Terms of service
Terms and Conditions for The Mindset For Success Academy
Important Notice: Please read and understand these terms and conditions carefully before engaging with the services or products provided by The Mindset For Success Academy . By accessing and using our offerings, you agree to be bound by these terms and conditions. They outline the rights, obligations, and responsibilities of both parties, as well as important disclaimers and limitations. Understanding these terms is crucial to ensure a transparent and mutually beneficial relationship between you and The Mindset For Success Academy . If you have any questions or concerns, please seek legal advice or contact our customer support for clarification. Your continued use of our services signifies your acceptance of these terms and conditions.
- Introduction
We want to emphasise the utmost importance of reading and thoroughly understanding the terms and conditions that govern your interaction with The Mindset For Success Academy ("the Company"). These terms and conditions outline the rights, obligations, and responsibilities of both parties - you as the user and The Mindset For Success Academy as the provider of services, products, courses, mentoring, or events.
By accessing and utilising any of the aforementioned offerings provided by The Mindset For Success Academy , you are acknowledging and agreeing to be bound by these terms and conditions. It is crucial that you carefully read and comprehend the entirety of this document before proceeding.
Clear Understanding and Informed Consent
1.1 At The Mindset For Success Academy , we believe in promoting transparency, trust, and a mutually beneficial relationship with our valued users. We have designed these terms and conditions to protect both parties' interests and ensure a fair and balanced engagement. Therefore, we kindly request your undivided attention to fully comprehend the scope and implications of these terms.
Protection of Your Rights
1.2 By familiarising yourself with our terms and conditions, you can gain a clear understanding of the rights you hold as a user of The Mindset For Success Academy services and products. These terms will provide insights into the usage limitations, intellectual property rights, and confidentiality obligations that govern your interaction with our offerings. Understanding your rights empowers you to make informed decisions and protect your interests throughout your engagement with The Mindset For Success Academy .
Obligations and Responsibilities
1.3 Equally important, these terms and conditions outline the obligations and responsibilities you are expected to uphold as a user of our services and products. By reading and understanding these provisions, you will be equipped with the knowledge necessary to comply with any applicable guidelines, confidentiality requirements, or usage restrictions. We firmly believe that being aware of your responsibilities fosters a harmonious and productive relationship between you and The Mindset For Success Academy .
Awareness of Disclaimers and Limitations
1.4 Our terms and conditions contain disclaimers and limitations that are vital for you to comprehend. They outline the extent of liability, the disclaimer of warranties, and the acknowledgement that results achieved by individuals may vary based on their unique circumstances and efforts. Understanding these disclaimers and limitations enables you to make well-informed decisions and manage your expectations regarding the services and products offered by The Mindset For Success Academy .
Exercising Your Choice
1.5 We want to emphasise that your engagement with The Mindset For Success Academy services and products is entirely voluntary. However, by choosing to proceed and utilise our offerings, you are implicitly agreeing to abide by these terms and conditions. Should you not agree with any part of this document, we kindly ask that you refrain from engaging with our services or products.
Seeking Legal Advice
1.6 We understand that legal terminology can be complex and overwhelming at times. Therefore, if you encounter any uncertainties or require further clarification, we strongly encourage you to seek independent legal advice. Your legal counsel will be able to provide guidance specific to your circumstances and ensure that you have a comprehensive understanding of these terms and conditions.
Continuous Agreement
1.7 It is important to note that these terms and conditions are subject to occasional updates or modifications. We reserve the right to revise this document as we deem necessary to maintain the integrity of our services and products. Therefore, we recommend that you periodically review these terms and conditions to stay informed about any changes that may affect your engagement with The Mindset For Success Academy .
Conclusion
1.8 Reading and understanding these terms and conditions is a critical step towards establishing a transparent, trustworthy, and mutually beneficial relationship between you and The Mindset For Success Academy . Your acknowledgment and acceptance of these provisions signify your commitment to adhering to the guidelines and obligations outlined within this document. Should you have any questions or concerns, our customer support team is readily available to assist you.
2. Services and Products
At The Mindset For Success Academy , we are dedicated to providing a diverse range of services and products designed to support your personal and entrepreneurial growth. We offer an array of offerings, including one-to-one and group mentoring sessions, online training courses, training products, and engaging in-person events. It is important to understand the nature and purpose of these offerings to maximise the value they can bring to your personal and professional development.
Educational and Informational Focus
2.2 Our services and products are primarily intended for educational and informational purposes. We strive to empower you with knowledge, insights, and practical skills that can contribute to your personal growth, entrepreneurial endeavours, and overall success. Through our mentoring sessions, training courses, and products, we aim to equip you with the tools and strategies necessary to enhance your mindset, build resilience, and overcome challenges on your path to success.
Investment Opportunities
2.3 In addition to our educational offerings, The Mindset For Success Academy may also provide investment opportunities, such as investments in businesses or real estate. These opportunities are distinct from our educational services and are subject to separate terms and conditions. We want to highlight that participation in any investment opportunity is solely at your own risk.
