Build Your Business Your Way

Terms and Conditions

1. Introduction

1.1. These terms and conditions confirm the basis on which we supply the Build Your Business Your Way Programme ("the Programme") to you, the person purchasing the Programme ("You").

1.2. Please read these Terms and Conditions carefully before placing your order. By placing your order you are agreeing to be bound by these Terms and Conditions. Should you not wish to be bound by these Terms and Conditions you should not proceed with any order.

2. The Programme

2.1. The Programme shall be delivered in accordance with the details set out in Schedule 1.

2.2. The total cost of the Programme ("the Fee") is set out in Schedule 1.

2.3. The Programme is delivered online via Zoom over six weeks. No alternative format or delivery method will be provided.

2.4. Any information, support, materials or guidance provided as part of the Programme are intended for a group audience and should not be relied upon as personal advice unless we expressly state otherwise. Nothing within the Programme constitutes legal or financial advice.

2.5. Your purchase and access to the Programme is personal to you. You agree that you will not share or disclose your access to the Programme, or your password to any private area, with any third party, or sell, licence or otherwise assign your rights in relation to the Programme.

3. What We Expect From You

3.1. When you purchase the Programme, you confirm that you are over 18, that you are legally capable of entering into a binding contract and that all information you provide to us is true and accurate.

3.2. As part of the Programme you will have access to live sessions delivered via Zoom ("the Sessions"). Dates and times will be notified to you by email and by posting in the private Facebook group. It is your responsibility to attend the Sessions as arranged and to participate fully and communicate openly and honestly. No alternative or replacement dates or times will be offered if you are unable to attend for any reason.

3.3. All communication between us will be via electronic means. We will contact you using the email address you provide and it is your responsibility to notify us if that changes. You can contact us at kezia@kezialuckett.com.

3.4. You agree to treat our systems and processes with respect and not to take any action which seeks to disable, interfere with or test the vulnerability of any of our systems or processes.

4. Accessing the Programme

4.1. Where the Programme includes access to a private area or requires you to set up an account, it is your responsibility to provide the correct information, keep your password or access information private and secure, and notify us immediately if you become aware or suspect that a third party has access to your login details.

4.2. If you experience a fault or technical issue with the Programme please notify us immediately at kezia@kezialuckett.com. We will use our best endeavours to remedy the fault as quickly as possible. Where a technical fault is caused by us and prevents you from accessing a material part of the Programme, we will use reasonable endeavours to provide an alternative means of access or a replacement session. No refund will be provided in respect of technical faults except where required by your statutory rights as a consumer under applicable UK law.

5. Accessing Interactive Sessions and Groups

5.1. We ask that you conduct yourself in a reasonable and responsible manner at all times when accessing the Programme, including any Sessions and any private Facebook groups or other online groups ("Groups"), and that you do not act in a manner which may cause offence, distress or alarm to any other Programme participant.

5.2. When you access any of our Groups or Sessions, you agree:

5.2.1. to respect the privacy and confidentiality of other Programme participants and not to share information shared by another participant, whether expressed to be confidential or not;

5.2.2. not to record any Sessions for personal use or otherwise;

5.2.3. not to capture or share images of any other Programme participant without that individual's express permission;

5.2.4. not to use those Groups or Sessions for any unlawful purpose;

5.2.5. not to upload, post, transmit or otherwise make available content that infringes intellectual property rights belonging to us or any other person; is defamatory, libellous, obscene or demeaning; discloses personal, confidential or sensitive information about another person; is threatening or causes another individual to feel harassed or in fear; or constitutes spam.

5.3. In the event you are deemed by us to have acted in a way which is disruptive or which causes offence, distress or alarm, you will be excluded from the Group or Session and removed from any or all supporting online platforms. We will arrange a meeting with you to discuss the matter and determine whether removal and exclusion should be permanent. Such decision shall be at our absolute discretion.

5.4. Should you become aware of any inappropriate behaviour, comments or content within any of our Groups or Sessions, you agree to notify us as soon as possible.

