TERMS and CONDITIONS and LICENCE AGREEMENT
Last Revised: 31st July 2020
These terms and conditions cover both the use of FelixNew.com and the Inner Peace Challenge or other services offered by Felix New individually (e.g. coaching & consulting) (“the website/ service”). Certain points will only apply to either the regular website or Inner Peace Challenge. If any points do not apply to the service you are using, you (“the USER”) are still bound by ALL others terms of this AGREEMENT that apply to your use. These terms remain in full force. Some services offered by Felix New or Felix New Media (e.g. coaching) are subject to further terms and conditions, you will be directed to these terms when purchasing applicable services (i.e coaching agreement). By purchasing and using these services, you accept to be bound by this AGREEMENT and any further terms and conditions.
The Terms and Conditions of this Website are subject to change by Felix New and employees of Felix New Media at any time and without notice. The use of the website after the implementation of changes is to be considered as your agreement of the changes. Please check the terms and conditions when you visit the website. We will update the ‘last updated’ section accordingly and notify you of material changes.
The service offered is most often referred to as ‘us’, ‘me’, ‘I’, ‘we’ or our’, ‘the website’, ‘the membership provider’.
By using the service, you opt-in to be bound by the terms outlined here. If you do not agree with the terms I , then you MAY NOT use the service provided by the Website.
If you accept and comply (with) the terms (unless exceptions apply that are outlined within these terms), you shall have access to the service (Felix New or an employee retains the right at all times to cancel your membership/terminate access without the need for a justification – see cancellation section for more). The terms apply to everyone who visits felixnew.com (or sub-domains) or purchases a product or service from Felix New directly (additional terms may apply).
This service is not for children. It was designed for adults over the age of 18. You may not use this service under the age of 13. Those above 13, but under 18, are only allowed to use this service with the consent and joining of a legal guardian or parent when using the service. Only adults are permitted to purchase.
You can only join this service if you can legally enter into this AGREEMENT with the website owner and Membership/service PROVIDER.
2. FURTHER RESTRICTIONS & KEY TERMS
You may not use this service if you have previously been banned from this service (regardless of the reason for your removal).
You need to agree to the following points:
You will not conduct any behaviour to damage this website.
You will not sell or aim to produce commercial gain/use commercially – the content on this website and provided by this service.
You will not share any website links (e.g download pages) with others in an attempt to avoid payment for the services provided by Felix New.
You will not use this website in unlawful ways.
You will keep your username and password safe at all times. You will not share your password with others.
You are entirely responsible for your interaction with other users. The SERVICE PROVIDER (Felix New) assumes no liability for your interaction with other users and is not responsible for mediating between parties.
You will not engage in any behaviour to purposefully negatively impact the use of this service for other members or people interested in signing up.
You will not share any material you find on this website (especially the download pages) on other forms of media, e.g. print or social media platforms (unless consent given by Felix New or an employee of Felix New Media).
Unless you are the dedicated license holder for an organization, you may not publicly display the website material. If you are a dedicated license holder for the membership, you may ONLY display the content within your organization and for educational purposes (with your presence at all times) - you may not publicly display the website material beyond this.
You will NOT engage in any data mining, extracting of data, harvesting of data, viruses, worms, supplying invalid data, or any behaviour that is similar – whilst using this website or concerning this website or linked services.
You will not bypass or aim to bypass measures designed to restrict access to the Inner Peace Challenge or certain areas of the website. You will not bypass or aim to bypass measures in place that aim to tackle unauthorized copying or distribution of the content.
You will not advertise, promote, or market any products or services.
You will not use this service to send spam or unsolicited emails.
You will not hide your identity or claim false association with an entity or individual.
You will not engage in fraudulent activity concerning this website and service.
You will NOT engage in abusive, violent, defamatory, discriminatory behaviour or do anything that endangers/could cause damage to other users, the service provider or the website itself.
You accept that you don’t have access to all areas of this website and that more areas can be made restricted to you at any time without prior notice.
You accept and are aware that the results achieved by Felix New, testimonials or third parties, are non-typical and are by no means a guarantee that you or someone else will also gain the same result. Results vary depending on the individual and a range of factors.
You accept that you use this website and all services at your own risk. You accept that no warranties are given. You accept that the outcome of following any information or advice on this website or provided by the membership provider and any judgement, decisions and evaluations you make are entirely your responsibility.
