Inner Circle Terms and Conditions
1.1 These terms and conditions apply to the provision of the Inner Circle Mastermind (“the Mastermind”) by The Money Panel Ltd, a company registered in England and Wales under company number 10267198, whose registered office is 123 Harvey Drive, John Wilson Industrial estate, Whitstable, CT5 3QY (“the Company”) , to the person purchasing access to the Mastermind (“the Client” “You”).
2.1 Provision of the Mastermind will be subject to these terms and conditions and you are deemed to have accepted them when you complete your purchase of the Mastermind, unless we expressly agree in writing otherwise.
2.3 These terms and conditions along with our Privacy Notice which can be viewed at www.themoneypanel.com represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous course of dealings. Any reference to terms and conditions and/or this Agreement shall be deemed to include the Privacy Notice. For the avoidance of doubt these terms and conditions shall take priority over any other document in the event a conflict arises.
2.4 The Agreement between us will commence when you purchase access to the Mastermind and it shall continue until such time as it is terminated in accordance with these terms and conditions.
2.5 In accordance with the terms and conditions set out within this Agreement the Company agrees to provide the Services, as defined below, to the Client in exchange for payment of the Fee (as defined below).
2. The Services
2.1 The Services to be provided by the Company as part of the Mastermind shall include:
2.1.1 Bi- weekly group coaching sessions lasting no less than 30 minutes delivered via Zoom or other online meeting facility (“the Sessions”);
2.1.2 Group accountability via private Facebook group;
2.1.3 Quarterly group face to face meetings;
2.1.4 Access to tools, resources, worksheets;
2.1.5 Access to guest expert training sessions to be delivered via Zoom or other online meeting facility. (“the Services”)
2.2 The Company will confirm the date and time of each Session with the Client via the Facebook group . The Client understands and accepts that it is the Client’s responsibility to take note of the Session times and to attend the Sessions at the agreed time.
2.3 The Client understands and accepts that it is the Client’s responsibility to check their emails regularly.
2.4 The Client accepts that since the Sessions are all group sessions, in the event the Client is unable to attend a Session or fails to attend a scheduled Session, then the Client shall simply forfeit the right to that Session. Sessions will not be rescheduled if the Client is unable to attend.
2.5 In the event the Company is unable to attend a scheduled Session then the Company will make all reasonable attempts to provide the Client with as much notice as possible and shall use reasonable endeavours to ensure that the Session is rescheduled to a mutually acceptable date.
2.6 The Company shall use reasonable endeavours to respond to any Facebook messages sent by the Client, or comments made by the Client within the private Mastermind Facebook within 48 hours of receipt by the Company, where the Company has been clearly tagged or otherwise clearly notified of such message or comment.
2.7 Should the Client require any further contact in addition to the Services provided as part of the Mastermind then such contact will be in addition to the Services agreed herein and a further agreement will need to be arranged and separate terms and payment agreed.
3. Client’s Obligations
3.1 The Client accepts and acknowledges that entering into this Agreement does not establish any form of legal business relationship and that the Company is only liable to the Client in respect of the Services provided and to the extent as set out herein.
3.2 The Client accepts that as part of the Client’s participation in the Mastermind that they may be required to review and make decisions concerning their personal and home life, business and career, finances, lifestyle, education and development and health and wellness and that any such reviews, subsequent decisions, implementation and action will be the sole responsibility of the Client.
3.3 The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of any matters reviewed or discussed during the Mastermind and that the Company shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Mastermind.
3.4 The Client understands and accepts that engagement in the Mastermind and acceptance of the Services is not a substitute for counselling or other therapy services. In the event that the Client is currently undergoing medical or other professional help concerning their mental health then the Client should inform their practitioner of the existence of this Agreement and the extent of the Services being provided and inform the Company if appropriate and relevant.
3.5 The Client acknowledges that it is their responsibility to attend the Sessions as agreed and during such sessions to participate fully, and communicate openly and honestly.
3.6 The Client acknowledges and understands that the Mastermind is a group experience and that the Sessions are group sessions hosted by the Company. The Client agrees to conduct themselves in a reasonable and responsible manner at all times during Sessions and the duration of the Mastermind and not to act in a manner which may cause offence, distress or alarm to any other member of the Mastermind or any other individual who is a member of any affiliated network and/or group of the Company which the Client has access to.
3.7 In the event the Client acts in a way which is disruptive, or which causes offence, distress or alarm, to any other Mastermind participant then the Client will be excluded from the Session and /or removed from any or all of the supporting online platforms in place for the Mastermind. Following such removal and exclusion the Company will arrange a meeting with the Client to discuss the matter and to determine whether the Client will be removed and/or excluded permanently from the Programme. Such decision to be at the Company’s absolute discretion.