6. Safe Use of the Programme

6.1. The Programme is designed to provide you with information, materials and skills to support you within your business. If you are currently seeking medical or other professional help concerning your mental health, or if you are unsure as to your mental capacity to use the Programme, you should seek advice from a relevant medical professional and inform us if appropriate.

6.2. During your use of the Programme you may be inspired to make changes to your business. We are not responsible for those changes. By participating in the Programme you confirm that you are mentally well enough to do so and that you understand you are personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your participation.

6.3. Any reviews, decisions, actions or implementations you undertake as a result of your participation in the Programme are your sole responsibility. We shall not be liable for your failure to make decisions, take action or for any results, whether direct or indirect, arising from your access to or use of the Programme.

7. Your Purchase of the Programme

7.1. Your purchase of the Programme is a contractual offer made by you that we may choose to accept. A legally binding agreement between us is formed when we send you our Welcome Email. Our email acknowledgement of your order is not our acceptance.

7.2. If your order is not accepted, we will notify you by email and provide a full refund.

8. Our Obligations

8.1. When delivering the Programme we will do so with reasonable care and skill consistent with best practices and standards applicable within our marketplace.

8.2. We will use our reasonable endeavours to deliver the Programme within the timescale set out in Schedule 1, however time shall not be of the essence, and to ensure that all descriptions of the Programme correspond to the Programme we deliver.

8.3. We reserve the right to make reasonable changes to the Programme without notice. Where changes are made we will ensure the Programme still matches the original description, except where the change enhances it. We shall not be liable for any reasonable changes or cancellations made to the Programme.

8.4. The Programme is provided on an as-is and as-available basis. We shall not be liable for any lack of accessibility caused by routine or unexpected maintenance.

8.5. In delivering the Programme we may engage the services of employees, contractors and other third-party providers as we deem necessary.

9. Payment Terms

9.1. The Fee is as set out in Schedule 1 and shall be paid in pounds sterling via Stripe only.

9.2. Time for payment shall be of the essence. Cleared payment must be received before access to the Programme is granted.

9.3. Where you make payment by credit or debit card you authorise us to charge your card for the Fee. In the event payment is rejected but access to the Programme has been provided, you agree to make payment within 7 days.

9.4. Where payment by instalments is agreed, each instalment must be paid on the date it falls due. Each instalment received will be credited to the outstanding Fee until paid in full.

9.5. The Fee is based on our knowledge, experience and the time and effort involved in delivering the Programme and is not based on your actual usage or attendance. You acknowledge that you shall not be entitled to any credit or deduction from the Fee for non-attendance or lack of usage, and that the Fee is payable in full.

9.6. We reserve the right to change the Fee at any time. Any changes will not affect the price where payment has already been made and a Welcome Email has been sent.

10. Late Payment

10.1. If payment is beyond 7 days overdue we shall be entitled to withdraw your access to the Programme, including access to Sessions and Groups, until payment is received.

10.2. If payment is beyond 30 days overdue we shall be entitled to terminate our arrangement and instruct a collection or legal agent to seek recovery of the Fee together with interest and any accrued costs.

11. Refund Policy

11.1. If you wish to cancel your purchase before the first session of the Programme has taken place, you may do so by emailing kezia@kezialuckett.com. We will provide a full refund of the Fee paid, minus any Stripe transaction fees, within 14 days of receiving your cancellation request.

11.2. Once the first session of the Programme has taken place, no refund will be provided under any circumstances, regardless of whether you attended that session or any subsequent session.

11.3. No refunds will be provided for non-attendance, partial attendance or failure to engage with the Programme.

11.4. For VIP participants, the private one-to-one sessions are non-refundable once booked and confirmed.

11.5. No refund will be provided in respect of technical faults except where required by your statutory rights as a consumer under applicable UK law as set out in clause 4.2.

