Welcome to Brian Cha Motivation and affiliated companies who have established the following terms and conditions which sets forth the conditions of your purchase with Brian Cha Motivation and affiliated companies.
SECTION 1 – APPLICABILITY
These terms and conditions for services (the “Terms”) are the only terms that govern the provision of services by Brian Cha Motivation and affiliated companies, (the “Service Provider”) to You (the ”Customer”).
Through your confirmation of purchase via means of but not limited to voice call, voice message, text message and or electronic mail, between yourself and the Service Provider representative (the “Confirmation”), if any, and these Terms (collectively, the “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Confirmation, these Terms shall govern, unless the Confirmation expressly states that the terms and conditions of the Confirmation shall control.
These Terms prevail over any of Customer’s general terms and conditions regardless whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
This Agreement will take effect at the time you confirm, agree or similar confirmation.
SECTION 2 – CUSTOMER’S OBLIGATIONS
Customer shall:
Respond promptly to any Service Provider request to provide direction, information, approvals, authorisations or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of this Agreement;
Provide such customer materials or information as Service Provider may request to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects; and
Obtain and maintain all necessary licences and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.
SECTION 3 – CUSTOMER’S ACTS OR OMISSIONS
If Service Provider’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
SECTION 4 – FEES AND EXPENSES; PAYMENT TERMS; LATE PAYMENTS
In consideration of the provision of the Services by Service Provider and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Confirmation.
Customer shall pay all invoiced amounts and shall make all payments hereunder in the currency as set forth in the Confirmation.
Refunds and exchanges are not permissible unless otherwise stated in the Agreement. You agree to pay all charges that may be included by you or on your behalf at the price in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. (add according to local tax rules)
In the event payments are not received by Service Provider, Service Provider may:
– charge interest on any such unpaid amounts at a rate of the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and
– suspend performance for all Services until payment has been made in full.
Customer agrees that financial information, including your credit card number, that you provide to us may be disclosed to the applicable payment processor in order to process a payment or recurring payments for a transaction that you enter into with us. For more information about payment processor’s services, privacy policy, and security measures, please visit the payment processor’s website www.stripe.com.
SECTION 5 – TAXES
Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder.
SECTION 6 – INTELLECTUAL PROPERTY
The Service Provider remains at all times the owner of the intellectual property of all intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) provided to Customer. Service Provide hereby grants Customer a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sub-licensable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Services.
SECTION 7 – CONFIDENTIAL INFORMATION
All non-public, confidential or proprietary information of Service Provider, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Service Provider to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of Service Provider.
Confidential Information does not include information that is:- in the public domain;- known to Customer at the time of disclosure; or- rightfully obtained by Customer on a non-confidential basis from a third party.
Customer agrees to use the Confidential Information only to make use of the Services and Deliverables. Service Provider shall be entitled to injunctive relief for any violation of this Section.
SECTION 8 – DISCLAIMER OF WARRANTIES
SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
SECTION 9 – AUTOPILOT CLIENT MACHINE™️ GUARANTEE
Please refer to Page Autopilot Client Machine™️ Guarantee (https://www.brianchamotivation.com/autopilot-client-machine-guarantee/)
SECTION 10 – LIMITATION OF LIABILITY
IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT OR THE APPLICABLE COACHING CALL.
SECTION 11 – TERMINATION
In addition to any remedies that may be provided under this Agreement, Service Provider may terminate this Agreement with immediate effect without notice to Customer, if Customer:
– fails to pay any amount when due under this Agreement;
– has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or
– becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganisation or assignment for the benefit of creditors.
Service Provider shall perform the following actions upon termination of Agreement:
– remove customer entirely from corresponding marketing channels and Service Provider
– cease any access to customer and request customer to destroy
SECTION 12 – WAVIER
No waiver by Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
SECTION 13 – GOVERNING LAW
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the country where full payment was settled either within Hong Kong Special Administrative Region and or Malaysia without giving effect to any choice or conflict of law provision or rule (whether of the Hong Kong Special Administrative Region and of Malaysia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Hong Kong Special Administrative Region and or Malaysia.