Understanding Risk and Responsibility
2.4 When considering investment opportunities, it is essential to recognise and evaluate the associated risks. Investing in businesses or real estate inherently carries potential financial risks, and outcomes can vary significantly. While we may provide information, insights, or recommendations regarding investment opportunities, it is crucial to conduct thorough due diligence and seek professional advice before making any investment decisions.
Separate Terms and Conditions
2.5 It is important to note that investment opportunities are subject to specific terms and conditions that may differ from the general terms and conditions governing our other services and products. These separate terms and conditions, provided alongside each investment opportunity, outline the specific rights, obligations, and risks associated with that particular investment. Therefore, it is vital to carefully review and understand the terms and conditions pertaining to any investment opportunity before proceeding.
Independent Decision-Making
2.6 We emphasise that the decision to participate in any investment opportunity rests solely with you as an individual. The Mindset For Success Academy does not guarantee or warrant the success or profitability of any investment. It is essential to assess your own risk tolerance, financial situation, and consult with appropriate professionals, such as financial advisors or legal experts, to make informed investment decisions that align with your goals and circumstances.
Holistic Approach to Growth
2.7 The Mindset For Success Academy recognises the importance of a holistic approach to personal and entrepreneurial development. While our educational services provide valuable insights and strategies, we encourage you to consider the comprehensive range of services and products we offer. By integrating our mentoring sessions, training courses, and products into your personal growth journey, you can cultivate a well-rounded mindset and skillset that empowers you to thrive in various aspects of life.
Continuous Learning and Evolution
2.8 We are committed to continuously improving our services and products to ensure they remain relevant, impactful, and aligned with your evolving needs. As such, we may introduce new offerings, modify existing ones, or update our terms and conditions to reflect these changes. It is your responsibility to stay updated with any modifications by periodically reviewing the terms and conditions. We value your feedback and encourage you to share your suggestions and ideas to enhance your experience with The Mindset For Success Academy .
By engaging with our services, products, courses, mentoring, or events, you acknowledge and accept the importance of reading and understanding the terms and conditions that govern your interaction with The Mindset For Success Academy . These terms and conditions, combined with your active participation and dedication to personal growth, will enable you to extract the maximum value from our offerings and embark on a transformative journey toward success.
3. Disclaimer of Liability
At The Mindset For Success Academy , we want to ensure that you have a comprehensive understanding of our disclaimer of liability. This section highlights important points regarding the limitations of our responsibility and the voluntary nature of your participation in our programs. Please take the time to read and comprehend these terms as they are crucial for your engagement with our services, programs, and mentoring.
Non-Professional Advice
3.1 The Company recognises the value of sharing guidance based on personal experiences. However, it is important to note that the advice provided by our mentors should not be considered as professional advice or a substitute for professional services. While our mentors strive to offer valuable insights and support, their guidance is based on their personal experiences and perspectives. We strongly advise seeking professional advice from qualified experts in specific areas, such as legal, financial, or other relevant domains, to address your unique circumstances and needs.
Individual Results and Effort
3.2 We believe in the potential for personal growth and success, but it is crucial to understand that individual results may vary. Testimonials, success stories, or examples shared by others are not typical outcomes and should not be considered a guarantee of your own success. The results achieved by individuals are influenced by various factors, including their unique circumstances, abilities, and efforts. While we provide support and guidance, your commitment, dedication, and proactive engagement play a significant role in achieving desired outcomes.
Accuracy and Reliability of Information
3.3 The Company strives to provide accurate, up-to-date, and reliable information, products, and services. However, we cannot guarantee the accuracy, completeness, or reliability of the information, products, services, or related graphics contained in our website, emails, social media, or any other communication channels. We urge you to exercise caution and conduct independent research or consult with professionals when evaluating the information provided. Your use of our services and reliance on the information is at your own risk.
Voluntary Participation and Personal Responsibility
3.4 Participation in The Mindset For Success Academy Mentoring program and engagement with our services is voluntary and at your own risk. We do not make any guarantees or warranties about the specific results or outcomes you may achieve through our mentoring program. By choosing to participate, you acknowledge and agree to take full responsibility for your own actions, decisions, and outcomes. It is essential to understand that personal growth and success require personal effort, dedication, and the integration of learned principles into your own life and circumstances.
Not a Substitute for Professional Advice
3.5 Any advice, guidance, or recommendations provided by the Company are based on our experience and expertise in the relevant areas. However, it is important to note that our advice, guidance, or recommendations should not replace or substitute for professional advice from qualified experts. We do not assume any legal responsibility for any consequences resulting from the use or misuse of the information provided. We encourage you to consult with professionals when dealing with legal, financial, or other matters that require specialised expertise.
Termination of Mentoring and Non-Legally Binding Relationship
3.6 The Company reserves the right to refuse mentoring or terminate mentoring at any time and for any reason without refund. It is important to understand that the mentoring relationship is not a legally binding agreement and can be terminated by either party. While we strive to provide a supportive and enriching experience, circumstances may arise that necessitate the termination of the mentoring relationship. In such cases, neither party is entitled to compensation or refund, and no legal obligations are incurred.