11.6. No chargeback or threatened chargeback claims will be accepted once the first session has taken place. If you have concerns about the Programme you agree to contact us at kezia@kezialuckett.com before pursuing any chargeback claim. If you choose to pursue a chargeback claim without first contacting us, you accept that this constitutes a breach of this Agreement and you shall indemnify us for any charges, costs or fees imposed on us as a result, together with our reasonable costs for dealing with the matter calculated at £100 per hour.

12. Cancellation and Termination

12.1. You may cancel your access to the Programme by providing notice to us by email to kezia@kezialuckett.com. In accordance with clause 11, despite cancellation, you will not be entitled to a refund unless the circumstances in clause 11.1 apply.

12.2. Upon cancellation or termination, all payments in respect of the Fee shall become immediately due and payable.

12.3. We shall be entitled to suspend and/or terminate our agreement with you with immediate effect and without refund of any Fee if we reasonably determine that you have:

12.3.1. committed a material breach of any of your obligations under these Terms and Conditions;

12.3.2. failed to make payment of any sum due to us;

12.3.3. become subject to a bankruptcy or similar financial order or proceedings;

12.3.4. acted dishonestly, fraudulently or in a way which may have a detrimental effect on our business or reputation;

12.3.5. failed to positively engage with the Programme or impaired its delivery;

12.3.6. acted in an abusive manner toward us or any Programme participant; or

12.3.7. failed to abide by any term of these Terms and Conditions.

12.4. Upon termination for any reason:

12.4.1. all clauses which by their nature extend beyond the delivery of the Programme shall remain in full force and effect;

12.4.2. you will immediately lose access to all Groups, Sessions and Content; and

12.4.3. you shall cease to use, directly or indirectly, any Content, Systems or Confidential Information received as part of the Programme and shall immediately return to us or destroy any documents, materials or resources containing any such Confidential Information.

13. Confidentiality

13.1. For the purposes of this Agreement, Confidential Information means ideas, know-how, business practices, client details, personal data, materials, coaching and psychology tools, business models, content, data, software, documents, resources, video and audio recordings, presentations, downloads, workbooks, methods, concepts and techniques, systems, plans, trade secrets and other confidential and proprietary information. It excludes any information already known to the receiving party before disclosure, or already in the public domain through no breach of this Agreement.

13.2. Where you disclose Confidential Information to us, we agree not to communicate, disclose or use it for our own purposes without your consent except as provided for in this Agreement.

13.3. Where we disclose Confidential Information to you, or where it is disclosed by a Programme participant, you agree that such Confidential Information belongs solely and exclusively to the person disclosing it and that you will not disclose, reproduce, distribute or use it for your own benefit, whether personally or commercially, directly or indirectly, or for any purpose which is unlawful or would cause harm to another person or damage to our business or reputation.

13.4. Our obligations of confidentiality shall not apply where disclosure is required in connection with legal proceedings, to obtain legal advice, or where directed by a court or other body of equivalent jurisdiction, or where we reasonably believe you are at risk of danger to yourself or others.

14. Intellectual Property

14.1. All content, materials, tools, frameworks, methodologies, systems, resources, workbooks, videos, audio recordings and any other materials provided as part of the Programme ("Content"), including without limitation the NeuroPositivity Profiler, the NeuroDynamics framework, the NeuroSignature system, the NeuroBusiness Capacities framework and all associated intellectual property ("our IP"), are and shall remain the sole and exclusive intellectual property of Insytte Institute and Kezia Luckett. Nothing in this Agreement transfers, assigns or licences any intellectual property rights to you except as expressly set out in clause 14.3.

14.2. Our IP has been developed through significant investment of time, expertise and resource. You acknowledge and agree that our IP is proprietary, confidential and of substantial commercial value, and that any unauthorised use, reproduction or disclosure would cause us serious and irreparable harm.

14.3. Subject to payment of the Fee in full, we grant you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use the Content solely for your own private and personal use in connection with the Programme. All other uses are strictly prohibited. This licence terminates automatically when your access to the Programme ends.

