JULIE BEGBIE ASSOCIATES/ HAPPY SIDE HUSTLE – TERMS OF BUSINESS

Happy Side Hustle and Side Hustle Success School are trading names of Julie Begbie Associates Ltd. This is a VAT-registered company in Scotland. VAT number 391224310. Company registration SC518154.

1. PARTIES

a. These Terms form part of the contract.

b.  The Definitions and Law section at the end of these terms. apply to this agreement.

c. Our contract is set out in these Terms of Business.

d. The contract starts when you purchase the Side Hustle Launch School, Side Hustle Success School, the HAPPY Method, the Inner Circle or any other Happy Side Hustle product or service and accept these Terms of Business. You can accept by checking the box that says I agree to the Terms of Business and Privacy Policy as you go through the online checkout. Once you check out, any postponement or cancellation will be subject to these Terms.

2. SERVICES

a. The scope and timetable for the Side Hustle Launch School, Side Hustle Success School, the HAPPY Method and the Inner Circle is set out at juliebegbie.com.

b. The Hive Lifer offer means that you pay a one-off lump sum and then retain access to the Happy Hustle Hive for as long as it exists in its current form. The materials shared in the Side Hustle Success School will be yours to download and keep forever.

c. The fee is set out on juliebegbie.com and at the checkout process

d. Where you have purchased Side Hustle Launch School, Side Hustle Success School, the HAPPY Method or the Inner Circle, a coach is there to help you do the work you need to achieve your goals.  If you do not do the work or show up for the Facebook Live sessions and group calls, you will make it more difficult for you to make the changes you want.

3. BASIS OF AGREEMENT

a. Cancellation rights: As a “consumer”, you may have statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, allowing you to cancel our agreement within 14 days of our making it. But please note that you will still have to pay for services performed and items downloaded in the cancellation period. Outside that period, the whole programme fees become payable.

b. Authority: We will not order any goods or services on your behalf unless it is authorised by you.

c. You acknowledge you are responsible for your own physical, mental, and emotional wellbeing and their decisions, choices, actions and results.

d. You acknowledge that Services do not involve the diagnosis or treatment of mental disorders, are not a substitute for appropriate therapeutic interventions, and it is your responsibility to seek appropriate advice by legal, medical or other qualified professionals, if needed.

e. The Coach(es) is Julie Begbie.

f. Insurance: we carry professional indemnity insurance.

4. TIMING AND STANDARD OF PROVISION OF SERVICES

a. We will use our reasonable endeavours to deliver Services according to the timetable for the programmes as described on juliebegbie.com. There are private Facebook groups attached to each membership. You will be entitled to be a member of the relevant Facebook group for each month as you pay the monthly fee. If your payment fails for any reason, we reserve the right to remove you from the Facebook group and the training portal.

b. If you have chosen to pay in monthly instalments for a fixed-fee product or service, you are liable to continue your monthly instalments until you have paid the full fee. Late payment will result in removal from the programme and you will be sent an invoice for the full outstanding balance.

c. You may not send a substitute to the HAPPY Method or Inner Circle Zoom calls or 1-1 sessions with Julie. If you simply do not show up, your payment will not be refunded.

d. Julie Begbie will normally be available for the time specified for the Facebook Live sessions and coaching calls.  She may not be able to accommodate staying later if you turn up late.

5. FEES, PAYMENTS AND EXPENSES

a. Fees are chargeable in accordance with the programmes and membership as set out on happysidehustle.com. Where applicable VAT will be charged at the appropriate rate.

b. The fee for Side Hustle Launch School, Side Hustle Success School, the HAPPY Method and the Inner Circle is due upon joining.

c. The fee for a Power Session is due upon booking.

d. Fees should be paid in pounds sterling.

e. We reserve the right to charge interest on overdue amounts at the rate of 2.22% per month (equivalent to unauthorised overdraft rate from the bank). Your subsequent payments will be applied to interest and finance charges first, and then applied to fees/costs outstanding.

6. OWNERSHIP OF WORK/COPYRIGHT ASSIGNMENT

a. Rights in all Materials produced by us are and shall remain our absolute property.  You may use Materials only for your private use to support the learning from your sessions.   You will not disclose or use the Materials without our permission for any other purpose.

b. We will use Materials that we have the rights to use. This may include third party material.  You must ensure that our Rights and those of our third party suppliers are respected.

c. You may only photograph, record or video sessions if recording is agreed, the content delivered by us that is captured by you may only be used by you and may not be disclosed or shown to any other person.

