Terms of Use

Alice Scott - Health Coach Terms of Use

Last modifed: 22/11/2020
Effective date: 22/11/2020

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1. BACKGROUND
These terms of use (the “Terms” or “Terms of Use”) govern your access of the software, whether
accessed: (a) on a computer connected to the internet at https:// www.alicescotthealthcoach.com/ (the
“Website”); (b) on Alice Scott - Health Coach social media properties; or (c) by mobile device
(individually and collectively, (a), (b), and (c) are the “Product”), as owned and operated by Alice Scott -
Health Coach (“Trainer”), a England corporation having its registered address at 20B Station Road BH21
1RG (referred to in these Terms as “we”, “us” or the “Trainer/Company”). These Terms govern the use
of all persons using the Product, including without limitation, the account manager or organization who
registers an account on the Product (the “Account Manager”), all additional managers, teachers and
parents (collectively, along with the Account Manager, “You” or the “User”), who have registered for the
use of the Product, and are binding on any use of the Product, and apply to You from the time that You
access the Product. For clarifcation, “You” includes terms such as “your” and “yourself”.

2. APPROVAL OF THE TERMS It is important that You read these Terms carefully. If You do not agree to
these Terms, please do not use the Product or browse the Website. By accessing or using the Product,
You represent, warrant and signify that: (a) You are at least 18 years of age; (b) You have read,
understood and agree to be bound by these Terms as they may be amended from time to time; and (c)
You have read and understand our Privacy Policy, which can be accessed at https://
www.alicescotthealthcoach.com/ (the "Privacy Policy"), the terms of which are incorporated herein by
reference, and agree to abide by the Privacy Policy. You may not use the Product nor accept these
Terms if you are not of a legal age to form a binding contract with us. If You accept these Terms, You
represent that You have the capacity to be bound by them, or if You are acting on behalf of a company
or entity, that You have the authority to bind such company or entity (and in which case “You” will refer
to the company or entity).

3. AMENDMENT We may add to, discontinue or revise these Terms or any aspect, mode, design, or
service provided under the Product, which include but are not limited to the: a. scope of the features; b.
timing of the features; page 1 of 12 c. software/hardware required for access to the Product; and d.
geographic locations or jurisdictions in which certain features may be available. We may amend the
Terms without notice for non-material amendments. In the event of a material change, we will provide
the Account Manager with thirty (30) days’ notice of a material change in the Terms and conditions
(including changes in pricing) via e-mail to the e-mail address supplied to us by the Account Manager,
setting out: e. the new or amended agreement terms; f. how such terms read formerly; g. the date of
the coming into force of the amendment; h. the means in which You can respond and the effects of not
responding; i. the option to either terminate the agreement or retain the existing agreement
unchanged; and j. the language of this provision with reference to the applicable consumer protection
legislation rules for amending these terms and making any additional requirements for amendments as

prescribed by law (if any). It is the Account Manager’s responsibility to send such notices of material
changes to all Users associated with the Account Manager’s account. We highly recommend that Users
read any amendments carefully. Unless explicit consent is required by the law, we have the right to
assume that You have accepted the change to the terms and conditions, unless You notify us to the
contrary, no later than thirty (30) days after the amendment comes into force, that You desire to cancel
the contract or deregister or unsubscribe from access to the Product. We will post the most current
Terms on the Website and your use of the Product will be subject to the most current Terms as posted
on the Website at such time. It is your responsibility to visit this page to find any updates that may have
been made to the Terms. You hereby agree that Alice Scott - Health Coach shall not be liable to You,
your employee, or any other third party for any amendments to the Terms of Use.

4. PAYMENT TERMS Payment from Account Managers will be due upon delivery of an electronic invoice
from Alice Scott - Health Coach to the Account Manager Monthly, as applicable. Any amounts payable
by the Account Manager hereunder which remain unpaid 14 days after an invoice is delivered shall bear
interest at the rate of 10% per month (up to a maximum of 10% per annum), or the maximum amount
allowable by law, such interest to be calculated on a daily basis from the date the payment becomes
overdue until the date payment is made in full. page 2 of 12 Account Managers may be required to
provide account information for at least one valid debit or credit card through the Product (“Debit or
Credit Card Information”). We will use this Debit or Credit Card Information in accordance with this
Agreement and our Privacy Policy. We are not liable for any payments that are not completed because:
(1) your debit or credit card account does not contain sufficient funds to complete the transactions or the
transactions would exceed the credit limit or overdraft protection of the debit or credit card account; (2)
You have not provided us with correct payment account information; (3) your debit or credit card has
expired; or (4) of circumstances beyond our control (such as but not limited to, power outages,
interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand
or acquirer bank, or any other interface from an outside force). All payment is exclusive of any taxes or
duties imposed by jurisdiction tax law. Trainer will not be responsible for any taxes or duties owed by
You.

