Terms and Conditions

Overview
The terms “we”, “us”, “our”, “BL” and “Bettylou” refers to Louise Miller, trading as Bettylou. The term the “Site” refers to www.bettylouonline.com and all sites connected with Bettylou. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Bettylou provides a website where users can read articles on productivity and a service where users may purchase online courses, classes, workshops, subscriptions and products related to productivity (the “Service”).

Use of bettylouonline.com, including all materials presented herein and all online services provided by Bettylou (“BL”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site & Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to productivity and other information are subject to change. BL makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. BL disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Account Creation
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to BL will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.

Lawful Purposes
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service
BL reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. BL reserves the right to limit the number of participants in any given online course, class, workshop or membership. BL may at any time change or discontinue any aspect or feature of the Site or Service.

Order Confirmation
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We’d hate for you to be left scratching your head wondering what happened.

If you’ve signed up for Make It Happen Club, your initial membership is for twelve months and your debit or credit card will be charged fees stated at the time of purchase. You will then be invited to renew for a rolling membership. Should you wish to remain in the club at that point, your subscription will renew automatically and your debit or credit card will be charged fees stated at the time of purchase.

If you have signed up for an online class, course or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.

If you have submitted a deposit or payment in full for a service, BL has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.

Cancellations, Refunds & Returns
All digital product sales are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered. If you’re unsure about whether or not something would be a good fit for you, absolutely email us to louise@bettylouonline.com and ask all the questions you’d like, and have a look around the blog first, to make sure you and Bettylou are a match made in heaven.

Pre-order items, on the other hand, are 100% refundable up and until the product delivery date (for courses, this means up and until the first piece of course content is delivered).

Your initial twelve-month membership of the Make It Happen Club is non-refundable. However, a guarantee is provided during the first month of membership: if after attending your first live planning session you decide the Club is not for you, email louise@bettylouonline.com within 7 days and a refund will be arranged and your membership cancelled.

You can leave the Club at any time during the first three months by sending an email to louise@bettylouonline.com, and your membership and all future payments will be cancelled.

If after twelve months you choose to extend your membership by signing up to a rolling subscription, you may cancel anytime by sending an email to louise@bettylouonline.com, and you will not be charged effective the following billing period; however, no refunds for past months will be given. (Note: requests for cancellation of Make It Happen Club subscriptions will be processed immediately, not on the next scheduled billing date.)

Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we are human and mistakes sometimes slip through the net. We reserve the right to refuse or cancel any order with an incorrect price listing.

Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify BL from any claim against BL resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. 

BL reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions. 

Intellectual Property Rights to Your Materials
BL does not claim ownership of Material you supply to BL. However, the act of posting Material to the site conveys an irrevocable, worldwide license to BL to use and distribute the posted Material in connection with BL’s website and any related BL publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to BL, you agree to hold BL harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. 

Our Intellectual Property
All content provided on the Site and in the Service are the intellectual property of BL and are protected by copyright laws and treaties around the world. All such rights are reserved. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, BL is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if BL has been advised of the possibility of or could have foreseen the damages. Our liability is limited to the fullest possible extent permitted by law. In no event shall BL’s cumulative liability to you exceed the total purchase price of the Service you have purchased from BL, and if no purchase has been made by you BL’s cumulative liability to you shall not exceed £100.

Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HOM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. 

Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Waiver
No waiver of any of the provisions of this Agreement by BL shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by BL.

Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Governing Law; Venue; Mediation
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its choice-of-law or conflict-of-law provisions.           

The Parties agree that, prior to filing a lawsuit with respect to any dispute, controversy, or claim concerning this Agreement (collectively and individually, “Dispute”), they will make a good faith attempt to resolve the Dispute, in writing, within 30 business days. If no resolution can be determined, the parties will submit the Dispute to mediation, the procedure for which shall be mutually agreed upon by the Parties (“Mediation”). The Parties agree to share equally any costs or fees resulting from engagement of a mediator and or the hiring of an appropriate forum for the Mediation. The Parties agree to pay their own individual expenses incurred in the Mediation (including, without limitation, the cost of each Party's independent counsel or other representative(s)). Should such Mediation fail, the Parties agree that the exclusive venue for any unresolved Dispute is an appropriate court located within the United Kingdom.

Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Phew! You made it. Now go get yourself some chocolate. You deserve it.

Updated: May 2023