3.8 In the event the Client has concerns as to the Company’s delivery of the Services or the Client’s participation in the Mastermind in any way the Client agrees to notify the Company of such concerns by email as soon as possible. The Company agrees that upon receipt of notification of such concerns that the Company will use all reasonable efforts to resolve the Client’s concerns in accordance with the Complaints policy.
3.9 The Client understands that once signed, this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement and that refunds will only apply as set out in Clause 7 below.
3.10 The Client confirms that all information provided to the Company, including Personal Information is true, correct, up to date and complete.
3.11 The Client agrees and understands that participation in the Mastermind does not guarantee results or success. As part of the Mastermind the Client will have access to information, resources, people, and support all designed to benefit the Client but it is the Client’s responsibility to take action within their business and to implement the necessary information received and/or skills or tools shared.
3.12 The Client understands and accepts that any materials or information provided during delivery of the Services as part of the Mastermind is for general information purposes and does not constitute any legal or financial advice.
3.13 The Client agrees to indemnify and hold harmless the Company for any action taken against the Company due to the Client’s violation or disregard of:
a) any provision of this Agreement;
b) the Client’s participation in any way in the Mastermind.
4. Payment Terms
4.1 The Fee for access to the Mastermind is £97.00 per calendar month (“the Fee”) and is exclusive of VAT.
4.2 Payment of the Fee shall be made by bank transfer or Stripe using the details which will be confirmed to you by email;
4.3 The Fee must be paid on or before the 01 January 2020 and without deduction, set off or any withholding except as may be required by law.
4.4 An initial minimum period of 12 months will apply to your participation in the Mastermind. After this initial period a rolling monthly period will apply. Any request to cancel your participation in the Mastermind should be made in accordance with clause 7.1 below.
4.5 At the end of the initial 12 month period, unless you have cancelled your participation in the Mastermind in accordance with clause 7.1 below, your participation in the Mastermind will automatically renew for a further month on a rolling basis and you authorise the Company to request payment of the Fee from your chosen payment method each month until such time as you cancel your participation in the Mastermind.
5. Late Payment
5.1 The Client is responsible for ensuring that Payment of the Fee, or any instalment of the Fee, is paid in full and on time in accordance with the payment terms set out hereto.
5.2 Without prejudice to any other remedies available, where a Client’s account is beyond 7 days overdue, the Company shall be entitled to charge a fixed administration fee of £50 and to withhold delivery of Services until payment has been made in respect of the outstanding amount.
5.3 In the event a Client’s account is beyond 30 days overdue the Company shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with interest and any accrued costs incurred.
6. Refund Policy
6.1 No refund policy shall apply to the Client’s purchase of the Programme save for Clauses 9.2.
6.2 In the event an unforeseen or unexpected event arises that prevents the Company from delivering the Services as set out within this Agreement then the Client may be entitled to a partial refund of the Fee amount paid based on a pro-rata calculation of Sessions remaining. The decision to offer a refund in such circumstances is at the discretion of the Company and will be decided on a case by case basis.
7.1 This Agreement may be terminated by either party providing written notice in accordance with the terms of this Agreement in the following circumstances:
7.1.1 either Party commits a material breach, and in the event that it is a breach being capable of remedy, the Party in breach fails to remedy the breach within 14 days of being notified of the breach by the other Party; or
7.1.2 either Party commits a material breach which is incapable of being remedied;
7.1.3 either one of us provides the other party with 30 days’ written notice to cancel this Agreement. Cancellation will take effect as follows:
18.104.22.168 a cancellation notice submitted on or before the start of month 11 of the initial 12 month period means you participation in the Mastermind will not renew after month 12;
22.214.171.124 a cancellation notice submitted on or before the start of a new month, once the initial 12 month period has expired, means that your participation in the Mastermind will not renew at the end of that month.
Please remember that no refunds apply and you will remain liable for full payment of the Fee despite any notice of cancellation.
7. 2 The Company will be entitled to limit the Services or suspend, and/or terminate the Agreement without refund of any Fee, whether paid or remaining due and payable, if the Company reasonably determines that the Client:
a) is becoming disengaged, disruptive, or if the Client impairs the participation or progress of the Mastermind and/or provision of the Services. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Services, repeatedly missing Sessions without reasonable justification or reason, failing to positively contribute to discussions during Sessions or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence to the Company or any other Mastermind Participant; and/or
b) is failing to follow or abide by any of the terms set out within this Agreement or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
7.3 Upon termination for any reason the Client’s access to all Services, will be removed and the Company will not be liable to the Client for any claims relating to the removal of that access.
8. Confidentiality, Intellectual Property and Data Protection
8.1 In order to maximise the efficiency and results of the Mastermind the Client accepts that they and other Mastermind participants will be encouraged to disclose personal and / or confidential information. The Company understands and respects the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for his/her own benefit or for the benefit of any other person or entity, the Client’s ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential Information”) that the Client may disclose to the Company or that may be disclosed as part of the provision of the Services to which this Agreement relates.