7. POLICIES AND PROCEDURES

a. Resolving problems:  If there is anything about the Side Hustle Launch School, Side Hustle Success School, the HAPPY Method or the Inner Circle that is not going as you want, or if you have any query or complaint, speak to us straight away.

b. Group working: When you are participating in group working you must abide by the group rules and treat everything in the group as confidential information.   You must treat your fellow group members with respect and give them the space to express themselves without worrying that you will judge them or prevent them from speaking.

8. INFORMATION

a. Your information and our confidentiality:  We will only use or disclose Confidential Information that you share with us, so we can perform the Programme or Membership Service, or where we need to disclose it for legal, insurance or our supervisory body’s purposes.  We may keep some Confidential Information to keep a record of what we did for you.

b. Documents and information:  Where appropriate, we will need to agree with you a safe and secure system of you sending us your confidential documents and information (and us returning them to you). We are not liable for data that is not securely transmitted to us.

9. DATA PROTECTION AND GDPR

a. We will process your own Personal Data in line with our Data Privacy Policy. A link to our Data Privacy Policy can be found at happysidehustle.co.uk.

10. RESTRICTION AND LIMITATION

a. Force majeure:  We will not be liable for failure to provide Services where it is not reasonably practicable to do so due to circumstances beyond our control.   This will include where Julie Begbie is taken ill or has a family crisis in her immediate family.  This will also include when the British Foreign Office advises nationals not to travel where the session is due to take place. We will do our best to suggest alternative arrangements, offer a suitably qualified substitute, or find alternative dates.

b. Limitation of liability:  We have quoted you a fee based on these Terms and the level of insurance cover we carry.

c. There shall be no personal liability of any of our principals, directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of Services or relating to the supply of products or Services.

d. We shall have no liability for any indirect or consequential losses or expenses suffered by you, however caused, including but not limited to loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.

e. Our aggregate financial liability to you shall in no circumstances exceed the fees paid for the Services which gives rise to such liability.

f. Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us or others where liability cannot legally be excluded or restricted.

11. TERMINATION

a. Termination of a Booking shall not affect rights and obligations already accrued prior to termination, and shall not undermine the continued enforceability of the confidentiality and intellectual property obligations set out in these Terms.

12. DEFINITIONS AND LAW

a. In these Terms, the following words or phrases have the meaning set out in this clause.

“Clause”     a numbered clause of this Agreement.

“Coach”     the individual delivering the Happy Side Hustle Mastermind.

 “Confidential Information”  all information:

– that we discover because of or through our connection with you; and

– which is about or relating to you or your business (including financial information, products, services, service levels, customer satisfaction, proposed services and products, pricing, and margins) or your people (including your directors or partners, investors, staff, suppliers, customers, clients, prospects and contractors).

However, “Confidential Information” does not include information that is openly published by you, or information that is publicly available without breach of our confidentiality obligation.

“including” the word “including” shall not imply any limitation on the generality of the concept or thing of which examples are being given.

“Materials” means written, audio and visual materials used or produced in the course of or to support delivery of Services, including handouts, videos, questionnaires, games, case studies, explanatory material, notes, calculations, specifications, reports, designs, drawings, flow charts, plans, trainer notes, reference material, prototypes.

“Participant”       means any individual invited to attend or attending a session comprised in Services, one of our programmes or given access to Materials, including your employees or other contractors.

“Personal Data” information about identifiable living individuals.

“Rights”     includes:

– intellectual property rights including (but not limited to) copyrights, patents, registered designs, design rights, trademarks, service marks, and

– the right to apply for or register any such protection, and

– all rights relating to trade secrets and other unpublished information.

“Services” the work to be supplied or the outcomes to be achieved by us, as set out in a Booking.

“3rd Party Data” Personal Data about an individual other than you.

“Team Member” any individual about whom information is shared with us as part of researching, organising, or delivering Services.

 “You”        refers to the person, firm or organisation for whom Services will be performed by us.

“We” and “us”    refers to the person, firm or organisation agreeing to provide Services.

b. No waiver: If we or you delay or fail to enforce these Terms on any occasion, that will not affect or limit our or your ability to enforce that term on any other occasion or at any time.

c. Severability: If any provision of these Terms is unenforceable, words shall be struck out to the minimum extent necessary to make the provision enforceable and this shall not affect the enforceability of the other provisions of our contract.

d. Law and jurisdiction: All our contracts are governed by Scottish law and subject to the exclusive jurisdiction of the Scottish courts.

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