This service does not constitute diagnosis or treatment. This service does not constitute medical, financial, life or advice of any form.
Please note: this list of restrictions can be updated at any time so please check this section when you visit the website.
3. GRANT OF LICENSE (9-Day Inner Peace Challenge)
Once the LICENSEE has completed the necessary registration/purchase (depending on current offers) by supplying their email, payment details address & full name AND paying a LICENCE FEE - the SERVICE PROVIDER hereby grants to the LICENSEE, subject to the terms and conditions of this AGREEMENT, a non-exclusive, non-transferable right to use the 9-Day Inner Peace Challenge Content on as many COMPUTERS or PHONES as is reasonable for a single user.
If the LICENSEE is a company/business/organization (even if un-incorporated), the SERVICE provider (Felix New.com), expects from the LICENSEE to dedicate one sole rights holder to use the Challenge as per this AGREEMENT. Users may share the content in a group setting for educational purposes, although individual users must have their own account and LICENSE if the content is not played back by the dedicated sole rights holder. Individuals are required to register individually/purchase additional LICENSES for their personal use.
A PAYING USER will pay the LICENCE FEE + COACHING FEE in the currency displayed on the store available to them. THE FEES ABOVE are the amount without taxes or additional fees which the PAYING USER must pay for (usually charged/added by the payment system provider). ALL payments must be completed at the moment of purchase (unless stated otherwise) – or else you will not receive a LICENCE and this AGREEMENT is considered breached by the USER. Failure to pay will lead to us terminating your account and is considered a breach of this AGREEMENT.
When purchasing a product or service, you may be asked to provide information such as credit/debit card information (number, expiration date, billing address, shipping address). By doing so, you warrant that you are legally allowed to use any credit/debit cards, PayPal accounts, or other payment methods you supply. You also warrant that this information is up-to-date and correct.
After you have placed your order, we will check the information you have provided to determine if it is valid. We will reach out to you via e-mail if we require further information to activate your LICENSE. We retain the right to refuse or cancel your order for a range of reasons that do not need to be declared to you. This will usually happen if an error has occurred on our or your behalf or we believe the transaction is fraudulent in nature/not in the best interest of the customer.
In accordance with our eligibility section above, we do not sell to children. An eligible adult must make the purchase.
Once you have committed to a purchase and received the product, you agree to the transaction/payment as final and non-refundable unless an exception applies e.g. 14-day money-back guarantee or the delivery has a clear fault not caused by you which impacts the usability of the product (please contact us at firstname.lastname@example.org and we will aim to resolve the issue for you ASAP).
5. SHIPPING/PRODUCT DELIVERY
The majority of Felix New/Felix New Media products and services are currently shipped/delivered via. third-parties, e.g. Teespring.com or Amazon.com/co.uk or delivered electronically via. platforms such as Kindle or Clickfunnels.com, iTunes, Google Play etc. You agree that Felix New/Felix New Media is not liable for any issues encountered during the shipping/delivery of your order. You should first contact the support team at the third-party service provider to resolve any problems with your order. If you are still having trouble accessing or completing your order, you can reach out to email@example.com – however, you agree that we are under no obligation to help or liability if you are unable to access the service.
In case you have purchased a physical or electronic product from us directly, we will deliver your order to you via a shipping/delivery method we choose to be most applicable. We do not guarantee any delivery times, nor are we liable or responsible for the services of any shipping company. We are under no obligation when to post your order, but we will aim to do this within 7 working days from the day of purchase (often much quicker). You agree that Felix New/Felix New Media is not liable for any issues encountered during the process of shipping/delivering your order. We can choose to cancel the order and delivery at any time at our sole discretion with no need for justification. This will usually happen if there is an error or concern regarding your order. You agree to pay any additional fees that arise as a result.
All information you submit to us when creating your account must be accurate, and you shall take on the sole responsibility to keep your information up to date. You are equally responsible for all activity conducted on your account.
You agree to keep your account information (i.e. username and password) safe and not share it with others.
The service provider is not liable for any damages or loss that occurred due to unauthorized usage of your account. If your account has been used by someone else or you are aware of any security breaches affecting your account – you are required to inform us of such activity ASAP.