8.2 Confidential Information for the purposes of this Agreement excludes any information that:
a) was already known to the Company prior to being provided with that information by the Client;
b) is already accessible in the public domain;
c) is provided to the Company by a third party separately from this Agreement and without any breach of the terms of this Agreement; or
d) is produced, developed or collated by the Company independently of the Client and without any breach of the terms of this Agreement.
8.3 In the event information is provided to the Company by the Client which causes the Company to fear that the Client is at risk of danger to themselves or others then in such circumstances the Company will be permitted to disclose such information as is necessary for the protection of the Client or others.
8.4 This clause will not apply in the event the Company is subject to a relevant court or other form of legal or statutory order requiring disclosure by the Company.
8.5 By entering into this Agreement the Client hereby agrees and undertakes;
a) not to infringe any of the Company’s or any other Mastermind participant’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;
b) that any Confidential Information disclosed by the Company or another Mastermind participant is confidential and proprietary, and belongs solely and exclusively to the Company or the Mastermind participant that disclosed it;
c) not to disclose such Confidential Information to any other person or use it in any manner other than in discussion during Sessions;
d) that all materials, information and any data provided by the Company or a Mastermind participant are that individual’s confidential and proprietary intellectual property and belong solely and exclusively to them, and may only be used by the Client as expressly authorised by the Company or the Mastermind participant; and
e) the reproduction, distribution, and/or sale of any information or materials provided during provision of the Services or at any time thereafter by anyone but the Company is strictly prohibited. The Client agrees that in the event of any breach of their obligations contained in this Agreement then damages, loss or irreparable harm may arise and that in such circumstances the Company will be entitled to seek relief, including injunctive relief against the Client.
8.6 In respect of the Services to be provided under this Agreement the parties agree that in relation to any information, whether confidential or not, that is shared between the Parties that they shall be individually responsible to comply with any and all relevant data protection laws and legislation.
8.7 Any information or data that is provided by the Client pursuant to this Agreement, including Confidential Information, will be maintained by the Company and stored, accessed and processed in accordance with recognised data protection legislation.
8.8 Both Parties agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing.
8.9 Both Parties agree to providing a copy of all information held upon receipt of a proper and reasonable data request. Any such request shall be dealt within a reasonable time.
8.10 All documentation and information provided to the Company during the course of the Mastermind will be retained in accordance with relevant retention guidance for a period of no less than 6 years.
9.1 The Company has made every effort to accurately represent the Mastermind and the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. As with any business endeavour, there is an inherent risk of loss of capital and the Company makes no guarantee, representation or warranty with respect to the Services provided.
9.2 The Company will not be liable to the Client for any indirect, consequential or special damages.
9.3 In the event damages are incurred by the Client as a result of the Company’s default or violation of any of the terms of this Agreement, the Company’s entire liability under this Agreement is limited to the amount paid by the Client to the Company as at the time the loss is sustained.
9.4 During the term of this Agreement and at any time thereafter, the Client agrees to take no action which is intended, or would reasonably be expected, to harm the Company, her agents, employees, contractors, clients, or any other Mastermind Participant, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company, her agents, employees, contractors, or clients.
9.5 In the event a dispute arises in connection with this Agreement and the provision of the Services which is incapable of being resolved by mutual consent then the Parties agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then legal action shall be commenced.
9.6 The Parties agree that they have adequate Insurance cover to meet any liabilities that may arise in connection with this Agreement.
10.1 Where reference in this Agreement is made to the provision of a notice then any such notice shall be validly served if sent by email, or first class post to the address of the other party as set out in this Agreement and shall be deemed served as follows:
a) if sent by email, upon receipt of a valid delivery notification, if prior to 5pm UK time, or at 9am the following business day;
b) if by post, on the second business day after posting.
11.1 The failure of either Party to actively enforce any provision of this Agreement shall not prevent that party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
11.2 In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
11.3 This is the entire agreement between the Parties and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of this Agreement. This agreement shall not be varied except in writing signed or entered into by both parties.
11.4 Every effort will be made to carry out this Agreement and provide the Services, but the Company shall not be liable for any delay or failure in provision of the Services should the Company be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond the Companies control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will the Company be liable for any loss or damage suffered by the Client as a result thereof.
11.5 The Company acknowledges the importance of telecommunications to the delivery of the Programme and agrees to use all reasonable endeavours to provide reasonable contingency provisions to limit any impact or delay which may be caused to the provision of the Services by delay or failure of Telecommunications services. Nothing in this provision will affect the application of this clause where an unexpected event occurs.
11.6 This Agreement is formed in the United Kingdom, the principal place of business for the Company and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and the laws from time to time in force.
11.7 The Client agrees that no other representations have been made by the Company to induce the Client into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.
11.8 Save as provided for in clause 9.4 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
11.9 The Client acknowledges that he/she has been given sufficient time to seek legal advice prior to entering into this Agreement.