Subscription Terms and Conditions for subscribers to The Overwhelm to Ease Membership
1.1 These are the terms and conditions on which Heidi Marke agrees to provide you with online access to the membership product(s) and/or any print versions of product(s) to which you have subscribed. By subscribing to and accessing the materials on the Heidi Marke website, you agree to these terms and conditions. For the purposes of this document, a subscription includes a purchase by you of a membership to The Overwhelm to Ease Membership or a singular purchase of a ‘course’, ‘coaching/mentoring session’ or other digital product through the Heidi Markewebsite. If you do not agree with these terms and conditions you should not subscribe to The Overwhelm to Ease Membership.
1.2 References in these terms and conditions to "The Overwhelm to Ease Membership" (or "we", "us" or "our") are to Heidi Marke ( at Copse View, Holloway, East Knoyle, Wiltshire SP3 6AF). If you need to contact us, please email [email protected]
- Your Subscription
2.1 Contract with Heidi Marke. By submitting your payment and other subscription details you are making an offer to Heidi Marke to buy a membership to the site. Your offer will be accepted by us and a contract formed only when we have verified your payment details at which point we will confirm your subscription (by sending you a confirmation email or letter to the postal address you have given us) and provide you with access to (and if applicable, deliver to you)Heidi Marke products and services. The contract is a monthly rolling subscription with a 30 day notice period to cancel. If we are unable to accept your order, we will inform you of this and will not charge you for the subscription.
2.2 Payment details. You must provide us with complete and accurate payment information and details including your geographical location. By doing this, you are representing to us that: you are entitled to purchase the subscription; and that we may use such payment information and details in order to pay for the subscription (and for us to process such payment) throughout the period of your subscription. You repeat this representation to us when, during the period of your subscription, you need to update your payment details where, for example, your card or other payment method expires or when you change your geographical location. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you). If at any time we do not receive payment or your payment authorisation subsequently expires or is cancelled, we may immediately cancel your access to The Overwhelm to Ease Membership website in accordance with section 2.7B below.
2.3 Price. The price you pay for your subscription (and the currency in which you pay) will be stated on the relevant web page of the Website from which you began the subscription ordering process. Such price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your subscription, including in relation to any currency conversion required. Subject to these terms and conditions, in return for us making your Overwhelm to Ease Membership live and the trainings made available to you, you agree to make the payments notified to you at the time of your purchase.
2.4 Incorrectly stated prices. While we try to ensure that all prices we display and quote are correct and accurate, errors may occur and, if they do, we will notify you of the mistake. If we incorrectly state a price, we are not obliged to provide you with a subscription at that price. If we do notify you of such a mistake, even after having accepted your offer to buy the subscription at the incorrect price, you may either pay the correct price or you can cancel the subscription (see section 2.7A below) in which case we will then refund any money you have paid us that relates to the unexpired portion of your subscription. If you do neither of these things then we shall be entitled to cancel or suspend your subscription.
2.5 VAT. Unless otherwise indicated, the prices we state for our subscriptions are exclusive of VAT which, if applicable, must be paid in addition.
2.6 Renewals. Your subscription will automatically renew at the end of each month, unless you have cancelled with notice provided to us in writing. If you do not renew each month the subscription will expire and if you were to re-join at another time would be at the price given online at the time you re-join.
2.7A Cancellation: by you.
All memberships are an online only subscription, by placing your order, you are requesting and agreeing that we may start your subscription, and provide you with access to the Overwhelm to Ease Membership website and online trainings as soon as possible following our acceptance of your order. Please note that you have 14 days after the day we email you to confirm we accept your order to change your mind and cancel your subscription, provided that you have not accessed the TLC website during that 14 day period. If you do access the Overwhelm to Ease Membership website within the 14-day period, you acknowledge that you are not entitled to a refund if you then change your mind and cancel your subscription.
Ending your subscription early because of something we have done or are going to do: If you are ending your subscription for one of the following reasons, the Agreement will end immediately and we will refund you in full for any part of your subscription that has not been provided. The reasons are: (a) we have told you about an upcoming significant change to your subscription or these terms and conditions to which you do not agree (see section 3.3); (b) we have told you about an error in the price or description of the subscription you have ordered and you do not wish to proceed; (c) there is a risk that supply of the subscription may be significantly delayed because of events outside our control; or (d) we have suspended the supply of the products for technical or other reasons, or we notify you that we are going to suspend them for such reasons, in each case for a period of more than 30 days.
