THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND RIVER BEACH LIMITED (“WE,” “US”) AND GOVERN YOUR USE OF FROM DUSK TILL DAWN (THE "PROGRAM"). BY USING ANY OR ALL PARTS OF THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. 

 

1. ACCESS & USE 

(a) River Beach Limited grants you (as a student) a limited, non-exclusive, non-transferrable, non-exchangeable revocable license to access and use the Program subject to payment, where applicable, solely for your personal (non-commercial) use, in accordance with these Terms. All other uses are expressly prohibited.  

(b) You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any access to or material from the Services unless we have given you explicit permission to do so in a written agreement signed by a River Beach Limited authorised representative. This also applies to content you can access via any of our APIs or other Sites controlled by us. 

 

2. PAYMENT 

(a) The price of one license to this Program is the amount stated on this checkout form at the date and time of your purchase. This figure is non-negotiable and may increase/decrease for future customers following your purchase. 

(b) You may purchase a license to this Program through a one-time payment or monthly instalments, as specified on the Site(s). When you submit this checkout form, you authorise River Beach Limited ("we", "us") to charge the credit or debit card you provide on a one-time or recurring basis until all instalments have been paid, depending on which payment option you elect. Unless you elect to pay the total amount upfront, your credit or debit card details will be stored on a secure server in order to automatically collect all instalments on or around the same date each month until all instalments have been paid. 

(c) You may be charged foreign or other transaction fees by your bank in connection with this purchase, and you agree that you will be responsible for any such charges. 

(d) [For payment plans only] 

(i) You acknowledge that the credit card(s) or payment method(s) you are using to make this purchase will be active, valid and have sufficient funds available during the entire term of the payback period.  

(ii) If for any reason your payment is declined, you will provide an alternative, valid payment method within seven (7) days of being notified by email of your failed payment. You understand that you may be assessed a late fee(s) and/or interest if a payment fails after this period for any reason whatsoever.  

(iii) River Beach Ltd reserves the right to report delinquent payments to credit agencies and collections agencies. You understand that this is a payment plan, not a subscription meaning you cannot cancel beyond the 48-hour cancellation period as outlined in 3a below. You are required by law to make all payments on the agreed-upon dates until all instalments have been paid. 

(iv) You acknowledge that you are able to make early repayment(s) without penalty. 

 

3. CANCELLATION; TERMINATION 

(a) You may cancel this transaction without penalty or obligation by submitting an email with a written notice to River Beach Limited ([email protected]) sent prior to midnight of the second business day after making your purchase and agreeing to these Terms. If you receive a refund for the Program, you will have no further right to access or use the Program and may not join any of the live Zoom calls even if you are in possession of the meeting ID or URL. You accept that no refunds will be offered beyond this 48-hour cancellation period. 

(b) If the Program is cancelled in its entirety due to any unforeseen circumstances, River Beach Limited has the sole and absolute right to: 
i) reschedule the Program, or 
ii) issue a partial/full refund, or 
iii) not issue any refunds. 
Please note that the decision of the issuer in such cases will be deemed final and binding. 

(c) If the Program is cancelled due to any factors or causes not in the control of River Beach Limited, we will offer a partial or full refund, or postpone the Program, or provide a comparable ‘make good’ option. If the Program has to be rescheduled to other dates, you will not be eligible for any refunds, exchanges, future credits, compensation or reimbursements. In the case the Program is fully cancelled, the refund, if issued, will include only the face value. You cannot, under any circumstances, claim refunds, compensation or reimbursement from us on processing fees, handling fees, and such other charges. 

(d) Extenuating circumstances will be reviewed individually, and your access and use of the Program may be deferred, or an alternative solution of the same value provided however this is not guaranteed. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a deferral or exchange. For the avoidance of doubt, unless you are eligible to receive one of these, as provided herein, your obligation to continue to make all instalments (where applicable) with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for this Program. If you receive a deferral or exchange for the Program, you will have no further right to participate in this Program’s cohort and are committed to the solution you have agreed to. From this point you will not be eligible for a refund, exchange, future credits, compensation, reimbursement or further deferral or exchange. 

(e) We reserve the right to cancel this Agreement for any reason. Possible reasons for cancellation include but are not limited to the following: fraudulent or potentially fraudulent orders, incorrect pricing or non-payment. 

(f) Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Program, in whole or in part, without providing any refund, exchange, future credits, compensation or reimbursement, or cancelling your obligation to make instalment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms, or that you have demonstrated abuse towards our team and/or community members. 

(g) You will be given a Lifetime Access license to the Program video recordings when you purchase the Program. However, we reserve the right to revoke any license to access and use this content at any point in time in the event where we decide or are obligated to disable access to the Program due to legal or policy reasons, for example, if the Program you enrolled in is the object of a copyright complaint, or if we determine the content violates our Terms. Lifetime Access is for the lifetime of the Program. 

(h) If for any reason, we should dissolve or cease to exist, then your access to the Program terminates. 

 

4. YOUR CONDUCT 

You agree that you will not: 

(i) use the Program in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Program; or (h) would otherwise be reasonably deemed objectionable under the circumstances; 

(ii) violate any guidelines applicable to use of the Program or interfere with, impair or disrupt the ability of others to use such Program; 

(iii) use the Program so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information; 

(iv) violate or attempt to violate the security of the Program; 

(v) reverse engineer, decompile or disassemble any portion of the Program; 

(vi) “scrape” information from the Program by automated means; 

(i) interfere with the ability of others or permit any unauthorised access to or use of the Program that you have licensed or to any password applicable to your account for the Program; 

(vii) reproduce, modify, display, transmit, assign, broadcast, rent, lend, adapt, edit, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, exploit, sublicense, create derivative works of, or otherwise transfer or use any access to or material from any part of the Program, in whole or in part, unless we have given you explicit permission to do so in a written agreement signed by a River Beach Limited authorised representative. This also applies to content you can access via any of our APIs or sites controlled by us. 