Your email address (which you have provided to the service provider when creating your account), may be used to send you updates in regards to the delivery of the service, service updates, important legal updates/notices, Felix New Newsletter (by signing up you consent to being placed on the Felix New Newsletter), marketing activities. In some cases, we may also share your e-mail with third parties (e.g. delivery companies to send your order/or third-party products).
You can unsubscribe from non-essential emails by sending an e-mail to firstname.lastname@example.org. Unsubscribing may impact the quality of the service you receive, and you may miss out on important update notices or exclusive deals.
7. CONFIDENTIALITY AGREEMENT
The USER will keep all confidential information that they gain access to by using this service, as confidential (including but not limited to: relating to the service provider or other users). The USER may not disclose such information to anyone who is not a party to this AGREEMENT, unless required by law. USERS must act with a reasonable degree of care to ensure that confidential information is not distributed or gained access to by unauthorised actors. If any unauthorized activity is discovered, the USER must contact the SERVICE PROVIDER or law enforcement (if required) ASAP.
Protecting your privacy is of the highest priority to us. We assume that as you are providing personal information/personally identifiable information to us via. our website or service, you consent to the collection, transferring, and processing locally and globally (within nations and across all nations and territories) of your data.
9. CANCELLATION /TERMINATION
Felix New or an employee of Felix New Media retains the right at all times to terminate access without the need for justification or prior notice. By signing up for the service you agree to these terms. Once cancelled we are under no obligation to recover your account at any time. If you wish to sign up again, you will need to create a new account. Contact email@example.com if you need further assistance.
10. REFUND POLICY
If you are a PAYING USER, FelixNew.com offers a 14-day full money-back guarantee (if you are unsatisfied with your purchase). This only applies to PAYING USERS and can be terminated at any time even during your 14-day period. If the refund policy has changed (e.g. reduce time period for refund or no refund offered), by signing up to this service, you agree to accept these potential changes even if it affects your ability to receive a refund.
If you are submitting a request for a refund, this must be made PRIOR to the 14 days to receive a refund and to avoid billing for the next month.
If the content does not load on your computer (e.g. due to browser or software issues), the service provider is not required to offer you a refund. Please email firstname.lastname@example.org if you require technical assistance to set up your account or playback content etc. If you fail to load the content and you would like a refund, you can, however, do so if this is within the 14-day refund period and the 14-day refund period is still active and applicable to your subscription.
11. RESOURCES/CONTENT RULES/COPYRIGHT/IP
You are NOT allowed to SHARE OR SELL the content from FelixNew.com/Innerpeacechallenge.com or any sub-domains on any platform or to any third-parties (including but not limited to: videos, music, audio, guided meditations, books, Pdfs, articles, logos, graphics), unless you have received permission by Felix New or an employee of Felix New Media. There are some exceptions of fair use for content in the public domain e.g. public videos on YouTube (not those ‘unlisted’). The content provided by this website and service is protected under international COPYRIGHT law.
Certain resources such as, but not limited to: videos, pdfs, ebooks, journals, music (mp3s/wavs) are sometimes offered by Felix New FREE of charge. These products are governed by COPYRIGHT and Felix New (and any sub-contractors, licensors, collaborators, freelancers, producers) retain 100% of all rights to the content unless stated otherwise. You DO NOT have any commercial rights to the content by creating an account, paying the fee for the Inner Peace Challenge, downloading the content or attaining a copy/access by any means.
You are allowed to store copies of FREE or purchased content for personal use on your phone or PC (although you may be asked to delete these at any time). The intent here is for you to use the content offline.
The Service provider retains the right at all times to change, delete, adapt, alter, edit, replace, move, permanently delete content WITHOUT notifying you and WITHOUT obtaining consent. Comment sections or discussions can be terminated at any time WITHOUT notifying you and WITHOUT obtaining consent.
The features of our products and content you can access/purchase are under no warranty to be accurate, without error, without fault in service delivery or up-to-date.