You can cancel your subscription by contacting us at [email protected] stating that you wish to cancel your subscription and including in your email and your name.
2.7B Cancellation: by Heidi Marke. Heidi Marke reserves the right to cancel your subscription if you do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
Separately, we may cancel your subscription by giving you at least 30 days’ notice in writing where we cease to provide (or to be able to provide) The Overwhelm to Ease Membership trainings and materials to which you have subscribed (including where we have insufficient trainings available; where we cease publishing or no longer own The Overwhelm to Ease Membership or have the right to make them available), or in the unlikely event that we cease to provide our membership subscription services. If we cancel for any of these reasons then we will refund you any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
2.7C Suspension: by Heidi Marke. If you do not pay for the membership to Heidi Marke when you are required to and you still do not make payment to us within 7 days of us reminding you that payment is due, we may suspend your membership subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending access to The Overwhelm to Ease Membership for this reason.
We may also suspend the supply of products to you: (a) to deal with technical problems or make technical changes; (b) to update The Overwhelm to Ease Membership to reflect changes in relevant laws and regulatory requirements; or (c) to make changes to The Overwhelm to Ease Membership as notified by us to you. We will contact you in advance to tell you we will be suspending supply of The Overwhelm to Ease Membership, unless the problem is urgent. If we have to suspend the supply of The Overwhelm to Ease Membership for longer than 30 days we will either adjust the price so that you do not pay for your membership subscription during the period when provision of The Overwhelm to Ease Membership is suspended or we will extend the period of your subscription to cover the period when the provision of The Overwhelm to Ease Membership was suspended (at no additional cost).
2.8 Your membership subscription is personal. Your subscription is personal to you and you may not share with, give, licence or transfer to, any other person any of your rights or entitlements under this Agreement (including to access and/or use The Overwhelm to Ease Membership under your user account using your password and/or user email address). You agree to take responsibility for all access to and use of all Overwhelm to Ease Membership materials and trainings that occurs under your user account and to prevent unauthorised use of it. Without further obligation to you, we may cancel or suspend your access to The Overwhelm to Ease Membership if you share your user account details. If you believe that your user account is being used by anyone else, you should inform us immediately via [email protected] We reserve the right at any time to verify and/or validate that you are a personal subscriber to our products and that you are accessing and using The Overwhelm to Ease Membership for your own personal use.
- Your use of The Overwhelm to Ease Membership Materials & Trainings
3.1 Heidi Marke hereby grants you a non-exclusive, non-transferable right to access and use The Overwhelm to Ease Membership for your own personal and commercial purposes (for the business you have on the membership) during the period of your subscription. You shall not: a) create derivative works of TheOverwhelm to Ease Membership trainings and materials (including any translation); b) remove, obscure, or change: an author’s name or affiliation; Heidi Marke’s or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification; c) systematically download or print any part of The Overwhelm to Ease Membership materials and training after subscription ends; d) knowingly permit any third party to access or use The Overwhelm to Ease Membership trainings and/or materials; e) include, mount or distribute any of The Overwhelm to Ease Membership materials or trainings in other works
3.2 We may make changes to The Overwhelm to Ease Membership trainings and materials, and to the way these are made available to you to reflect changes in the law and regulatory requirements, to implement minor adjustments or improvements. These changes will not affect your use of the Heidi Marke’s materials and trainings.
If we need to make more significant changes to the Heidi Marke’s trainings and materials, and/or these terms and conditions other than those set out above (for example, because we have decided to make changes to format and/or ‘look and feel’ and/or the functionality and type of our delivery platforms) we will notify you. If you do not agree to the changes we are proposing, you may then contact us to cancel your subscription.
3.3 You agree to comply with our Website terms and conditions (as may be updated by us from time to time) which apply in addition to and form part of this Agreement. The Disclaimers set out in the Website terms and conditions apply to the Overwhelm to Ease Membership’s trainings and materials and general membership and you agree that your access to and use of TLC’s trainings and materials (or any of them) will be in accordance with, and subject to, the Website terms and conditions.
Please read the Website terms and conditions before placing your order for a subscription because they do and will continue to form part of the Agreement.