14.4. You agree that you shall not:

14.4.1. copy, reproduce, sell, licence, share, publish or distribute any of our Content or IP, whether during the Programme or at any time thereafter;

14.4.2. record any Sessions, webinars or events without our prior written consent;

14.4.3. use our IP to develop any competing product, service, programme or methodology; or

14.4.4. infringe any of our copyrights, trademarks, trade secrets or other intellectual property rights.

14.5. In the event of any breach of this clause 14, you shall immediately cease and desist the unauthorised use of our IP upon receipt of notice from us. You acknowledge that damages alone may be an insufficient remedy and that we shall be entitled to seek injunctive or other equitable relief. You shall indemnify and keep us fully indemnified for all damages, losses and costs sustained as a consequence of your breach of this clause.

14.6. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party's terms and you shall be responsible for seeking any necessary consent from that third party.

14.7. The provisions of this clause 14 shall survive termination of this Agreement for any reason.

15. Your Personal Data

15.1. Any personal data you provide to us will be maintained, stored and processed in accordance with applicable data protection legislation including the UK GDPR. We shall only process your personal data to the extent reasonably required to enable proper delivery of the Programme. For full details of how we process, use, collect and store your personal data please refer to our privacy notice at www.kezialuckett.com.

15.2. As part of the delivery of the Programme your image may be captured in photographs or screenshots by us or other Programme participants and shared on social media. By purchasing the Programme and agreeing to these Terms and Conditions you are providing your consent for your image to be used in this way. Should you wish to withdraw your consent you may do so by emailing kezia@kezialuckett.com.

15.3. The obligations in this clause shall not apply where disclosure is required in connection with legal proceedings, to obtain legal advice, or where directed by a court or other body of equivalent jurisdiction.

16. Reviews and Testimonials

16.1. If you share comments, content, photographs or images with us you are granting us permission, free of charge, to use that content in any way as part of our business, including in advertising and marketing.

16.2. When sharing such content you confirm that you have the legal right to share it and that it does not infringe any third party's intellectual property or other rights.

16.3. If you provide us with a testimonial or review, you consent to us exhibiting, publishing, distributing or using it, or any part of it, on our website, social media, email communications and advertising and marketing campaigns. You may withdraw your consent at any time by emailing kezia@kezialuckett.com.

16.4. These provisions shall survive termination.

17. Non-Solicitation

17.1. For the duration of your access to the Programme and for a period of 6 months afterwards you agree not to:

17.1.1. canvass, promote or advertise your products or services to any of our employees, contractors or Programme participants without our express consent;

17.1.2. solicit or attempt to solicit any Programme participant or prospective client without our express consent; or

17.1.3. employ, engage or attempt to solicit any of our employees or contractors without our prior written consent.

17.2. The provisions of this clause shall survive termination of this Agreement.

18. About Us

18.1. The Programme is delivered by Kezia Luckett, trading through Insytte Global Limited For all enquiries please contact kezia@kezialuckett.com.

18.2. Our registered business address is 167-169 Great Portland Street, 5th Floor, London W1W 5PF.

19. Third Party Services

19.1. Where the Programme includes access to services provided by third-party suppliers, those suppliers are independent contractors and are not our agents or employees. We shall use our reasonable endeavours to ensure that any information we provide from them is accurate, but we are unable to guarantee its accuracy or that it is free from errors or omissions.

19.2. Any access to products or services provided by a third-party supplier is at your own risk. We shall not be liable for any act, omission, error or negligence of any third-party supplier or for any damages or losses arising from your use of their products or services.

20. Liability

20.1. We warrant that the Programme will be delivered with reasonable care and skill, that the content will be of satisfactory quality and that it will correspond materially to the description provided on our website at the time of purchase.

20.2. Save for the warranty above, all warranties and representations are excluded to the fullest extent permitted by law.

20.3. We shall not be liable to you for any indirect, consequential or special damages, losses or costs; any failure to deliver the Programme where prevented by circumstances beyond our reasonable control; or any losses arising from your use of the Programme once delivered.