12. USER GENERATED CONTENT
ANY content you post on the website/social media platforms (including but not limited to pictures, ideas, audio-visual content, comments), or you send to us for promotional activity/feedback (see section 12.1. below) - you grant us a non-exclusive, irrevocable, transferable, royalty-free and spanning world-wide (sub-licensable) license to use (in part or full), change (in terms of translation or any form of adaptation), copy, sell, store, re-format, archive, broadcast and give us the right to share in all forms/platforms publicly. All user-generated content shall be considered non-proprietary and non-confidential. All copyright you own in the user-generated content shall remain yours. The website and service provider, are hereby granted the right to freely use any user-generated content for all purposes including but not limited to: product development/delivery, promotion, sales & marketing. Regardless of the importance, the user content has to the product (e.g. the product strongly relying on the user-generated content).
You also permit us to publish personal identifiers such as but not limited to: your name, picture, age, profession, location, social media information e.g. account name – in ANY CHANNEL (now known or developed after entering into this agreement). You or any other party linked to you, do not have the right to claim any royalties/compensation or expect to be involved in the approval of our publishing/sharing/distributing etc. of user-generated content, regardless if you are featured in the content or not.
At no time is the website and service provider expected to monitor or reply to user-generated content. At no time is the website and service provider required to use user-generated content. We can cancel and remove, edit or decide not to approve/post any user content at any time with no need for justification. We are not responsible for storing user-generated content. It is your responsibility to keep back-ups or copies.
A few more important points regarding the content you share via. this service or with Felix New/Felix New Media.
1. All content you post is your sole responsibility.
2. Felix New/Felix New Media have no responsibility to conduct screening or monitoring of user-generated content
3. By posting, you warrant that you have all rights to the content and can enter into these terms and grant the required license to us.
4. If others (and their personal identifiers/contact information) or the work of others appear in the content you post, you have obtained the right from them to use this content, and they have consented for you to share personal identifiers with us, which we have the rights to share etc. in accordance with the license mentioned in this section of the AGREEMENT.
5. We will not be liable for fees required by third parties to post/share/sell etc. any user-generated content you have provided to us. We will not be liable for any breach of IP, copyright, contracts, privacy or any rights resulting from the content you have shared. This is your sole responsibility and duty.
6. You acknowledge that the content you post must not be misleading, DO NOT contain anything damaging e.g. viruses, hateful comments etc. (please see our restriction section in this AGREEMENT)
7. When requested, you agree to comply with the website and SERVICE PROVIDER to provide all necessary documentation to investigate your compliance with these terms.
8. Felix New, Felix New Media and any licensor/licensees/collaborator/linked parties and companies (and their employees) shall be indemnified and defended and not held responsible from and against any claims, losses, costs/debts, legal fees etc. which arise from the use of the Website/Service and/or breach of the rights of a third party or any law. You agree to defend, indemnify and hold Felix New, Felix New Media, and affiliated companies (and their employees) harmless from ALL liabilities, expenses (including fees for an attorney). Even if someone else does this in your name. This indemnification also applies.
9. We can delete any and all user content at all times for ANY reason at our sole discretion.
Felix New and Felix New Media do not endorse any user-content or opinions from YOU, other USERS or any third-party. You take on FULL LEGAL responsibility and liability for the content you share/post, your actions, any disputes arising between you and other parties using the service (e.g other users). Felix New and Felix New Media (and any employees/directors) will not be liable for ANY claims or damages of ANY nature. The Website and SERVICE PROVIDER will not be liable for the actions of third-parties relating to user-generated content.
12.1 TESTIMONIALS & FEEDBACK
You may be invited to or decide to provide testimonials or feedback. You agree that this will be given for free as unsolicited and without any obligation for Felix New or Felix New Media to reimburse you or restrict use of such comment/ideas/experience reports. You also permit us to publish personal identifiers such as but not limited to: your name, picture, age, profession, location. This can be published publicly unless you explicitly ask for us not to do so at the time of sending it to us.
If you would like any testimonials removed after they are live, please contact email@example.com with your reason and we will aim to remove the content if a reasonable agreement can be reached. Under no circumstances are we required to remove the content as you have permitted us to use it in all capacities by submitting it without mention of desired restricted usage and by acceptance of this AGREEMENT.
13. SAFTEY & SECURITY
Please also be aware that although felixnew.com/innerpeacechallenge.com tries to take all necessary measures to protect you with a secure connection and practises, the internet is never a fully safe place for your personal information. Please do not send sensitive information (credit card details etc) via the contact form or email, as others could potentially access these.