Dramatisation and Exaggeration of Lifestyle Portrayals
3.7 By agreeing to mentoring, you acknowledge that Tristan Carter and any other mentors affiliated with The Mindset For Success Academy brand may portray their own lifestyles, achievements, and experiences in a dramatised or exaggerated manner to strengthen the brand. The intention behind these portrayals is to inspire and motivate, showcasing what can be achieved through dedication, effort, and the application of mindset principles. However, it is crucial to recognise that these portrayals are subjective and may not accurately represent the mentors' current circumstances or the typical outcomes of our programs. We encourage you to approach these portrayals with a discerning mindset, understanding that individual experiences may vary.
Subjective Definitions of Success
3.8 By participating in our mentoring services, you acknowledge that the mentors, including Tristan Carter, have their own personal definitions and measures of success. These definitions may differ from conventional or widely accepted standards. While our mentors share their perspectives and insights, it is important to recognise that success is subjective and can be defined differently for each individual. We encourage you to determine your own definition of success based on your values, aspirations, and unique circumstances.
No Guarantee of Specific Results
3.9 We want to emphasise that the mentoring programs offered by The Mindset For Success Academy do not guarantee specific results or outcomes. While we strive to provide valuable guidance, support, and resources, individual results may vary based on personal circumstances, abilities, and efforts. The success stories and testimonials shared by our mentors and clients are provided for illustrative purposes only and should not be interpreted as a guarantee or assurance of the same outcomes for all participants. It is important to approach our programs with realistic expectations and a commitment to personal growth and development.
Non-Professional Advice
3.10 The guidance and insights provided by our mentors, including Tristan Carter, are based on their personal experiences, expertise, and perspectives. However, it is important to note that their advice should not be considered as professional advice or a substitute for seeking advice from qualified professionals in specific domains, such as legal, financial, or other relevant areas. We strongly recommend consulting with professionals when making important decisions or seeking specialised guidance tailored to your unique circumstances.
Assumption of Personal Responsibility
3.11 By engaging in our mentoring programs, you assume full responsibility for your own actions, decisions, and outcomes. While we strive to provide valuable support and guidance, it is ultimately up to you to apply the principles, strategies, and techniques shared during the mentoring process. Success and personal growth require personal effort, commitment, and the integration of learned principles into your own life and circumstances. We cannot accept liability for any consequences, damages, or losses resulting from the use or misuse of the information, strategies, or techniques shared during the mentoring relationship.
By agreeing to these terms and conditions, you acknowledge and accept the disclaimer of liability outlined above. You understand that lifestyle portrayals may be dramatised or exaggerated, success is subjective and personal, specific results are not guaranteed, the mentors' advice is non-professional in nature, and you assume personal responsibility for your own actions and outcomes.
4. Intellectual Property Rights
The Mindset For Success Academy ("the Company") places significant importance on protecting its intellectual property rights and the content associated with The Mindset For Success Academy brand. By accessing and using our services, you agree to adhere to the following terms regarding intellectual property rights. Please read this section carefully before proceeding.
Ownership of Intellectual Property
4.1 The intellectual property rights for The Mindset For Success Academy brand, including all courses, training materials, resources, and other content, belong to Tristan Carter and the Company. These intellectual property rights are protected by copyright laws, trademarks, and other applicable intellectual property regulations. Unauthorised use, reproduction, or distribution of our intellectual property is strictly prohibited and may result in legal action.
4.2 All materials provided by the Company, including courses, training materials, resources, and any other content, are intended for personal use only. You are granted a limited, non-exclusive, and non-transferable license to access and use these materials solely for your personal educational and informational purposes. This license does not grant you the right to make copies, reproduce, modify, distribute, or publicly display any of the Company's intellectual property without express written permission.
Permission to Use Intellectual Property
4.3 If you wish to use or reproduce any of the Company's intellectual property, including content, courses, or training materials, you must obtain written permission from Tristan Carter or an authorised representative of the Company. Requests for permission should be made in writing and include details regarding the specific content or materials you intend to use, the purpose of use, and the intended audience or recipients.
4.4 The Company reserves the right to grant or deny permission to use its intellectual property at its sole discretion. Any unauthorised use, reproduction, or distribution of our intellectual property constitutes a violation of our rights and may result in legal consequences.
Protection of Intellectual Property
4.5 The Mindset For Success Academy takes the protection of its intellectual property seriously and will enforce its rights to the fullest extent of the law. We actively monitor for unauthorised use or infringement of our intellectual property and will take appropriate legal action against those who violate our rights.
4.6 If you become aware of any unauthorised use, reproduction, or distribution of the Company's intellectual property, we kindly request that you notify us immediately. Your cooperation in helping us protect our intellectual property is greatly appreciated.
By agreeing to these terms and conditions, you acknowledge and accept the importance of respecting the Company's intellectual property rights. You understand that The Mindset For Success Academy brand, it's courses, training materials, and content are protected by intellectual property laws, and unauthorised use, reproduction, or distribution is strictly prohibited. You also acknowledge that you must obtain written permission from Tristan Carter or an authorised representative of the Company to use or reproduce any of the Company's intellectual property.
5. Confidentiality
The Mindset For Success Academy ("the Company") values the trust placed in our mentoring services and is committed to maintaining the confidentiality of the information shared during the mentoring relationship. By engaging in our mentoring services, you agree to adhere to the following terms regarding confidentiality. Please carefully read this section before proceeding.