5. TERMINATION These Terms are effective on the date that You access the Product and will continue to
apply until our relationship with You is terminated. Users may terminate their relationship with us by
notifying Trainer via email at alicescotthealthcoach@gmail.com The services provided by the Product
and the applicable fees shall continue until the end of the Account Manager’s current subscription term
after the Account Manager has notified us of your desire to unsubscribe from the Product, to close your
account, and to cease your use of the Product. Account Managers that use the Product during a trial
period and do not register for the Product after the free trial period will have their account terminated
at the end of the free trial period. We may terminate our relationship with You immediately at any time
and for any reason including, but not limited to, a breach of these Terms under the following
circumstances: a. if You have not adhered to any or all the provisions of the Terms (such as a failure to
pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms,
such determination to be made solely at our discretion; b. if we have changed our Terms or Privacy
Policy and have not received your required consent, subject to the amendment provision in this
Agreement; c. if we are required to terminate the relationship by law; d. if we receive any notice of your
misuse of the Product; or e. if provision of the Product is no longer commercially viable for us. Upon
termination of our relationship, we will immediately revoke your license to use the Product and block all

access to your account, and may delete all data and information associated with your account 30 days
after such termination. Upon termination of this relationship, You will page 3 of 12 remain liable for any
accrued charges and amounts which become due for payment prior to or following termination. If you
do not log into your account for 3 or more months, we may treat your account as “inactive” and
permanently cancel your account upon delivery of written notice and delete your information 30 days
after such notice has been delivered.

6. USE OF THE PRODUCT In order to use the Product, an Account Manager must register using our
registration page located at https://www.alicescotthealthcoach.com/. You understand and agree that an
employer of your organization may register You for a manager account. Upon registration, the Account
Manager may setup additional accounts on the registered account for others. Registration Information:
You agree and understand that You are responsible for maintaining the confidentiality of your password,
which, together with your name and e-mail address (“User ID”), allows You to access the Product. The
User ID and password, together with any other contact information You provide us at the time of signing
up for the Product form your “Registration Information.” You agree that all Registration Information
provided to us will be accurate and up to-date. You agree to keep your password secure. We will not be
liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use
of your password or account, You agree to notify us via e-mail at alicescotthealthcoach@gmail.com as
soon as possible. Accounts: You may create or use additional accounts for the purpose of logging into
the secured account as a manager, teacher and/or parent, as applicable to your role in the managed
account. You may not open an account if you are a competitor of Trainer. Permitted Uses: You agree to
use the Product only for purposes that are permitted, both by the Terms and by any applicable law,
regulation, or generally accepted practices or guidelines, in relevant local, national, and international
jurisdictions. You agree to adhere to any applicable privacy of personal information laws and
regulations, including as outlined in the Personal Information Protection and Electronic Documents Act,
SC 2000, c 5. Unauthorized Access: You agree to only access (or try to access) and use the Product
through interfaces provided by us. You shall not access (or try to access) and use the Product through
any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. You agree
not to use or attempt to use another User’s account. You agree not to impersonate any person or entity,
or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with
any person or entity. Prohibited Uses: You may use our Website, services, and products only for lawful
purposes. You may not use our Website, services, or products in any manner that: a. breaches any
applicable local, national or international law or regulation; page 4 of 12 b. may in any way be
considered harassment to another person or entity; c. may in any way, is unlawful or fraudulent, or has
any unlawful or fraudulent purpose or effect; d. may in any way damage, disable, overburden, and/or
impair the the Product server, or any network connected to the Product server, and/or interfere with
any other party’s use or enjoyment of the Product; e. is in any way abusive, defamatory, misleading,
fraudulent, pornographic or otherwise explicit in nature or written in bad faith; f. harms or attempts to
harm minors in any way; g. will reproduce, duplicate, copy, sell, resell or exploit any portion of the
Product; or h. will abuse either verbally, physically, written or other abuse (including threats of abuse or
retribution) of any Product customers, employees, members, or officers; and any of the foregoing will
result in immediate account termination. You represent and warrant that You will not use the Product to
upload, post, link to, email, transmit, or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or any telecommunications equipment. Nor will You