The SERVICE PROVIDER strives to protect the security and integrity of sensitive personal information provided through this website, due to the inherent nature of the internet as an open global communications vehicle, we cannot guarantee 100% that information during transmission through the internet or while stored in our system or otherwise in our care, will be safe from intrusion by others. We will not be liable for mistakes by or unauthorized access gained by third parties. If we believe that you have been the victim of such mistake or unauthorized contact, we will contact you via. the personal information you have provided. By using this website and felixnew.com services, you agree to these terms. In the event of data breaches, we will report this to authorities within 72 hours. YOU AGREE THAT YOU PROVIDE YOUR PERSONAL INFORMATION AT YOUR OWN RISK.
14. INDEMNIFICATION/LIMITED LIABILITY
Felix New, Felix New Media and any licensor/collaborator/linked parties and companies (and their employees) shall be indemnified and defended and not held responsible from and against any claims, losses, costs/debts, legal fees etc. which arise from the use of the Website/Service. Felix New or any linked parties shall not be liable for any losses/damages (direct/indirect/negligence) caused by the use/inability to use of the services/products provided by Felix New/Felix New Media (or linked parties). You agree to defend, indemnify and hold Felix New, Felix New Media, and affiliated companies/parties (and their employees) harmless from ALL liabilities, expenses (including fees for an attorney) - resulting of your improper use of this service and breach of any terms of this AGREEMENT.
Except as required by law, the MEMBERSHIP PROVIDER shall not be liable for any of the following:
a.) Any indirect, consequential or special losses or damages.
b.) Your wilfully conducted misconduct.
c.) Use of your account by another party in ways that are (but not limited to), harmful and dangerous to you or the service provided.
d.) Any loss of profit, contracts, data, goodwill, opportunities of commercial or non-commercial nature, anticipated savings, business, revenue (even if SERVICE PROVIDER has been advised of such potential damages)
e.) Your violation of any third-party rights
f.) Your breaching of laws, rules, and regulations.
g.) For user-generated content submitted via. your account.
Nothing in these terms and conditions will operate to exclude or restrict our or your liability for fraud, death or personal injury as a result of negligence. Both parties shall not exclude or restrict any liabilities in ways not permitted under applicable law. We will not be liable for losses occurring as a result of events that are beyond the scope of our reasonable control. We will not be liable for any losses or damages regardless if in contract, tort (e.g. negligence) or other interaction with or inability to use our services.
Under NO circumstances, shall Felix New and Felix New Media (and employees, licensors, affiliates and linked parties) be liable to you for ANY claims, losses, damages, liabilities, or costs of ANY nature which are more than the amount paid to the WEBSITE/SERVICE PROVIDER or £100 – whichever of the two is greater.
This service operates from and has its base in the UNITED KINGDOM (UK). No guarantee is given by the MEMBERSHIP PROVIDER that the service can be accessed or is appropriate in your or any other location. ANYONE who uses this service does so at their own risk and responsibility, including compliance with all national, local and international laws. All content and material is created for individuals and entities located in the UNITED KINGDOM unless expressed otherwise. Users from other countries (unless banned by the UK), may consume and purchase the membership, however users are solely responsible for compliance with important/export rules and laws in their jurisdiction.
Important notice: You are using this service at your own risk! Felix New or linked parties make no warranties. You agree NOT to interpreter the information provided by this website and services as medical, legal, financial advice, any form of treatment, cure or diagnosis.
Further Note: if your jurisdiction does not include exclusion of specific warranties/liabilities, then certain points may not apply to you specifically.
15. HEALTH DISCLAIMERS
1.) As mentioned above, our service is not medical advice and does not provide: diagnosis, treatment or cure.
2.) Meditation or meditation music can lead to a hypnotic state. Consult your doctor if you are unsure of the potential effect this might have on you and do not listen to these tracks if you are required to be in a state of full attention e.g. driving or at work.
3.) Be careful with meditation music and flashing images if you have epilepsy. Please consult us before about the suitability of our content before consuming any content. We will advise you about the suitability of our product to the best of our knowledge, but please consult a doctor to be sure.