Confidentiality Obligations
5.1 Both mentors and mentees acknowledge and agree that everything discussed during the mentoring relationship is strictly confidential. This includes any information, ideas, strategies, personal experiences, challenges, or goals shared by either party. The parties involved in the mentoring relationship shall exercise utmost care and discretion in handling and safeguarding this confidential information.
5.2 The mentors are committed to maintaining the confidentiality of all information shared by the mentees. Likewise, the mentees understand and agree to keep all information shared by the mentors confidential. This obligation extends beyond the duration of the mentoring relationship and applies indefinitely.
5.3 The mentors and mentees shall not disclose, directly or indirectly, any confidential information shared during the mentoring relationship to any third party without prior written consent from the other party.
Exceptions to Confidentiality
5.4 It is important to note that confidentiality may be limited or exempted under certain circumstances, including but not limited to:
a) Legal Requirement: If a court of law, regulatory authority, or applicable law requires the disclosure of confidential information, the mentors or mentees may be compelled to provide such information as mandated by law.
b) Consent: If both parties agree in writing to disclose specific confidential information to a designated third party, the mentors or mentees may do so in accordance with the agreed-upon terms.
c) Professional Consultation: The mentors may seek professional advice or consultation from other trusted mentors or industry experts regarding the mentoring relationship, provided that the information shared remains confidential and is disclosed only to the extent necessary for obtaining professional guidance.
d) Protection of Rights: In the event of suspected or potential harm to the mentors, mentees, or the Company's interests, the mentors may disclose confidential information to the appropriate authorities or legal counsel to protect their rights and interests.
5.5 The exceptions to confidentiality outlined above are meant to ensure compliance with legal obligations, protect the safety and well-being of the parties involved, and safeguard the Company's legitimate interests.
Enforcement of Confidentiality
5.6 Violation of confidentiality is a serious breach of trust and may result in legal consequences. In the event of a breach of confidentiality by either the mentors or mentees, the affected party may seek legal remedies to enforce the obligations of confidentiality and seek appropriate compensation for any damages incurred.
5.7 The mentors and mentees acknowledge that the obligation of confidentiality survives the termination of the mentoring relationship, and they shall continue to honour this obligation even after the conclusion of their formal mentoring engagement.
By agreeing to these terms and conditions, you acknowledge and accept the importance of maintaining confidentiality in the mentoring relationship. You understand that all information shared between mentors and mentees is strictly confidential, and you agree to uphold the obligation of confidentiality. You also recognise the limited exceptions to confidentiality outlined above and the potential legal consequences of breaching the confidentiality obligations.
6. Personal Data and GDPR
The Mindset For Success Academy ("the Company") understands the importance of protecting your personal data and is committed to ensuring compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). By engaging with our services and providing your personal information, you consent to the collection, use, storage, and processing of your personal data as described in this section. We urge you to carefully read and understand the following terms before proceeding.
Collection and Use of Personal Information
6.1 The Company may collect personal information from users or customers for the purpose of providing its services effectively. The types of personal data collected may include, but are not limited to, your name, contact details, payment information, and any other information necessary to fulfil the requested services.
6.2 The Company will only collect personal information that is necessary and relevant for the provision of its services. By providing your personal information, you acknowledge that it is accurate, up-to-date, and complete. Any changes or updates to your personal data should be promptly communicated to the Company to ensure the accuracy of the information.
6.3 The personal data collected by the Company will be used solely for the purposes outlined in the Company's Privacy Policy. These purposes may include, but are not limited to:
a) Providing the requested services, including mentoring, training courses, and events.
b) Communicating with you regarding the services, updates, or changes related to the Company's offerings.
c) Processing payments and facilitating transactions.
d) Personalising your experience and improving the quality of our services.
e) Complying with legal obligations and regulatory requirements.
6.4 The Company will not use your personal information for any purposes unrelated to the provision of its services without obtaining your explicit consent.
Confidentiality and Security of Personal Data
6.5 The Company is committed to treating your personal data with the utmost confidentiality and security. We have implemented appropriate technical and organisational measures to protect your personal information from unauthorised access, loss, misuse, or alteration.
6.6 While the Company takes reasonable steps to safeguard your personal data, please be aware that no data transmission over the internet or storage system can be guaranteed as 100% secure. The Company cannot ensure or warrant the security of any information you transmit to the Company or store on its systems. Therefore, you acknowledge and accept that any transmission of personal data is at your own risk.
Sharing of Personal Data
6.7 The Company will not disclose or share your personal data with third parties without your explicit consent, except in the following circumstances:
a) To trusted third-party service providers who assist us in delivering our services, subject to their compliance with data protection regulations and agreements ensuring the security and confidentiality of your personal data.
b) To comply with applicable laws, regulations, legal processes, or enforceable governmental requests.
c) To protect the rights, property, or safety of the Company, it's users, or the public.
6.8 The Company will take all reasonable measures to ensure that any third parties with whom personal data is shared have implemented appropriate security measures to protect your information.
Retention of Personal Data
6.9 The Company will retain your personal data only for as long as necessary to fulfill the purposes outlined in the Privacy Policy or as required by law. Once the retention period expires, the Company will securely delete or anonymise your personal data.