post or distribute any computer program that damages, detrimentally interferes with, surreptitiously
intercepts, or expropriates any system, data, or personal information. You further represent and
warrant that You will not disrupt the functioning of the Website, in any manner. Moderation: You
understand and agree that although Trainer is not required to moderate your use of the Product, it may
in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which
without limitation, violate these Terms or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of others. User Responsibility: You agree that You are solely
responsible for any breach of your obligations under the Terms and for the consequences of any such
breach. We have no responsibility to you or to any third party for such breaches or the consequences of
such breaches (including losses or damage that we may incur). You understand that when using the
Product, You may come across material that You find objectionable, offensive or indecent and agree that
You are using the Product at your own risk. Technical Requirements: Use of the Product requires
internet access through your computer. You may be required to have Internet Connection enabled to
use the Product, and some features of the Product may not be accessible with such technologies
disabled. Linking: page 5 of 12 If you would like to link to the Product, we request that you: Inform us
that you are creating a link by sending a message to alicescotthealthcoach@gmail.com. Please indicate
the URL of the page where the link will be placed. Link to the Product home page instead of specific
pages within the Product. While Trainer encourages links to the Product, it does not wish to be linked to
or from any third party website which contains, posts or transmits any unlawful information of any kind,
including, without limitation, any content i) that constitutes or encourages conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial,
national or international law or regulation; ii) that may be damaging or detrimental to the activities,
operations, credibility or integrity of the Trainer; or iii) that contains, posts or transmits any information,
software or other material which violates or infringes upon the rights of others, including material which
is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other
proprietary rights. The Trainer reserves the right to prohibit or refuse to accept any link to the Product,
including, without limitation, any link which contains or makes available any content or information of
the foregoing nature, at any time. You agree to remove any link you may have to the Product upon the
request of the Trainer. The framing, mirroring of the Product or any of its content in any form and by
any method is strictly prohibited and deep linking is discouraged. You may not cause any advertisement
including any pop-up or banner advertisement to appear at, or on, or after exiting, the Product.

7. PRIVACY Your privacy is very important to us. Please review our Privacy Policy. Our Privacy Policy
applies to the collection, use, disclosure, retention, protection and accuracy of your personal
information and business financial information collected for the purposes of the features offered
through the Product.

8. THIRD PARTY LINKS The Product may link to third-party websites or resources. Such links are provided
as a convenience to You only and do not imply an endorsement, warranty or guarantee by us of any
such linked Website or the company it purports to represent. We do not assume any responsibility or
liability for their availability, accuracy, the related content, products or services. You are solely
responsible for use of any such websites or resources and compliance with their policies. Should You
elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby
release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any
liability, claim, injury, loss or damage suffered as a result of page 6 of 12 your actions or the actions of

any user associated with your account, offering to accept or having accepted any products or services
that are available from those sites.