20.4. In the event you incur damages as a result of our failure to exercise reasonable skill and care, our entire liability is limited to the amount of the Fee paid by you at the time the loss is sustained.

20.5. Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

20.6. During the Programme and at any time thereafter you agree not to take any action intended or reasonably expected to harm us, our employees, contractors or Programme participants, or our reputation, or which would reasonably be expected to lead to unwanted or unfavourable publicity.

20.7. In the event a dispute arises which cannot be resolved by mutual consent, both parties agree to submit the matter for mediation by an independent mediator before commencing legal proceedings.

21. No Guarantee

21.1. The Programme provides you with information, tools and skills to support your business. Your success and any results are dependent on factors outside our control. We do not guarantee that any particular results or outcomes will be achieved.

21.2. Any testimonials or examples of results are not intended to represent or guarantee that anyone else will achieve the same or similar results.

22. General

22.1. No failure to enforce any provision of these Terms and Conditions shall constitute a waiver of any right.

22.2. Where any part of these Terms and Conditions is deemed invalid or unenforceable, that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

22.3. We shall not be liable for any delay or failure in delivery of the Programme caused by circumstances beyond our reasonable control, including but not limited to acts of god, extreme weather, disease, epidemic, pandemic, strike, industrial action, war, civil commotion, terrorist attack, or failure of third party systems or services. Where such an event occurs, delivery shall be extended until a reasonable time after the event and we will notify you of the nature of the event and the steps being taken to mitigate its impact.

22.4. If a force majeure event continues for longer than 3 months, either party may terminate this Agreement by providing 14 days written notice. Any refunds in such circumstances will be considered at our discretion.

22.5. This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

22.6. No representations have been made by us beyond those set out in this Agreement to induce you into purchasing the Programme. No modification to these Terms and Conditions shall be effective unless in writing and signed by both parties.

22.7. The Contracts (Rights of Third Parties) Act 1999 shall not apply save as provided for in clause 20.5.

Schedule 1: Programme Details

1. The Programme

1.1. Build Your Business Your Way is a six-week online group implementation programme delivered by Kezia Luckett, founder of the Insytte Institute.

1.2. The Programme is available at two levels:

Accelerator — £497
Six live implementation sessions delivered via Zoom, NeuroBusiness Capacity Assessment, NeuroBusiness Blueprint Framework, NeuroBusiness Reset Meditation, 90-Day Integration Planner and access to the founding cohort community.

VIP — £1,497
Everything included in the Accelerator plus two private one-to-one sessions with Kezia Luckett: a 90-minute NeuroBusiness Deep Dive before the Programme begins and a 90-minute Archetype Session after the Programme ends. VIP places are limited and will not carry over to future cohorts.

1.3. Session dates and times will be communicated to you via email and posted in the private Facebook group. It is your responsibility to attend sessions as arranged. No alternative or replacement dates will be offered for missed sessions.

1.4. Access to the Programme and all associated content will be available for the duration of the six-week Programme plus 30 days thereafter, unless terminated earlier in accordance with these Terms and Conditions.

2. Payment

2.1. The Fee for the Programme is as set out above and on the sales page at the time of purchase.

2.2. Payment is made via Stripe only, in pounds sterling, and is payable in full at the time of purchase.

2.3. Cleared payment must be received before access to the Programme is granted.

2.4. Where a payment plan is agreed, each instalment must be paid on the date it falls due. Failure to make payment within 7 days of the due date will result in access being suspended until payment is received.

3. Refunds

3.1. A full refund of the Fee paid, minus Stripe transaction fees, will be provided where a cancellation request is received before the first session of the Programme has taken place.

3.2. No refund will be provided once the first session has taken place, regardless of attendance or engagement.

3.3. For VIP participants, the private sessions are non-refundable once booked and confirmed.

4. Programme Duration

4.1. The Programme runs for six weeks from the date of the first session.

4.2. This Agreement terminates automatically at the end of the 30-day post-programme access period unless terminated earlier in accordance with these Terms and Conditions.