Your Rights and Control Over Personal Data
6.10 As a data subject, you have certain rights regarding the personal data collected and processed by the Company. These rights may include:
a) The right to access and obtain a copy of your personal data held by the Company.
b) The right to rectify or update any inaccuracies in your personal data.
c) The right to request the erasure of your personal data in certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected or processed.
d) The right to restrict or object to the processing of your personal data under certain conditions.
e) The right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.
f) The right to lodge a complaint with a supervisory authority if you believe that the Company has violated applicable data protection laws.
6.11 To exercise your rights or for any inquiries or concerns regarding the processing of your personal data, please contact the Company's designated Data Protection Officer at [email address]. The Company will make reasonable efforts to respond to your requests in a timely manner and in accordance with applicable data protection laws.
Changes to the Privacy Policy
6.12 The Company reserves the right to update or modify this Privacy Policy from time to time. Any changes will be posted on the Company's website, and we encourage you to review the Privacy Policy periodically. Your continued use of the Company's services after the posting of any changes constitutes your acceptance of such changes.
6.13 By providing your personal information to the Company, you acknowledge that you have read and understood this section on Personal Data and GDPR, and you consent to the collection, use, storage, and processing of your personal data in accordance with the Company's Privacy Policy and applicable data protection laws.
Please note that this section is intended to provide an overview of the Company's approach to handling personal data and should not be considered exhaustive. For detailed information on how your personal data is collected, used, and protected, please refer to the Company's Privacy Policy.
7. Refund and Cancellation Policy
7.1 All purchases are final. The Company reserves the right to refuse mentoring or terminate mentoring at any time and for any reason without refund. In such cases, the Company will make reasonable efforts to provide notice of the termination to the mentee. The mentee acknowledges and agrees that the Company's decision to refuse or terminate mentoring is at its sole discretion and does not entitle the mentee to any refund or compensation.
7.2 In the event that the Company decides to offer a refund or cancellation option for a specific service or product, the terms and conditions for that service or product will prevail over this general refund and cancellation policy. Any refund or cancellation requests must be made in accordance with the specific terms and conditions provided by the Company for that particular service or product.
7.3 The Company understands that unforeseen circumstances may arise that could prevent a mentee from continuing with the mentoring program. In such cases, the mentee may request a cancellation or rescheduling of the mentoring sessions. However, any such requests are subject to the availability and discretion of the Company. The Company will make reasonable efforts to accommodate the mentee's request, but cannot guarantee the availability of alternative options or rescheduling.
7.4 It is the responsibility of the mentee to provide timely notice of any cancellation or rescheduling requests. Failure to provide sufficient notice may result in the mentee forfeiting the missed session(s) without any refund or compensation.
7.5 The Company reserves the right to modify or update its refund and cancellation policy at any time without prior notice. Any changes to the policy will be effective immediately upon posting on the Company's website. It is the responsibility of the mentee to review the refund and cancellation policy periodically for any updates or changes.
7.6 In the event of a refund, the Company will process the refund using the original payment method used for the purchase. The timeline for receiving the refund may vary depending on the payment provider and any applicable policies.
7.7 The mentee acknowledges and agrees that the refund and cancellation policy is an integral part of the terms and conditions and represents the mutual understanding between the Company and the mentee regarding the refund and cancellation of mentoring services. By engaging with the Company's services, the mentee accepts and agrees to comply with this policy.
7.8 Final Sale Policy
All sales made through The Mindset For Success Academy, including but not limited to mentoring, courses, training events, and any other products or services offered, are final and non-refundable. We ensure that all our offerings are of the highest quality and are designed to provide valuable learning and growth opportunities. As such, we do not offer refunds once a purchase has been made. This final sale policy applies across all products and services to maintain consistency and ensure that our clients are confident in their decision to invest in their growth and development with us. Please be advised that this policy also extends to any additional products or services The Mindset For Success Academy may offer in the future. By making a purchase, clients acknowledge and accept this final sale policy as a mutual understanding between them and The Mindset For Success Academy.
Please note that this extended section provides additional details and considerations regarding the refund and cancellation policy. The terms and conditions specific to each service or product may further elaborate on the refund and cancellation options available for that particular offering.
Non-Disparagement and Nondisclosure Agreement
8.1 By purchasing or attending a The Mindset For Success Academy course, product, mentoring, or event, you agree not to speak negatively about the Company, its services, or its founder, Tristan Carter. This includes any public statements, reviews, comments, or social media posts that may be detrimental to the Company's reputation or image. We believe in open and constructive feedback, but we request that any concerns or issues be addressed directly with the Company for prompt resolution. Engaging in any behaviour that could harm the Company's reputation or image, such as defamatory remarks or spreading false information, is strictly prohibited.
8.2 Furthermore, by agreeing to the terms and conditions, you enter into a nondisclosure agreement. This agreement ensures the confidentiality of all information, materials, and discussions shared during the mentoring or any other services provided by the Company. You agree to keep all proprietary information, trade secrets, strategies, and intellectual property disclosed to you strictly confidential.