9. INTELLECTUAL PROPERTY AND RIGHTS Rights to content provided by us: You acknowledge and
understand that we own all right, title and interest in: (a) the Product and any associated data files; and
(b) all computer software; advertisements; sponsored content; and intellectual property associated with
the Product (all such information, individually and collectively, being the “Product Content”), which You
may have access to when using the Product. Except as set forth in the Agreement, all rights not
expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct,
translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats,
programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease,
loan, sell, distribute or create any derivative products or services (or parts of services products or
services) based on the Product Content that You do not own or to which You have rights, or to create
derivative works based on the Product. You may not infringe upon our intellectual property or adapt,
reproduce, publish or distribute copies of any information or material found on the Product in any form
(including by e-mail or other electronic means), without our prior written consent. You are not required
to provide Trainer with any comments, suggestions, recommendations, requests or any other feedback
(“Feedback”). In the event that you do provide Trainer with Feedback, Trainer may use such feedback to
improve the Product or for any other purpose. Furthermore, Trainer shall own such Feedback and
Trainer and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled
may use, license, distribute, reproduce and commercialize the Feedback, and You hereby assign,
irrevocably, exclusively and on a royalty-free basis, all such Feedback to Trainer. Limited license: We
grant You a non-exclusive, non-transferable, revocable, limited license to use the Product in accordance
with these Terms. This limited license is subject to full payment of the monthly fees per child, when due.
This license may be revoked upon breach of these Terms by You and shall automatically be revoked
upon termination or expiration of this Agreement. The Company may, now or in the future, own rights
to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features
which we use in connection with the operation of the Product (each such feature being a “Brand Right”
and collectively being the “Brand Rights”). We do not grant you any right or license to use any Brand
Right other than as expressly set out in these Terms and in other licenses between You and us. Rights to
content provided by you: Trainer does not retain any right, title and interest to the information
provided, inputted or uploaded to the Product (“User Data”). You understand and agree that the
ownership of User Data shall be decided amongst yourself and your employer, if page 7 of 12 applicable,
and that your User Data may be available to your employer even after the termination of your account
with the Product. You agree that You will defend, indemnify and hold harmless us and our officers,
directors, shareholders, employees, agents and representatives, from and against any and all claims,
damages, judgments, liability, costs and expenses (including without limitation any reasonable legal
fees), in whole or in part arising out of or attributable to the ownership of User Data. You also
understand that in order for us to operate the Product, User Data may be transmitted by You or us over
various public networks and in various media in compliance with our security protocols and we may
make changes to User Data to meet the technological requirements of such networks and media. You
are responsible for ensuring that User Data is protected and your rights in User Data are enforced; we
have no responsibility to protect or enforce your rights on your behalf with respect to User Data. At any
time and up to 30 days after your termination with Trainer, You may request a copy of all of your User
Data from the Product (“Data Dump”). You understand and agree that after the expiration of 30 days

after your termination with Trainer, your User Data will be permanently deleted and You will no longer
have access to such Data Dump.

10. DISCLAIMERS The Product provided as-is: The Product is provided “as-is” without warranties of any
kind, either expressed or implied. You acknowledge, agree and understand that You use the Product at
your own risk. We will have no responsibility for any harm to your computer system, loss or corruption
of data, or other harm that results from your access to or use of the Product. Downtime: The Product
may be temporarily unavailable from time to time for maintenance or other reasons. We assume no
responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or alteration
of, any communications between You and the Product. No endorsement as to accuracy: We accept no
responsibility for the accuracy of any User Data provided by or created using the Product except as
otherwise set out in these Terms. The provision or storage of User Data through the Product does not
constitute our endorsement or warranty as to the compliance of such User Data with applicable privacy
legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Data.
You are responsible for ensuring that that the information you have entered into our system is accurate,
reliable and complete. Ratings and reviews: We accept no responsibility or liability for any ratings or
reviews of an employee posted to the Product, or any consequences as a result of the ratings or reviews
of an employee, including but not limited to termination of an employee. Ratings and reviews posted to
the Product DO NOT reflect our views. page 8 of 12 Monitoring: We do not accept any liability for
monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website
by users. No warranty as to non-infringement: Except in the manner provided for in these Terms, we
disclaim, and expressly do not provide any direct or indirect, express or implied representation or
warranty as to title and non-infringement of intellectual property in relation to the Product. Damage to
hardware: Any material downloaded or otherwise obtained through the use of our services and
products is done at your own discretion and risk, and You will be solely responsible for any damage to
your computer system or other device or loss of data that results from the download of any such
material. Content provided to companies: If You are an individual providing User Data that is to be
directed to your organization’s account, You agree and acknowledge that we accept no responsibility
and are not liable for any damages that may arise by the organization’s use of that User Data. You
further agree and acknowledge that we are not liable for any damages that may arise if the User Data is
misdirected to the wrong organization due to any reason, including error on your part or a faw in the
Product.

11. DATA RETENTION The Product may store your data as long as your account is current and active and
for 30 days after our relationship with You has been terminated. On a regular basis we create a backup
of all data in our system, which is retained for 30 days, after which it will be removed permanently from
all our systems. This backup is for use by Trainer only in the case of disaster recovery or to maintain
business operations in the case of an emergency. Trainer will not restore data unless it determines, in its
sole discretion that a data recovery is necessary.