SECTION 14 – SUBMISSION TO JURISDICTION
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the Hong Kong Special Administrative Region and or Malaysia and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
SECTION 15 – AMENDMENT AND MODIFICATION
Service Provider may at any time change any of the terms and conditions and may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents are records originally generated and maintained in printed form. Service Provide will not be responsible for failures to fulfil any obligations due to causes beyond its control.
SECTION 16 – CONTACT
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to support@brianchamotivation.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
Last Updated on January 1st, 2022
MoooFit Ltd. may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information that identifies you as an individual – for example, your name, address, telephone number, e-mail address, credit card information, billing address and shipping information. Non-PII is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools and other information that does not reveal your specific identity. PII and Non-PII may be collected anytime you access or use a MoooFit Ltd. website. PII and Non-PII may also be collected by MoooFit Ltd. during in-person discussions, telephone conversations, and electronic or other written communications. MoooFit Ltd. also collects information via cookies; blocking cookies may render you unable to access certain MoooFit Ltd. products, services, or websites.
MoooFit Ltd. uses PII to respond to your inquiries, provide you with services you have requested, keep you informed of services MoooFit Ltd.thinks may be of interest to you, and otherwise personalize your experience with MoooFit Ltd. reasons. MoooFit Ltd. does not sell or lease PII about you to others. MoooFit Ltd. may share PII with MoooFit Ltd. affiliates and third parties contracting with MoooFit Ltd.to provide services to you, e.g., financial institutions. MoooFit Ltd. may also share PII when required by law, or when you have expressly requested MoooFit Ltd. to do so. MoooFit Ltd. reserves the right to disclose and use your PII if MoooFit Ltd. believes it is necessary to: (a) respond to legal process, e.g., a subpoena; (b) respond to a law enforcement agency’s request; (c) enforce the Terms; or (d) protect the rights, privacy, safety, property, or operations of MoooFit Ltd. or third parties;
Because Non-PII does not personally identify You, MoooFit Ltd. reserves the right to use and disclose to third parties Non-PII for any purpose.
MoooFit Ltd. maintains reasonable physical, administrative and technical safeguards to protect PII from loss, misuse, or unauthorized access, disclosure, alteration or destruction. MoooFit Ltd. enforces its Privacy Policy via self-assessment.
MoooFit Ltd. reserves the right to change this privacy notice, which changes will become effective upon posting of the revised notice https://www.brianchamotivation.com/privacy, or upon emailing of the changes to You at the email address You provided to MoooFit Ltd., or as required by law.
Except where expressly stated by MoooFit Ltd. is not affiliated or associated with operators of any third party websites that link to or are linked from any MoooFit Ltd. maintained website. MoooFit Ltd. disclaims any responsibility for the accuracy or content of information found on third party websites that link to or are linked from any MoooFit Ltd. – website. MoooFit Ltd. disclaims any responsibility for the security of any information (including without limitation credit card and personally identifiable information (“PII”)) that you may provide to any third party. MoooFit Ltd. reserves the right, at any time and in its sole and absolute discretion, to block links to any MoooFit Ltd. – maintained website through technological or other means without prior notice.
As an MoooFit Ltd. website user, You will be required to create an account with MoooFit Ltd. You warrant that the information you provide MoooFit Ltd. is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your MoooFit Ltd. account, and you agree not to transfer your password or User name, or lend or otherwise transfer your use of or access to your account, to any third party. You are fully responsible for all transactions with, and information conveyed to, MoooFit Ltd. under your account. You agree to immediately notify MoooFit Ltd. of any unauthorized use of your password or User name or any other breach of security related to your account. You agree that MoooFit Ltd. is not liable, and you will hold MoooFit Ltd. harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You grant MoooFit Ltd. permission to use any and all photographs, or video or audio or digital recordings, taken by MoooFit Ltd. or its agents or employees, or submitted by You to MoooFit Ltd. (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of MoooFit Ltd. or any product or service sold and marketed by MoooFit Ltd. You agree that this authorization to use Photographs may be assigned by MoooFit Ltd. to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in MoooFit Ltd. sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against MoooFit Ltd. in exchange for this Release and Assignment. You hereby release and forever discharge MoooFit Ltd. from any and all liability and from any damages you may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon your heirs and assigns. You agree that this Release is irrevocable.