8.3 The nondisclosure agreement applies to all aspects of the mentoring relationship and extends beyond the duration of the services provided. It includes, but is not limited to, any materials, documents, processes, methodologies, techniques, or insights shared by the Company or its representatives. You agree not to disclose, reproduce, distribute, or exploit any confidential information without the express written consent of the Company.
8.4 The nondisclosure agreement also extends to any discussions or interactions that take place between fellow mentees, participants, or members of The Mindset For Success Academy community. It is expected that all members will respect the confidentiality of information shared within the community and refrain from sharing or discussing confidential information outside of the designated channels or without proper authorisation.
8.5 The Company understands that personal experiences and transformations may be shared as testimonials or success stories. By agreeing to the terms and conditions, you grant the Company the right to use, publish, or display such testimonials or success stories in connection with its services, products, marketing materials, or website. However, the Company will not disclose any personally identifiable information without obtaining your explicit consent.
8.6 The Company takes the protection of your confidential information seriously and will implement reasonable security measures to safeguard it. However, it is important to note that no data transmission over the internet or storage system can be guaranteed as 100% secure. Therefore, the Company cannot ensure or warrant the absolute security of any information shared during the mentoring or any other services. By agreeing to these terms and conditions, you acknowledge and accept this inherent risk.
8.7 Violation of the non-disparagement and nondisclosure agreement may result in legal action and the pursuit of remedies, including but not limited to monetary damages, injunctive relief, and attorney's fees.
Please be aware that this extended section provides a comprehensive outline of the non-disparagement and nondisclosure agreement. It is essential to read and understand these provisions to ensure a harmonious and confidential mentoring experience.
Jurisdiction and Governing Law
9.1 The Mindset For Success Academy is based in the UK and falls under the jurisdiction of UK laws and regulations, to which it complies. By accessing and using the Company's services, products, courses, mentoring, or events, you agree that any disputes or claims arising out of or relating to these terms and conditions, or your use of the Company's services, shall be governed by and construed in accordance with the laws of the United Kingdom.
9.2 Any legal actions, suits, or proceedings arising out of or relating to these terms and conditions shall be brought exclusively in the courts of the United Kingdom. You hereby consent to the personal jurisdiction and venue of such courts and waive any objections or claims of inconvenient forum.
9.3 In the event that any provision of these terms and conditions is deemed to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.
9.4 The failure of the Company to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The Company reserves the right to modify or amend these terms and conditions at any time, without prior notice, by posting the updated version on its website or through other means of communication. It is your responsibility to review the terms and conditions periodically for any changes.
9.5 These terms and conditions, together with any other agreements or policies referenced herein, constitute the entire agreement between you and the Company regarding the subject matter herein and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.
9.6 You agree that the Company may assign, transfer, or delegate any of its rights and obligations under these terms and conditions without your consent. However, you may not assign, transfer, or delegate any of your rights or obligations without the prior written consent of the Company.
9.7 The headings used in these terms and conditions are for convenience only and shall not affect the interpretation of the provisions herein.
By agreeing to these terms and conditions, you acknowledge that you have read, understood, and agreed to be bound by all the provisions outlined in this document. If you do not agree with any part of these terms and conditions, or if you have any questions or concerns, please contact the Company for clarification before proceeding.
Additional Terms
10.1 Mentor refers to the person providing coaching or mentoring services, while mentee refers to the person receiving such services. The mentor-mentee relationship is intended to foster personal and professional growth, and it is based on mutual respect, trust, and open communication.
10.2 The Company reserves the right to modify or update the terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting the updated version on the Company's website or through other means of communication. It is your responsibility to review the terms and conditions periodically for any changes and ensure compliance with the most recent version.
10.3 The Company holds all intellectual property rights for The Mindset For Success Academy brand, including its courses, training materials, and content. No one has the right to use, reproduce, distribute, or modify any of the Company's intellectual property without prior written permission from Tristan Carter or the authorised representative of the Company. Unauthorised use or infringement of the Company's intellectual property may result in legal action.
10.4 By participating in The Mindset For Success Academy Mentoring program or using any of the Company's services, you acknowledge that the mentors' time is compensated, but their advice is offered as friendly conversation and should be followed at your own risk. The mentors are not professional counsellors, therapists, or financial advisors, and their guidance should not replace professional counselling, therapy, or financial advice. It is recommended to consult with relevant professionals for specific advice or assistance.
10.5 The Company cannot be held liable for any damages, losses, or consequences arising from the use or misuse of its services, information, or materials. By agreeing to the terms and conditions, you waive any claims or legal actions against the Company, its mentors, or its affiliates, and you assume full responsibility for your actions, decisions, and outcomes. The Company endeavours to provide accurate and reliable information, but it makes no guarantees regarding the accuracy, completeness, or suitability of its services or materials for your specific circumstances.
10.6 The results achieved by clients, including the testimonials and success stories mentioned on the Company's website or in its promotional materials, are not typical and should not be considered a guarantee of your own success. Each client's results are based on their unique circumstances, abilities, and efforts. The testimonials and success stories are provided for informational purposes only, and they should not be interpreted as a promise or assurance of specific outcomes.