12. REFUND POLICY No refunds will be given once payment is received.

13. LIMITATION OF LIABILITY You hereby agree to release, remise and forever discharge us and our
directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and
each of their respective agents, directors, officers, employees, and all other related persons or entities

from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of
action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature
whatsoever, and for any special, indirect or consequential, incidental or exemplary damages
(collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or
hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with: page
9 of 12 a. any indirect, incidental, special, consequential, or exemplary damages, including but not
limited to damages for loss of profits, goodwill, use data, or other intangible losses; b. your provision of
any personal information provided to us subject to our legal requirements relating to the protection of
personal information; c. communications received to you through your access to the Product; d. the
posting of information on the Product, Website, blog, account or any affiliated social media, including but
not limited to, User data, Cards, written reviews, pictures, or personal information; e. the use of the
Product and any related applications including third party services; f. the use of any software related to
the Product; g. viruses, spyware, service provider failures or internet access interruptions; h. loss of use,
loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime,
identity theft, fraud or unauthorized access; or i. any content relating to the use of the Product, even if
you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and
notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license. In the
event that we become liable for any damages whatsoever, you agree that such damages shall be limited
in the aggregate to the amount of fees or charges which You have paid for the Product in the previous
invoice.

14. INDEMNIFICATION To the extent permitted by applicable laws, You agree that You will defend,
indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and
representatives including J. Goodman Consulting Inc., from and against any and all damages, judgments,
liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part
arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of
the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including
you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the
intellectual property rights of any third party to these Terms. You agree that You will be solely
responsible for all activities that occur under your account, whether You are aware of them or not. You
agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a
result of someone other than You using your password or account, either with or without your
knowledge. You agree to indemnify us for any page 10 of 12 damages, third party claims or liabilities
whatsoever that we may incur as a result of activities that occur on or through your account, whether or
not You were directly or personally responsible.

15. GOVERNING LAW AND FORUM OF DISPUTES By visiting the Website or using the Product, You agree
that the laws of the province of Great Britain, without regard to the principles of conflict of laws, will
govern these Terms and any dispute of any sort that may arise between You and us. With respect to any
disputes or claims, You agree not to commence or prosecute any action in connection therewith other
than in the province of Great Britain, and You hereby consent to, and waive all defences of lack of
personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial
courts of jurisdiction. You agree to pay reasonable attorneys' fees and court costs incurred by us to
collect any unpaid amounts owed by You. Expenses: Each party shall be responsible for its own legal fees
and other expenses incurred in connection with the performance of any of its obligations hereunder.

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16. FORCE MAJEURE You agree that we are not liable for a delay or failure in performance of the Product
or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our
reasonable control, including but not limited to, acts of God, natural disasters, power failures, server
failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts
and strikes, riots, war, foods, insurrections, legislative changes, and governmental actions.

17. SEVERABILITY If any portion of these Terms is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void
or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be
stricken from these Terms.

18. HEADINGS The insertions of headings are for convenient reference only and are not to affect the
interpretation of these Terms.

19. ASSIGNMENT OF AGREEMENT You may not, without our prior written consent, assign the
Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will
be a material default of the Agreement and will be void. We may assign this Agreement to a third party
at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the
respective page 11 of 12 parties hereto, their respective successors in interest, legal representatives,
heirs and assigns.

20. WAIVER You agree that if we do not exercise or enforce any legal right or remedy which is contained
in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a
formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be
in written form and signed by an authorized representative of the Company.

21. SURVIVAL OF AGREEMENT All covenants, agreements, representations and warranties made in these
Terms shall survive your acceptance of these Terms and the termination of our relationship.

22. ENTIRE AGREEMENT The Agreement will constitute the entire agreement between us and You with
respect to the subject matter hereof and all prior oral or written agreements, representations or
statements with respect to such subject matter are superseded hereby. In the event of a conflict
between these Terms and the Privacy Policy, the terms and conditions found herein shall prevail.

23. CONTACT By providing us with your e-mail address, You agree to receive all required notices
electronically, to that e-mail address or by mobile notifications via the Product. It is your responsibility to
update or change that address, as appropriate. If You have any questions or comments regarding these
Terms please contact our head ofce by email at alicescotthealthcoach@gmail.com.

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