3.4 While Heidi Marke will (i) use reasonable skill and care in developing theThe Overwhelm to Ease Membership membership and associated materials and in providing you with access to Heidi Marke trainings and materials as part of your membership subscription and (ii) use reasonable efforts to remedy any faults or errors of which we become aware, Heidi Marke trainings and materials are provided and made available to you via your membership subscription on an "as is" or "as available" basis. We make no promises in respect of the quality, completeness or accuracy of the information published. Unless we expressly state otherwise, all Heidi Marke materials and trainings are provided as a resource for your general information and use and are not (nor are they intended) to address your or any particular requirements.
3.5 Heidi Marke relies on authors, contractors and third party data providers to confirm the accuracy of information and advertisements contained in the Overwhelm to Ease Membership trainings and materials and therefore Heidi Marke cannot and does not warrant the accuracy of the Overwhelm to Ease Membership materials and trainings (or any part of them). Readers should be aware that professionals in the field may have different opinions. You should use your personal judgement about what to incorporate into your daily life.
3.6 All Overwhelm to Ease Membership trainings and materials belong to Heidi Marke who owns all intellectual property rights (including copyright) in The Overwhelm to Ease Membership. No intellectual property rights in any The Overwhelm to Ease Membership content, training or materials are transferred to you.
3.7 On cancellation or expiry of your membership subscription, your access to The Overwhelm to Ease Membership (and the right to receive print copies, if applicable) shall cease save that you shall continue to be entitled to perpetual access to The Overwhelm to Ease Membership as provided under section 3.2 above.
3.8 If Heidi Marke terminates or cancels your subscription for breach of this Agreement by you as provided under section 2.8B above, all rights to accessThe Overwhelm to Ease Membership materials, trainings and content including the perpetual access granted under section 3.2 (and the right to receive print copies, if applicable) shall cease.
- Our liability to you
Please read this section carefully - it makes clear to what extent, if any, Heidi Marke accepts responsibility (liability) to you for your use of The Overwhelm to Ease Membership materials.
4.1 Heidi Marke accepts no responsibility if you incur any loss or damage as a result of using Overwhelm to Ease Membership or Heidi Marke trainings or materials outside the scope of these terms and conditions. Nor does Heidi Marke accept any responsibility in respect of any third party products or services referred to or linked to in any Overwhelm to Ease Membership or Heidi Marke trainings, materials or content.
4.2 Heidi Marke will be responsible only for loss or damage that is reasonably foreseeable as a result of its breach of these terms and conditions or otherwise as a result of a breach of a legal duty of care owed to you, and Heidi Marke's total financial liability to you is limited to 115% of the price you have paid for your subscription.
4.3 Heidi Marke is not responsible for, and is not liable to you if you suffer or incur, any loss as a result of matters beyond its reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat. If, due to an event beyond our reasonable control, we are unable to provide access to The Overwhelm to Ease Membership for a consecutive period of more than 28 days, you may cancel your membership subscription and we will refund any amounts that you have paid us in advance that relate to any remaining period of your membership subscription.
4.4 Heidi Marke's liability will not be limited or excluded in the case of death or personal injury directly caused by Heidi Marke's negligence; nor is Heidi Marke’s liability otherwise excluded or limited for loss or damage that cannot as a matter of law be excluded or limited.
5.1 Transferring Heidi Marke’s rights and obligations. Heidi Marke may transfer its rights and obligations under this Agreement to another organisation upon notice to you.
5.2 Severability. Each of the provisions set out in this Agreement operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary).
5.3 No waiver. If either party fails to exercise any right or remedy under this Agreement then such failure does not amount to a waiver of that right or remedy.
5.4 Entire Agreement. This Agreement constitutes the complete agreement between you and Heidi Marke relating to your use of The Overwhelm to Ease Membership and Heidi Marke trainings, materials or content.
5.5 Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If you are not happy with how we have handled a complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Procedure.
5.6 Law & Jurisdiction. This Agreement will be subject to English law and both you and Heidi Marke agree that the courts of England will have non- exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with this Agreement.
5.7 Questions & complaints. If you have any questions about your subscription, please contact us on +44 (0) 7922 810021 or email to [email protected] If you wish to make a complaint, please email in the first instance. We will aim to respond within 48 hours of receiving your email.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgement or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of England, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: September 16th, 2020