Terms and Conditions
The owner of this website (the “Site”) is Rocket Fuel Learning International Limited, (variously referred to as “RFLI,” “We” or “Us”). RFLI is a Company registered in Ireland under the provisions of the Companies Act 2014. Our Company registration number is 585791 and our registered office is at Ground Floor, 71 Lower Baggot Street, Dublin 2, Ireland.
As used in these terms and conditions (“Terms and Conditions”) the terms “you” or “your” refers to you, your representatives, successors and assigns and affiliates, and any of your or their devices.
Please read these Terms and Conditions very carefully before using the Site or the Services provided by RFLI. Visiting the Site , registering with RFLI to access the Services or using the Services indicates that you accept these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use this Site, register for, or participate in, any RFLI Services.
We reserve the right to amend these Terms and Conditions at any time. Updated Terms and Conditions will be posted on the Site as soon as practicable after they have been updated. Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Site in any way, your only recourse is to immediately discontinue to access or use this Site.
2. Key Terms related to Content
"Content" - refers to any text, documentation, graphics, images, software, audio, video, information or other materials accessible via the Site or provided as part of the Services.
"RFLI Content" - refers to all Content that RFLI makes available through the Site, or as part of the Services, but excludes Member Content. All RFLI Content including but not limited to text, graphics, logos, button icons, any course materials, images, and audio clips, digital downloads, data compilations, as provided to you, and software, is the property of RFLI or its content suppliers and is protected by international copyright laws.
"Services" refers to the access to the private, self-directed, personal strategy design and management tool denoted, “MyStrategy”, which is based on RFLI's Personal Strategy Model and is provided by RFLI via the Site. For the avoidance of doubt the Services (i) do not include access to any form of live, personalised life coaching services; and (ii) do not constitute any form of training course or formal education leading to a qualification of any kind.
"Member" refers to a person who has successfully completed the registration process via the Site to access the Services. This Site is intended for adult use and as such all members will need to indicate upon registration that they are 18 years of age or older
"Member Content” refers to all content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. You grant to RFLI a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute anonymised versions of your Member content in any existing or future media. You also grant to RFLI the right to sub-license these rights, and the right to bring an action for infringement of these rights. Certain areas of the Site (and your access to or use of certain Services or RFLI Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and Conditions and the terms and conditions posted for a specific area of the Site, Services or RFLI Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or RFLI Content.
4. Electronic Communications
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Scope of Service and our Obligations to you
RFLI provides access to the “MyStrategy” personal strategy design and management tool for each Member to self-reflect, on occasion self-rate, and track their personal goals and ambitions, thereby designing and planning their own individual personal strategy.
By registering as a Member, each Member agrees that all right, title, and interest in the Services, including subsidiary rights and the right to maintain copyright in the name of RFLI, is, or shall by assignment through these Terms and Conditions, vest in RFL
We undertake that the Services will be performed substantially with reasonable skill and care. However, this undertaking shall not apply to the extent of any nonconformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than RFLI or RFLI’s duly authorized contractors or staff.
RFLI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Member acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
RFLI does not warrant that:
- the Services and/or any RFLI Content provided as part of the Services will meet the Member's requirements;
- the Site, the Services or any Content contained therein will be uninterrupted or error-free;
- the Site, the Services or the servers hosting them are free of viruses or other harmful code; or
- the Site, the Services or any Content available via the Site and / or the Services will continue to be available.
RFLI provides Services to multiple Members and nothing in these Terms and Conditions shall prevent us from doing so.
RFLI warrants that it has and will maintain all licenses, consents, and permissions necessary for the performance of its obligations under these Terms and Conditions.
6. Accessing the Services
Registration: In order to access the Services via this Site you must register to become a Member. Membership is subject to you having paid the appropriate fee for the Services as set out elsewhere on this Site together with any and all applicable taxes and duties payable thereon
Registration requires a valid email address (which will serve as your Member name) and a unique password. Please create a secure password by using a combination of upper case and lower case letters, numbers, and symbols. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your Member name and password confidential and log-off from the Site when your session is complete to prevent unauthorized access to your information. Once you have registered as above and purchased Services as per the “Fees and Payments” section below you will become a registered Member and be able to access the Services you have purchased.
Security Matters: If your Member name or password is subject to unauthorized access, you should immediately inform RFLI. You must not disclose your Member name or password to anybody. Any unauthorized use of either of them must be reported via the contact form as soon as you are aware of such use and RFLI will, as soon as reasonably possible, cancel your Member name and/or password and issue new ones to you.
RFLI may, for security or other reasons, require you to change your Member name and/ or password or other information which facilitates access to the Site or the Services. RFLI reserves the right to cancel your Member name and password without notice if RFLI becomes aware of any breach of these Terms and Conditions by you.
If you use this Site, you are responsible for maintaining the confidentiality of your Member name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your RFLI account or password.
Fees and Payments: All Services provided will incur fees depending on the Services purchased. You are responsible for paying all fees associated with using the Services and the Site together with all applicable taxes and duties payable thereon which may vary depending on your country of residence.
Fees for the Services are quoted and payable in US dollars and RFLI takes no responsibility for and shall not be liable to you for any change in the cost of the Services due to movements in the exchange rate between US dollars and your local currency of payment. RFLI reserves the right to review and adjust the fees it charges for the Services at any time at its sole discretion.
Fees for the Services for which you register are payable upon registration and thereafter at the commencement of each subscription period. RFLI will continue to take regular payments at the commencement of each subscription period (i.e. monthly, quarterly, half-yearly or annually) until you cancel your subscription
To make a payment for Services you will be redirected to the website of our payment partner, Stripe. No payments will be paid directly through the Site and therefore RFLI will not ask for or hold any of your payment details. Once you have made your initial payment at registration, the payment details used to make that initial payment will be stored by Stripe.
