I hope that our professional relationship will be based on mutual understanding and reasonableness. If you think we are not being reasonable, let us know. And we’ll do the same with you. Hopefully we can sort out any issues as reasonable people.
However, you should still read through these terms. They are fairly standard. Basically they are saying, we will do our best to make you happy. If we don’t, you can cancel. Please don’t share your logins or our copyrighted materials and if you need to cancel one2one sessions, let us know at least 48 hours, but preferably longer, in advance.
But most importantly, contact us if you are unhappy!
- If you subscribe, your agreement is with Happy Atom Limited, a company registered in England (Company Registration Number: 3874793).
- You can cancel your subscription at any time. If you cancel before the end of the subscription period, you will lose access to all materials and all future one2one sessions will be cancelled. If you cancel during the first month, we will refund your first subscription payment. Following the first month, any subscriptions already paid will not be refunded.
- If you pay all subscriptions due for the entire program, you will have lifetime access to the program materials.
- Your subscription is a personal licence giving you alone access to the website and materials. If others login using your credentials, we reserve the right to cancel your subscription. (your login IP addresses are tracked and you will not be able to login from multiple IP addresses simultaneously. So sharing your credentials may prevent you yourself from accessing the website.)
- We are happy for you to share one or two pieces of content from the program with others but please be reasonable. Such sharing shall be with done privately with individuals and any publishing of our materials publicly, in printed form or electronically (including, but not limited to, social media, websites, forums, comments), shall be deemed an actionable breach of copyright. If in doubt, contact us – we’re reasonable.
- While we endeavour to ensure that this website is available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. If you cannot connect to the website, let us know. It may be that other people are accessing the website without issue and the problem is somewhere in your connections. We may be able to help you diagnose the issue.
- Our SLA with our hosting provider includes protection from DDOS attacks and our websites are protected by a firewall and application-specific security plugins. As you can see by the https:// at the beginning of our URL and the padlock icon, all communication between your browser and our website is encrypted. All data is backed-up daily, so in the event of technical problems, we can easily rollback to a recent set of data. We will do our best to ensure that the website is available for you to access content but shall not be held liable for Force Majeure events. For the purpose of our agreement, a Force Majeure event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. We shall not be liable to you as a result of any delay or failure to perform our obligations under this contract as a result of a Force Majeure event. If the Force Majeure event prevents us from providing any of the services for more than 6 weeks, we shall, without limiting our other rights or remedies, have the right to terminate this contract immediately by giving notice to you via email.
- A “one2one” session is a discussion between an individual and a consultant appointed by the Happy Atom Limited and may take place in person or remotely using telephones, VoIP applications, such as Skype, or web meeting technology, such as 24 Sessions. It’s probably the same in your business: time is money. We have to schedule one2one sessions carefully, otherwise we can have a whole day blocked from fee-earning activities by a single one2one session. For that reason, we need to have some restrictions on rescheduling and cancelling one2one sessions. If you have subscribed to the one2one Program or one2one sessions, you can book one2one sessions via the links on our website. You will find cancellation and rescheduling links within the email confirmations that you receive when you book a one2one session. Please do not reschedule or cancel within 48 hours of a session. We reserve the right to regard a session rescheduled or cancelled with 48 hours of a scheduled one2one session as having been completed and not capable of being rearranged. No refund will be made. (In practice, contact us and usually we will rearrange – but don’t do it too often or we’ll point you towards this clause.)
- If you arrive late to a one2one session, the one2one session will still finish at the original scheduled time. (Generally, this is because there will be another session following on or I have scheduled activities around the session. But, in practice, when I can, I will extend a session.)
- We undertake never to share any confidential information shared with us during one2one sessions, unless compelled to do so by force of law (unfortunately our sessions are not privileged). Other than personally identifiable information, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave these websites. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to these websites, you do so entirely at your own risk.
- While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
- You are prohibited from posting or transmitting to or from this website, or any other websites connected to our organisation, including but not limited to social media sites and messaging applications, any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of the above.
- We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
- We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with these websites in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing these websites or your downloading of any material from this website or any websites linked to these websites.
- Any suggestions, recommendations, advice, opinions or statements provided in any form on this site or other linked sites, including but not limited to social media sites, or in one2one sessions, should not be regarded in any way as an incitement to act. They are ideas to ponder. In any situation, there are always too many variables and nuances. You agree that you will not rely as a justification for acting, on any material of any kind, either produced by us or others, on our website and connected websites or in one2one sessions.
- We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your use of our services.
- Our total liability to you in respect of all other losses arising under or in connection with our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the subscription fees paid by you.
- If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
- These terms constitute the entire agreement between us. You shall not be entitled to rely on any statement, promise or representation made or given by us which is not set out in these terms, unless specifically given in writing.
- This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- We may revise these terms and conditions at any time by updating this posting. You should check these websites from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.