10.7 The mentoring relationship between the Company and the client is not a legally binding agreement and can be terminated by either party at any time if it is deemed to be in the best interest of the mentee or mentor. Termination of the mentoring relationship does not entitle the client to a refund, compensation, or any further services.
10.8 The Company may collect personal information from users or customers in accordance with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR) and other relevant privacy laws. The Company will handle and protect personal data in compliance with its Privacy Policy, which outlines the types of information collected, the purposes for which it is used, and the measures taken to safeguard personal data. By providing personal information to the Company, you consent to the collection, use, and storage of your data as outlined in the Privacy Policy.
10.9 Any dispute arising from or in connection with these terms and conditions, including the validity, interpretation, or performance thereof, shall be subject to the exclusive jurisdiction of the courts in the United Kingdom. You agree to submit to the personal jurisdiction of such courts and waive any objections or claims of inconvenient forum.
11. Affiliate Program Terms and Conditions
11.1 Participation in Affiliate Program
By signing up for and participating in The Mindset For Success Academy Affiliate Program (“Affiliate Program”), affiliates agree to comply with all terms, conditions, and policies outlined in this agreement. The Academy reserves the right to terminate, modify, or suspend an affiliate’s participation in the Affiliate Program at its sole discretion for any reason, including but not limited to breaches of this agreement or any applicable advertising guidelines.
11.2 Compliance with Laws and Guidelines
Affiliates are required to comply with all applicable laws, regulations, and advertising standards. This includes but is not limited to truth-in-advertising laws, GDPR, CAN-SPAM, and the Federal Trade Commission’s (FTC) guidelines. Any violation of these laws or our advertising policies, including misrepresentation of the products or services, will result in immediate termination and may lead to legal action.
11.3 Intellectual Property and Content Ownership
All promotional materials provided by The Mindset For Success Academy remain the intellectual property of the Academy. Any media, content, or materials created by affiliates to promote Academy products automatically become the intellectual property of the Academy. Affiliates agree not to use the Academy’s branding, materials, or any proprietary information without explicit written permission.
11.4 Affiliate Liability and Enforcement
Affiliates agree to indemnify and hold harmless The Mindset For Success Academy Ltd. and Tristan Carter from any liability, legal claims, damages, or costs resulting from the affiliate’s actions. This includes but is not limited to fines, legal action, or other damages that may arise due to the affiliate’s breach of these terms, advertising guidelines, or any other violations. Affiliates acknowledge and agree that their participation in the Affiliate Program is at their own risk.
11.5 Liquidated Damages for Breach
In the event that an affiliate breaches any term of this agreement, especially those related to compliance, advertising standards, or confidentiality, The Mindset For Success Academy reserves the right to seek liquidated damages in the amount of £25,000 per breach. This is a reasonable pre-estimate of the damage caused and is not intended to be punitive. Affiliates agree that this sum is fair and enforceable in the event of a breach.
11.6 Participation in the Affiliate Program
By signing up for and participating in The Mindset For Success Academy Affiliate Program, either through our internal platform or via third-party platforms such as ClickBank, you acknowledge and agree that you are participating as an independent contractor. This relationship does not constitute employment, partnership, joint venture, or agency relationship with The Mindset For Success Academy or Tristan Carter. You will not be entitled to any employment-related benefits, including but not limited to health insurance, retirement benefits, or paid leave.
11.7 Independent Contractor Status
As an independent contractor, you are solely responsible for managing and reporting all taxes, levies, or fees associated with your affiliate earnings in accordance with the tax laws of your country or jurisdiction. The Mindset For Success Academy will not withhold taxes on your behalf, nor will we provide any guidance or advice regarding tax obligations. It is your responsibility to ensure compliance with all tax requirements, including income, VAT, sales tax, or any other applicable tax obligations.
11.8 No Authority to Bind
You acknowledge that, as an affiliate, you have no authority to bind or act on behalf of The Mindset For Success Academy or Tristan Carter in any contractual or legal matters. You are not authorised to make statements, promises, or representations about our products or services outside of the official marketing materials provided by the Academy.
11.9 No Minimum Earnings Guarantee
Your participation in the Affiliate Program does not guarantee any specific level of earnings or success. Your results will depend entirely on your individual efforts, promotional strategies, and market conditions. The Mindset For Success Academy reserves the right to modify, suspend, or discontinue the affiliate program at any time without prior notice.
11.10 Affiliate Payout Terms
Affiliate commissions will be paid out on the first day of every month for the previous month’s sales, provided the minimum payout threshold of $10 has been met. The Mindset For Success Academy reserves the right to hold or cancel affiliate payouts if fraudulent activity or breach of terms is suspected.
11.11 Termination of Affiliate Relationship
The Mindset For Success Academy reserves the right to terminate your participation in the Affiliate Program at any time, with or without cause. Upon termination, you must cease using any affiliate links or promotional materials immediately and will not be eligible for further commissions for sales made after the termination date.
11.12 Indemnification
You agree to indemnify, defend, and hold harmless The Mindset For Success Academy and Tristan Carter from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from your participation in the affiliate program, including but not limited to your breach of these terms or any third-party claims arising from your promotional activities.