 

5. PROPRIETARY RIGHTS 

As between you and us, we own the Program and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Program. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Program. Without limitation of the foregoing, the Program contains proprietary material of River Beach Limited, which is protected by copyright and other laws respecting proprietary rights. The Program is also protected by copyright as a collective work and/or compilation, pursuant to UK copyright laws, international conventions, and other copyright laws. River Beach Limited retains all rights in the Program, including all copyright and other proprietary rights worldwide in all media. You may not use the Program except as expressly permitted under these Terms. 

 

6. REPRESENTATIONS & WARRANTIES 

You represent and warrant that you are at least eighteen (18) years old.  

 

7. INDEMNITY 

You agree to indemnify, defend and hold harmless River Beach Limited and its affiliates, and all officers, directors, employees, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all demands, suits, losses, expenses, damages, liabilities, costs, judgements, including reasonable legal fees, sustained by the Indemnified Parties in connection with any claim arising out of your use of the Program or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defence of any such claim. You will not hold River Beach Limited or its Coaches or other employees responsible for any negligent actions or adverse results, whether known or unknown, that you may incur or suffer as a result of the Program. River Beach Limited reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you. 

 

8. DISCLAIMERS; LIMITATIONS OF LIABILITY 

(a) You assume all responsibility and risk for your use of the Program. The Program are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. 

(b) While we make good faith efforts to include substantially accurate information in the Program, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Program, that the Program will meet your requirements, or as to the results that will be derived from using any of the information included in the Program. Past performance is no guarantee of future results. 

(c) In no event shall River Beach Limited or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the Program. Our liability for any direct damages shall be limited to the amount of fees you have paid for the program giving rise to such liability. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, River Beach Limited’s maximum liability for any type of damages shall be limited to one thousand British Pounds (£1000) only. 

(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Program, including without limitation any decision made or action taken by you in reliance upon the Program. You accept that River Beach Limited coaches are not financial advisors, brokers or dealers. The Program shall not constitute or be construed as a recommendation, solicitation, offer or opinion by River Beach Limited or our coaches, affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. 

(e) You assume all responsibility and risk for your use of the Program. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Program. You are responsible for your own experience and your own self-care. River Beach Limited as an organisation offers educational services and psychological interventions including but not limited to one-to-one and group coaching sessions and live and on-demand content for your planning, education and motivation. River Beach Limited represents, and by signing this Agreement, you acknowledge that you understand and agree that this Program is not psychological counselling, relationship counselling, financial advising, estate planning nor any other type of counselling or therapy sessions. None of the information provided in connection with the Program shall be construed to constitute medical, financial or accounting, legal or other professional advice or therapy; it is your responsibility to consult with an appropriate licensed professional if you seek any such advice. River Beach Limited is not responsible whatsoever for any health issues (including but not limited to emotional, mental, psychological, physical, physiological, social, relational, spiritual, cultural, occupational, vocational, financial, environmental, intellectual). All coaching interventions are clinically supervised to maintain best practice. 
 

9. LAW; JURISDICTION 

These Terms shall be governed by the laws of the United Kingdom without giving effect to the principles of conflict of laws. You and we agree that any action or dispute between us will be resolved exclusively by arbitration in the United Kingdom. 

 

10. PRIVACY & CONFIDENTIALITY 

(a) All information disclosed during the Program, including written notes, remains strictly confidential. Personal information will not be disclosed without your consent unless required by law. 

(b) From time to time the Program may be monitored or recorded as part of our ongoing quality process and training for our coaches.  

(c) We will always comply with the United Kingdom Data Protection Act and the General Data Protection Regulation (GDPR). Your use of the Program is subject to our Privacy Policy, which is incorporated into these Terms. By using any part of the Program, you acknowledge and consent to our collection and use of information as set forth in the privacy policy. 

 

11. CHANGES 

(a) We may modify these Terms at any time by informing you of changes via email; however, (i) these changes will only become effective and binding with respect to you after we provide written notice via email that these Terms have changed and you first use any part of the Program following the date of such notice, (ii) the changes will only apply with respect to your use of the Program after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Program. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Program. 

(b) We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Program at any time, including the availability of any feature or content. This includes changing the delivery format (for example, from live to pre-recorded content or vice versa), changing the platform(s) the sessions are hosted on (for example, from Zoom to Microsoft Teams or from Kajabi to another course platform) and bringing in a different River Beach Limited coach whom is also able to deliver the Program with reasonable care and skill, and is clinically supervised. All advertising and marketing material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by these Terms. 

 

12. LINKS 

The Program may contain or recommend links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters. 

 

13. MISCELLANEOUS 

(a) No joint venture, partnership, employment or agency relationship exists between you and River Beach Limited as a result of these Terms or your use of the Program. 

(b) These Terms shall be effective as of the date accepted by you. These Terms represent the entire Agreement between you and River Beach Limited with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Program.  

(c) River Beach Limited may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, River Beach Limited shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.  

(d) The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to River Beach Limited. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organisation or legal entity that you represent, if you are entering into these terms on behalf of such organisation or entity.  

(e) Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with River Beach Limited. Notices to us shall be sent by email to [email protected] or in writing to River Beach Limited, 55 Loudoun Road, London, United Kingdom, NW8 0DL.