In these Terms, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:
- (a) “Courses” means the personal development training courses and related Course Materials provided by MyPhy, details of the Courses available from MyPhy are set out on the Website;
- (b) “Course Materials” means any documentation, articles, web pages, online modules or consulting project materials provided as part of a Course;
- (c) “MyPhy” means MyPhilosophy SA, 148 Route de Veyrier, 1234 Vessy, Switzerland);
- (d) “Terms” means the terms and conditions set forth herein;
- (e) “You” or “Your” refers to any person who uses the Website or whose order forCourses is accepted;
- (f) “Website” refers either to the website at www.myphy.com and www.myphilosophy.clickfunnels.com/myphilosophy-students-membership-area
2. YOUR ACCEPTANCE OF THESE TERMS
2.1. By using the Website or by otherwise agreeing to be supplied with the Courses, You agree to be legally bound by these Terms, and that Your use of the Website and the Courses will be on these Terms alone.
2.2. MyPhy reserves the right to change these Terms from time to time. You are responsible for regularly reviewing these Terms and any amended terms posted on the Website or otherwise notified to You. Your continued use of the Website and/or the Courses constitutes Your agreement to these Terms as amended.
Except as otherwise expressly agreed by MyPhy in writing, the price of each Course shall be the price mentioned on the Website or on any other designated sales page related to the website, at the date of purchase.
4. CANCELLATION OF ORDER AND REFUND
You have the right to cancel any order of Course made to MyPhy within 30 days of your payment, notice of cancellation must be received by MyPhy during this 30-day period, via email at the following email address: email@example.com.
Your payment will be refunded in the best possible delay.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Any content on the MyPhy Website constitutes the intellectual property of MyPhy. Except where expressly authorized, no material on any MyPhy website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The MYPHY trademark and logo are proprietary marks and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by MyPhy or any of MyPhy’s affiliates.
5.2. MyPhy or its licensors own all title, copyright and all other intellectual property rights (including without limitation, database rights, trade marks, patents, and designs, whether registered or unregistered) in and to all Courses and Course Materials. You acknowledge that You do not own and shall not acquire any title, copyright or any other intellectual property rights in and to the Website and/or the Courses or any Course Materials and You shall not modify, translate, adapt or otherwise amend the same otherwise than in accordance with applicable law.
5.3. Except as otherwise expressly stated on the Website, in the Course or in the Course Materials, the Courses, and the Course Materials are supplied for Your private information and educational use. Any commercial use, copying, distribution, transmission or publication of the whole or any part of the Course or the Course Materials and/or the Website is strictly prohibited without the express prior written consent of MyPhy.
5.4. All rights not expressly granted to You under these Terms are reserved to MyPhy or its licensors.
5.5. MyPhy or its licensors will retain copyright on all authored material, unless otherwise agreed.
6. USE OF THE WEBSITE AND COURSES
You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use the Courses and/or the Website, is compatible with the Courses and/or the Website and is capable of running the Courses and/or the Website content.
You must not attempt to interfere in any way with the proper working of the Website and/or the Courses and in particular You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other internet connected device.
7. INFORMATION, REGISTRATION, USER NAME, PASSWORD
As a user of the Website and the Course, You will be required to create an account with MyPhy. You warrant that the information You provide MyPhy is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your user account, and You agree not to transfer Your password or user name, or lend or otherwise transfer Your use of or access to Your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to MyPhy under Your user account. You agree to immediately notify MyPhy of any unauthorized use of Your password or User name or any other breach of security related to Your user account. You agree that MyPhy is not liable, and You will hold MyPhy harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
You agree to protect, defend, indemnify and hold harmless MyPhy, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit (including any costs, claims, demands, losses or liabilities (including reasonable legal fees)) incurred by MyPhy arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against MyPhy for liability for payments for, damages caused by, or other liability relating to, You.
9. WARRANTIES AND DISCLAIMER
9.1. MyPhy warrants that the Courses and the Website shall be provided with reasonable skill and care, and that the Course Materials will be of satisfactory quality and compliant with any sample Course Materials supplied to you for approval.
9.2. MyPhy will endeavour to make the Website and the Courses available but cannot guarantee that the Website and/or the Courses will operate continuously or without interruptions which could affect use of the Website and/or the Courses. The Courses and/or the Website may provide links to other websites, which are not under the control of MyPhy. MyPhy shall not be responsible in any way for the content of any such other websites. You acknowledge that MyPhy provides such links only as a convenience. The inclusion of any link does not imply any kind of endorsement by MyPhy.
9.3. The Website and/or the Courses are provided as is and do not constitute professional advice. MyPhy does not accept any responsibility or liability for any loss which may arise from reliance on information contained on the Website and/or in the Courses.
9.4. The above warranties are MyPhy’s only warranties and MyPhy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MyPhy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Courses or the Course Materials.
10. LIMITATION OF LIABILITY
10.1. Nothing in these Terms shall operate to exclude or limit MyPhy’s liability for:
(a) Death or personal injury caused by the negligence of MyPhy, its servants, agents, employees or subcontractors;
(b) Fraudulent misrepresentation; or
(c) Any breach of any implied term which cannot be excluded or limited.
10.2. Subject to Clause 10.1, MyPhy shall not be liable to you or any third party for any loss of, damage to or costs in respect of:
(a) Loss of profit, anticipated profits, revenues or anticipated savings, goodwill or business opportunity, or;
(b) Loss of data, or;
(c) Indirect or consequential loss or damage ;
Regardless of whether any of the matters listed in (a), (b), and (c) above are foreseeable, known, foreseen or otherwise.
10.3. Subject to Clause 10.1, the maximum liability of MyPhy arising out of or in connection with any agreement made pursuant to these Terms or any collateral contract, whether in contract, tort (in each case including negligence) or otherwise shall in no circumstances exceed either the sum paid by You to MyPhy.
10.4. Neither party shall be liable to the other for any failure or delay in the performance of its obligations under these Terms caused by circumstances beyond that party’s reasonable control.
11. TERMINATION AND ACCESS RESTRICTION
MyPhy shall have the right, at any time by serving written notice on You (which notice may be served by the sending of an e-mail to Your e-mail address), to cancel Your registration and access to the Website and/or the Courses if You are in breach of any material term of these Terms. MyPhy reserves the right, in its sole discretion, to suspend Your registration and/or access to the Website and/or the Courses at any time without notice.
12.1. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of the Terms shall continue in full force and effect.
12.2. These Terms are not intended to, and do not, give any person who is not a party to them any right to enforce any of their provisions.
12.3. The benefits and obligations conferred by these Terms upon You are personal to You and shall not be assigned, delegated, transferred, sub-contracted or encumbered or otherwise made available or disposed of without the express prior written consent of MyPhy.
13.1. Notices to MyPhy should be sent to firstname.lastname@example.org or by post to the mentioned in Clause 1.
13.2. Notices to you may be sent to you either by e-mail. Notice will be deemed received twenty-four (24) hours after e-mail is sent.
14. LAW, DISPUTES AND JURISDICTION
These Terms (and all disputes, whether contractual or otherwise, arising out of or in connection with them) are governed by the laws of Switzerland and are subject to the exclusive jurisdiction of the Courts of Switzerland to which jurisdiction the parties hereby irrevocably submit.