16. WARRANTY & THIRD-PARTY WEBSITES
You use the service provided at your own risk. The nature of the service provided is ‘as is’ and ‘as available’ - for your use. No warranties are given (neither expressed or implied), INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR NONINFRINGEMENT. Information and advice given by Felix New or Felix New Media will not create any warranties unless CLEARLY stated within such communication.
No promises are made about achieving desired results using the service/any content provided by Felix New or linked parties. The service is not guaranteed to be secure or run smoothly. We DON’T warrant that the content is true, accurate, correct, meets your expectations, is free from errors, that errors are corrected, that the service is available when and where required. Disturbances/Viruses can always occur. We aim to correct this as soon as possible, but this does not present any liability on behalf of Felix New or linked parties. Anything your download is at your own risk. You will be solely responsible to damages incurred to your devices (including but not limited to loss of data).
Note: if your jurisdiction does not include exclusion of specific warranties/liabilities, then certain points may not apply to you specifically.
We retain the right to change/update these terms at any time. You will be notified about substantial changes. By using the service, you agree to any revisions. If you do not agree with any revisions, you MAY NOT continue using the services provided by FelixNew.com, Innerpeacechallenge.com and Felix New Media.
16.1 THIRD PARTY WEBSITES
Links or ‘shout-outs’ to third party sites will occur. We try to show love/support when we can and where we feel is applicable. These services are not always managed by Felix New, therefore terms of the given sites/services apply. We take care to only include safe webpages and legitimate content, but it is your responsibility to safeguard on the internet and read any given terms carefully.
Felix New & Felix New Media, do not warrant, endorse, or take responsibility for products/websites/services of third parties accessed through hyperlinks or other means. Any interaction/purchase is entirely between the USER and the third party.
You agree that Felix New cannot be liable for direct or indirect loss/damage - alleged loss/damage resulting from the use of third-party websites/services/content.
Any intellectual property rights of third party content/products remain the right of such parties and neither party to this AGREEMENT shall have intellectual property rights to such content - unless an AGREEMENT exists between any of the parties of this AGREEMENT and the respective third party.
The USER agrees that the SERVICE PROVIDER is not required to provide any support for – (not limited to): technical issues such as setting up the account, playing back of content etc. The Service PROVIDER is at no time required to support the USER in the application of the content provided by the service. The SERVICE PROVIDER may, however, choose to provide technical support where is seen as applicable by his sole discretion. The SERVICE PROVIDER may offer additional coaching calls for a FEE to assist the USER on their journey, however, access to this service is also at the sole discretion of the SERVICE PROVIDER and can be revoked/withheld from any USER at any time with no explanation required. Coaching calls are subject to additional terms and conditions (see Inner Peace Challenge Coaching Agreement).
If any dispute is to occur between you and the website/service provider, you agree to contact us at firstname.lastname@example.org first attempt to reach an informal solution.
If an agreement can’t be reached after 60 days, you and Felix New/Felix New Media, agree to resolve the dispute by arbitration by a single arbitrator. The single arbitrator is to be chosen by Felix New/Felix New Media. The arbitration shall be in the English language and seated in England. The proceedings produced during the arbitration shall determine how the parties shall share the costs of the arbitration. Felix New/Felix New Media, can always seek injunctive or equitable relief via. courts to protect their rights (including but not limited to; infringement to IP rights, violating data security or further proprietary rights).
19. CLASS ACTION & JURY TRIAL WAIVER
All claims must be made by individuals and NOT in ANY form of class action, private attorney, collective action, representative proceedings. With the notice of this waiver, you agree to waive the right to trial by jury or to participate in the aforementioned actions of ANY kind.
If any part of these terms is not enforceable under your jurisdiction or any law, this shall NOT invalid the AGREEMENT as a whole. All other parts remain fully applicable.
FelixNew.com and Felix New Media, can choose to subcontract, assign, or transfer their rights and obligations detailed in this AGREEMENT at any time without notifying you or gaining approval from you. You may NOT choose to subcontract, assign or transfer your rights and obligations detailed in this AGREEMENT.
22. ENTIRE AGREEMENT
23. GOVERNING LAW
This AGREEMENT (& all non-contractual obligations linked to it) is governed by the law of England and Wales whose Courts are attributed exclusive jurisdiction to resolve any disputes.
23. CONTACT US
If you have any questions about this AGREEMENT or would like to contact us to settle an issue personally. You can contact us here: email@example.com