11.13 Self-Referrals and Discount Abuse
Affiliates are strictly prohibited from using their own affiliate links to purchase products for themselves, household members, or close personal contacts for the purpose of earning commissions or discounts. This includes, but is not limited to, using shared payment methods, shared IP addresses, or similar tactics to simulate a referral. Any commissions generated through such self-referrals may be reversed or withheld at the sole discretion of The Mindset For Success Academy. Repeated or deliberate abuse may result in immediate termination from the Affiliate Program and forfeiture of all pending commissions.
11.14 Mailing List Consent
By signing up for The Mindset for Success Academy Affiliate Program, you agree to be added to our email mailing list. We may use this list to send you important updates, exclusive offers, and promotional content related to our services. You may opt-out of these communications at any time by following the unsubscribe instructions provided in the emails.
12. Limitation of Liability, Legal Waiver, and Agreement by Account Creation
12.1 Agreement to Terms Upon Purchase or Account Creation
By purchasing any product, course, mentoring service, or by enrolling in the Mindset For Success Academy Affiliate Program, or by creating an account on the Mindset For Success Academy website, you are agreeing to abide by these Terms and Conditions in full. You further acknowledge and agree that by creating an account, regardless of whether or not you make a purchase, you are bound by these terms. Your account creation confirms your consent to these terms.
12.2 Waiver of Legal Claims
In the event of any dispute arising from your participation in the Academy’s programs, services, or products, you explicitly agree to waive any right to pursue legal action against The Mindset For Success Academy Ltd. or Tristan Carter. This includes waiving any claims for damages, compensation, or reimbursement. You also agree not to name The Mindset For Success Academy Ltd. or Tristan Carter in any lawsuit or legal proceeding, either in the UK or any other country.
12.3 Disparagement and Non-Disclosure Agreement
You agree that by purchasing any product, creating an account, or engaging with The Mindset For Success Academy Ltd., you will not make any negative or disparaging remarks, either publicly or privately, regarding the company, its products, services, or Tristan Carter. This includes but is not limited to statements made on social media, in the press, or in any public forum. Any violation of this clause will be subject to immediate legal action, including but not limited to injunctive relief and liquidated damages as specified below.
12.4 Non-Disclosure and Confidentiality Agreement
All information, strategies, and materials provided by The Mindset For Success Academy Ltd. are confidential and proprietary. You agree not to disclose, share, or reproduce any of this material without prior written consent from the company. Any breach of confidentiality will result in legal action, including the pursuit of liquidated damages of £25,000 per breach.
12.5 Intellectual Property and Rights to Created Media
Any media, content, or materials created by affiliates or clients as part of their participation in The Mindset For Success Academy shall automatically become the intellectual property of the Academy. This includes but is not limited to marketing materials, blog posts, social media content, and video media. The Academy reserves the right to use, reproduce, and modify this content without compensation to the creator.
12.6 Enforcement of Liquidated Damages
In the event of a breach of any of the clauses in this agreement, The Mindset For Success Academy Ltd. reserves the right to seek liquidated damages of £25,000 per incident of breach. This sum is agreed upon as a fair and reasonable estimate of the damages that may result from such breaches. The imposition of these liquidated damages is intended to ensure compliance and protect the Academy’s reputation and interests.
13. Governing Law and Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the laws of the United Kingdom. By agreeing to these Terms & Conditions, you acknowledge and agree that any disputes or claims arising out of or related to your participation in any The Mindset For Success Academy program, course, or affiliate program shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Age Restrictions for Products and Services
14.1 Affiliate Program Age Restrictions
Our affiliate program is strictly for individuals over the age of 18. Any affiliates found to be using our affiliate program under the age of 18 may have their affiliate payout held or canceled for breach of these terms.
14.2 Age Restrictions for All Products and Services
The Mindset For Success Academy’s products, courses, and services, including mentoring and all digital products, are intended for individuals aged 18 years and older. By purchasing any product or service from The Mindset For Success Academy, you confirm that you are at least 18 years of age. Any individual found to have purchased or engaged in services under the age of 18 will have their access to the product or service revoked.
15. Video Testimonials and Media Rights
15.1 Video Testimonials
By providing a video testimonial, you grant The Mindset For Success Academy full rights to use, reproduce, modify, and distribute the video in any form, including but not limited to marketing materials, paid ads, and social media campaigns, without compensation or further permission. Testimonials submitted become the intellectual property of The Mindset For Success Academy and may be used for an indefinite period.
By agreeing to these terms and conditions, you acknowledge that you have read, understood, and agreed to be bound by all the provisions outlined in this document. If you do not agree with any part of these terms and conditions, or if you have any questions or concerns, please refrain from using the Company's services, products, courses, mentoring, or events.
The terms and conditions outlined in this document constitute the entire agreement between you and The Mindset For Success Academy , superseding any prior agreements or understandings, whether written or oral, relating to the subject matter herein. No waiver of any provision of these terms and conditions shall be deemed a further or continuing waiver of such provision or any other provision.
If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of the Company to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
Please print or save a copy of these terms and conditions for your records. If you have any questions or need further clarification regarding these terms and conditions, please contact the Company's customer support.
Thank you for your understanding, and we look forward to supporting you on your journey towards personal and professional growth with The Mindset For Success Academy.