt’s Confidential Information, including, but not limited to, materials (whether in electronic form or made available to you in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials for commercial purposes or in any way that earns you or any third-party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the Programme or Content for personal use you in no way assume any ownership rights of the Content – it is still Marli Luyt’s property. Any unauthorized use of any materials found in the Programme or Content shall constitute infringement.
You must receive Marli Luyt’s written permission before using any of the Programme or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Programme or Content are trademarks belonging to Marli Luyt, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license are reserved by Marli Luyt.
6. Lifetime Access to Content and materials in Programme
You are granted lifetime access to the Programme materials and Content, for the life of the Programme only.
This means you will have access to any Programme materials found within the Programme, provided your account is in good standing, for as long as Marli Luyt continues to host and provide access to the Content you have purchased.
Please note that Marli Luyt, in her sole right and discretion, may temporarily suspend or terminate your lifetime access in the Programme at any time, without providing notice to you, if in Marli Luyt’s discretion you have violated these TOU in any way.
7. Unauthorized Use
Your use of any materials found in Programme or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Programme in the event of your Unauthorized Use, or a minimum of Five Thousand Pounds (£5,000.00) if you did not pay fees for the Programme, in addition to any legal or equitable remedies Marli Luyt may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this TOU would cause irreparable injury to Marli Luyt that may not be adequately compensated by damages, entitling Marli Luyt to obtain injunctive relief, without bond, in addition to all legal remedies.
8. Your License to Marli Luyt; Use in Testimonials and Marketing
By posting or submitting any material during the Programme such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to Marli Luyt that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting Marli Luyt an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting Marli Luyt the right to make it part of Marli Luyt’s current or future Programme and Content. This right includes granting Marli Luyt proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by Marli Luyt to you. You acknowledge that Marli Luyt has the right but not the obligation to use any contributions from you and that Marli Luyt may elect to cease the use of any such contributions in the Programme or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by Marli Luyt during the Programme that may contain you, your voice and/or your likeness. In Marli Luyt’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to Marli Luyt or created by in connection with your participation in any Programme, without compensation to you at any time, now or at any time in the future.
You also grant Marli Luyt the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or Marli Luyt, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Programme or in our Content at any time for any reason.
This means you give Marli Luyt permission to use anything you submit or post in the Programme or any third-party forum or website operated by Marli Luyt, or anything captured by you or Marli Luyt during your participation in the Programme, including images in which your face is visible and recognisable or your full name.
9. Responsibilities of The Parties
This relationship is co-creative, meaning that Marli Luyt and you are equal partners in the learning process.
- Marli Luyt’s Responsibilities
We will begin the Services when we accept the first payment. The estimated completion date for the Services is as told to you during the order process.
We may need certain information from you so that we can supply the Services to you, for example, your name, date of birth, home address, email address. If so you will be advised of this verbally or in writing. If you do not give us the information mentioned within a reasonable time of us asking for it, or if you give us incomplete or incorrect information:
a) we may either end the agreement or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result; and
b) we will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Your Responsibilities for Best Results
You commit and agree to faithfully execute all of the lessons, assignments, and course work in the Programme to the best of your ability. You further agree to attend all scheduled 1:1 sessions included as part of the Programme (if applicable). You also acknowledge that creating results requires effort and that you are prepared and committed to faithfully make that effort.
The Programme is developed for strictly educational purposes ONLY. You accept and agrees that you are 100% responsible for your progress and results from the Programme.
Marli Luyt makes no representations, warranties or guarantees verbally or in writing. You understand that because of the nature of the programme and extent, the results experienced by each client may significantly vary. Marli Luyt assumes no responsibility for errors or omissions that may appear in any programme materials.
10. Confidentiality
Marli Luyt respects your privacy and insists that you respect Marli Luyt’s and Programme Participants’ privacy (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Programme participants or any representative of Marli Luyt is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information. You agree not to use such confidential information in any manner other than in discussion with other Participants during the Programme.
You agree that Marli Luyt shall not be liable for the disclosure of any of your information by another Programme participant. You agree to keep all information you learn about other Programme participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
Marli Luyt may record coaching calls and share them in the Programme, on the Website, or on third-party forums operated by Marli Luyt. You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of Marli Luyt’s website or any third-party forums operated by Marli Luyt, without permission. If Marli Luyt discovers you have done so without permission, this will be grounds for immediate termination of your access to the Programme and Content and you will not be issued a refund.
11. Username and Password
To access certain features of the Programme, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If Marli Luyt has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Programme to any other person, Marli Luyt has the right to suspend or terminate your account and refuse any and all current or future use of the Programme or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of Marli Luyt’s website Privacy Policy.
12. Personal Responsibility, Assumption of Risk, Release, Disclaimers
You acknowledge that, by engaging with Marli Luyt for any Programme, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Marli Luyt harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any Programme, whether or not caused by the active or passive negligence of Marli Luyt.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Marli Luyt for the Programme.
The Programme and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Programme or Content prevents, cures, or treats any mental or medical condition. The Programme and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. Marli Luyt disclaims any liability for your reliance on any opinions or advice contained in the Programme.
- Earnings and Results Disclaimer
You agree that Marli Luyt has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Programme. Marli Luyt cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Programme, and you understand that results and earnings differ for each individual.
- Product Warranty
The information, products and services offered on or through the Programme and Content are provided ‘as is’ and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Marli Luyt disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Marli Luyt does not warrant that the Programme or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the website, including membership pages, or the servers that make it available, are free of viruses or other harmful components. Marli Luyt shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use, the Programme, including its materials, products or services, or third-party materials, products or services made available through the Programme.
13. Security
Security for all personally identifiable information is extremely important to Marli Luyt. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Marli Luyt may be unlawfully intercepted by third parties not under our control. Marli Luyt does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Marli Luyt are done at your own risk.
14. Legal Disputes
This Agreement and any disputes relating to this Agreement shall be governed and construed in accordance with the laws of England and Wales, without regard for its conflicts of laws principles. The Parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such courts in any action or proceeding. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable worldwide
15. Indemnification
You agree to defend, indemnify, release, and hold harmless Marli Luyt and any officers, agents, contractors, partners, assigns, successors-in-interest and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Programme or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Marli Luyt’s website or any third-party forum or website operated by Marli Luyt, (iv) your use of materials or features available in the Programme or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Marli Luyt) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the laws of England and Wales. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
16. Force Majeure
Marli Luyt shall not be deemed in breach of this TOU if Marli Luyt is unable to complete or provide all of the Programme or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, technical or electrical difficulties, epidemic, pandemic, death, illness or incapacity of Marli Luyt or any of its members, employees, contractors, or agents, any local, state, federal, national or international law, governmental order or regulation or any other event beyond Marli Luyt’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Marli Luyt shall give notice to Client of its inability to perform or of delay in completing or providing the Programme and shall propose revisions to the schedule for completion of the Programme or other accommodations or may terminate this TOU.
17. Entire Agreement, Severability, Modification, And Waiver
This agreement constitutes the entire agreement between you and Marli Luyt with respect to the Programme, Content and Website and supersedes all prior, contemporaneous written or oral communications between you and Marli Luyt regarding the Programme, Content and Website. If any part of the terms of this TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any of the provisions of this TOU shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Marli Luyt may change, modify, or update these TOU at any time. Any access or use of the Programme or Content by you after Marli Luyt publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these terms, contact [email protected].
By clicking on the box when signing up for the Programme, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Programme or Content.