When the time comes to renew your subscription Stripe will attempt to take payment using those stored details. In the event that the payment attempt should fail, Stripe will make one further attempt. In the event that attempt should also fail you will be notified via email that a renewal payment attempt has failed and you should login to the site to update your payment method. You have ninety (90) days from the date of failure of the payment attempt to log in to your account, provide an alternative payment method and complete the payment. If you do not complete the payment within the 90-day period your account will be deleted and all Member Content will be lost.
You hereby accept that we may suspend provision of the Services to you if you fail to make the required payments on time and in full in accordance with these Terms and Conditions.
Fees may be paid by a third-party on your behalf but RFLI shall only grant access to the Member whose details were entered at registration and no other party, whether they have a contractual relationship with the Member or not, shall be granted access to the Members account by RFLI.
RFLI reserves the right to refuse service, terminate accounts, remove or edit content, cancel orders and limit or adjust the countries of residence to which our Services are available at any time, for operational reasons at its sole discretion.
Confirmation of Purchase: once you have completed an initial purchase or an auto-renewal purchase of the Services a payment record will be added to our account area confirming the amount charged to your nominated credit or debit card and detailing the Services purchased.
Cooling off period: You are entitled to a fourteen (14) day cooling-off period (“Cooling Off Period”) following any purchase of Services via the Site. In the event that you decide you do not wish to proceed with your purchase of Services within the 14 day period you should contact us and let us know, your payment will be returned to you and your account will be closed.
Membership Termination: You may cancel your membership at any time. With the exception of the Cooling Off Period as described above, your cancellation will not take effect until the end of your current subscribed period (which may be either a yearly, half-yearly, quarterly or a monthly period). Cancellation will take effect from the subscription billing period date and you will not be entitled to any refund for any monthly, quarterly, half-yearly or annual membership fee already paid.
Without prejudice to any remedy that RFLI may have against you, We may terminate or suspend with immediate effect and without notice your access to and use of the Site and the Services if
- We do not receive payment according to the subscription billing periods;
- We reasonably believe that you have breached any of these Terms and Conditions;
- We are unable to verify the accuracy or validity of any information provided by you, or We suspect fraudulent, abusive or illegal activity by you.
Cancellation of your subscription for Services by either party shall not act as a waiver of any breach of these Terms and Conditions and shall not act as a release of either party from any liability for breach of such party’s obligations under these Terms and Conditions. Neither party shall be liable to the other for damages of any kind solely as a result of the cancellation of your subscription for Services in accordance with these Terms and Conditions, nor shall such cancellation be without prejudice to any other right or remedy of such party under this Agreement or applicable law.
7. Your Obligations to Us
You hereby acknowledge that you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the Services. As such, you agree that RFLI is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any outcomes from your use of the Services. You understand that neither use of the Services nor coaching is therapy or substitutes for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
You hereby acknowledge that personal strategy planning is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, learning and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility and RFLI has no responsibility whatsoever in that regard.
By using the Services you agree that you feel strong and capable of self-reflection, planning and moving forward under your own supervision, and that you hold an ability to apply a principle of self-care to your engagement with the Site and the Services (for example taking breaks and applying fair, reasonable judgement to yourself).
You hereby acknowledge that the Services do not involve the diagnosis or treatment of mental disorders and that the Services are not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the intended use of the Services.
Use of the Services implies an understanding that there are no right or wrong answers, only personal choices and preferences. Likewise, there is no insinuation that any form of ‘ideal person’ exists to which any user should aspire. You understand that in order to maximise successful use of the Services, you agree to communicate honestly with yourself and to create the time and energy to participate fully in the thinking and consideration processes on which the Services depend.
8. Legal Complaints
9. Third Party Content
You understand and acknowledge that all RFLI Content as provided to you as part of the Services is our property and you agree that such content shall be confidential as between you and us and you further agree that you will not disclose such content to any third party without our express written permission.
11. Fair Usage Policy
The Services provided by RFLI have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason at our sole discretion, and you must be able to edit or delete promptly the links that you create, upon our request. Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities; Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between RFLI and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person's or entities legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code; Advertise or promote goods or services without our permission (including, without limitation, by sending spam); Interfere with others using the Services or otherwise disrupt the Services;
- Transmit, collect, or access personally identifiable information about other Members without the consent of those Members and RFLI;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another Member’s account or information, or allow anyone else to use your account or access credentials. or
- Share incorrect information about you while registering to this website, including misleading RFLI as to your Country of Residence.
12. Risk of Loss
RFLI supplies the Services for private individual use only. The Member shall be solely and only responsible for any risk, generally or specially attributable, due to the Services performed by RFLI. The Member hereby accepts any and all kinds of material losses or detriment due to the outcome of use of this Site or the Services.
You hereby indemnify RFLI and undertake to keep RFLI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by RFLI to a third party in settlement of a claim or dispute on the advice of RFLI’s legal advisers) incurred or suffered by RFLI arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
14. Applicable Law
Any dispute relating in any way to your visit to the Site or your use of the Services shall be submitted to confidential arbitration in Dublin, Ireland except that, to the extent you have in any manner violated or threatened to violate RFLI’s intellectual property rights, RFLI may seek injunctive or other appropriate relief in any court within Dublin, Ireland and you consent to exclusive jurisdiction and venue in such courts.
16. Site Policies, Modification, Severability and Assignmen
These Terms and Conditions and the other policies posted on this Site constitute the entire Agreement between you and RFLI. We reserve the right to make changes to the Site, these Terms and Conditions and any other of our policies at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. We may transfer or assign the contractual agreement between you and Us pursuant to these Terms and Conditions to someone else.
If you have any queries you can contact us at firstname.lastname@example.org.