4betterresults.com

 

 

Terms of Service

This agreement is between you, the User of this Website and 4BetterResults, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms is deemed to take place upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to these Terms, you must immediately cease using the Website.

No part of this Website is intended as a contractual offer that can be accepted. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to take place when We send you a confirmation email indicating that your order has been accepted.

The 4betterresults.com website is owned by 4BetterResults, registered under the number BE 0463 069 486. By accessing and using the website, you expressly agree to the applicable terms and conditions, as listed below. The information (texts, images and links) on this website are for informational purposes only. 4BetterResults.be BV makes every effort to ensure the correctness of this information, but cannot be held liable for damages arising from incorrect or incomplete information. In addition, 4BetterResults.be BV reserves the right to make changes/corrections or remove information at any time.

1. Definitions and interpretation.

In this Agreement, the following terms shall have the following meanings:
“Account”: collectively means the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communication system on the Website;
“Content” means all text, graphics, images, audio, video, software, data compilations and any other form of information that may be stored in a computer that appears on or is part of this Website;
“Facilities”: means collectively any online facilities, tools, services or information that 4BetterResults makes available now or in the future through the Website;
“Services”: means the services available to you through this Website, in particular the use of the 4BetterResults proprietary e-learning platform;
“Payment Information” means any information required for the purchase of Services from this Website. This includes, but is not limited to, credit card numbers, bank account numbers and sort codes;
“Premises”: Means Our business location(s) located at Wtaerkeer 4, 8587 Spiere-Helkijn, Belgium;
“System”: means any online communication infrastructure that 4BetterResults makes available now or in the future through the Website. This includes, but is not limited to, web-based e-mail, message boards, live chat facilities and e-mail links;
“User” / “Users”: means any third party accessing the Website who is not employed by 4BetterResults.be BV and acting within the scope of their employment;
“Website”: means the website you are currently using (4betterresults.com) and all subdomains of this site unless expressly excluded by their own terms and conditions; and
“We/You/Our”: means 4BetterResults.be BV, a company incorporated in Belgium, with Company Registration Number BE 0463 069 486 , located at Waterkeer 4, 8587 Spiere-Helkijn, Belgium.

2. Age restrictions

Persons under the age of 18 should use this Website only under adult supervision. Payment information must be provided by or with the permission of an adult.

3. Corporate customers

These Terms and Conditions also apply to customers purchasing Services in the course of business.

4. Intellectual property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content on the Website, unless uploaded by Users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, is the property of 4BetterResults, our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable Dutch and Belgian and international intellectual property and other laws.
  • 4.2 Subject to Clause 6, you may not reproduce, copy, distribute, store or otherwise reuse material from the Website unless otherwise indicated on the Website or unless you have received our express written permission to do so.

5. Third party intellectual property

5.1 Unless otherwise expressly indicated, all Intellectual Property Rights, including, but not limited to, copyrights and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products, as applicable.
5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store or otherwise reuse such material unless otherwise indicated on the Website or unless expressly authorized in writing by the relevant manufacturer or supplier.Normal text.

6. Fair use of intellectual property

Material from the website may not be used without prior written permission from 4BetterResults.

7. Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of 4BetterResults or that of our affiliates. We accept no responsibility for the content of such sites and disclaim any liability for any loss or damage arising from their use. The inclusion of a link to another site on this Website does not imply endorsement of the sites themselves or those who control them.

8. Links to this website

Those wishing to link to this Website on other sites may only do so to the home page of the 4betterresults.com site without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. For more information, please contact Us by email at support@4betterresults.com.

9. Use of communication facilities

9.1 When you use a System on the Website, you must do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 You may not use obscene or vulgar language;
9.1.2 You may not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is offensive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You may not submit Content that is intended to promote or incite violence;
9.1.4 We recommend that you use the English language for submissions, as we may not be able to respond to requests submitted in other languages;
9.1.5 The manner in which you identify yourself must not violate these Terms or any applicable law;
9.1.6 You may not impersonate other people, especially employees and representatives of 4BetterResults or Our affiliates; and
9.1.7 You may not use Our System for unauthorized mass communications such as “spam” or “junk mail”.
9.2 You acknowledge that 4BetterResults reserves the right to monitor all communications to Us or using Our System.
9.3 You acknowledge that 4BetterResults may retain copies of all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way, and you hereby waive your moral right to be identified as the author of such information. Any restrictions you wish to place on our use of such information must be communicated to us in advance and we reserve the right to refuse any such terms and associated information.

10. Accounts

10.1 In order to purchase Services on this Website and to use certain other parts of the System, you must create an Account that contains certain personal information and Payment Information that may vary based on your use of the Website, as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have consent to submit Payment Information where consent may be required; and
10.1.3 you will keep this information accurate and up-to-date. The creation of an Account is further confirmation of your representation and warranty.
10.2 We recommend that you do not share your Account details, in particular your username and password. We accept no liability for any loss or damage resulting from your sharing of your Account Data. If you use a shared computer, we recommend that you do not store your Account Information in your Internet browser.10.3 If you have reason to believe that your Account Information has been obtained by another person without authorization, you should contact us immediately to suspend your Account and cancel any unauthorized orders or payments. Please note that orders or payments can only be canceled until delivery of Services has begun. In the event that an unauthorized delivery commences before you have notified us of the unauthorized nature of the order or payment, you will be charged for the period from the commencement of the delivery of Services to the date you have notified us and may be charged a one-month billing cycle.10.4 When choosing your username, you must abide by the terms and conditions set forth in Section 9 above. Failure to do so may result in suspension and/or deletion of your Account.

11. Termination and deletion of Accounts.

11.1 Both 4BetterResults and you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation of the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without cause.
11.2 If We terminate your Account, any pending or pending orders or payments on your Account will be cancelled and delivery of Services will not begin.

12. Services, prices and availability

12.1 While every effort has been made to ensure that all general descriptions of Services available from 4BetterResults match the actual Services provided to you, We are not responsible for variations from these descriptions, as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for errors due to negligence on Our part and refers only to variations of the correct Services, not to different Services as a whole. See clause 13.8 for incorrect Services.
12.2 If applicable, you may be required to select the desired Plan of Services.
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirmation of your Order. No indications of availability are given on the Website.
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and modify or remove special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between placing an order for Services and processing that order and collecting payment, the price valid at the time of the order will be used.

13. Orders and delivery of services.

13.1 No part of this Website constitutes a contractual offer that can be accepted. Your order constitutes a contractual offer that We, in Our sole discretion, may accept. Our acceptance is indicated by Us sending You an email confirming Your order. Only when We have sent You an order confirmation will there be a binding contract between 4BetterResults and You.
13.2 Order confirmations under sub-clause 13.1 will be sent to You before the Services begin and will contain the following information:
13.2.1 Confirmation of the Services ordered with full details of the main features of those Services;
13.2.2 Fully itemized prices for the ordered Services including, where applicable, taxes, delivery and other ancillary charges;
13.2.3 Relevant times and dates for delivery of the Services;
13.2.4 User details and relevant information for accessing those Services.
13.3 If, for any reason, We do not accept your order, no payment will be made under normal circumstances. In any event, all amounts paid by you in connection with that order will be refunded within 14 calendar days.
13.4 Payment for the Services is made via your chosen payment method, immediately for any setup fees corresponding to the service plan you have purchased and on the same day of each subsequent month (“billing cycle”) for fees accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you have received.
13.5 We will endeavor to fulfill your Order within 2-3 business days or, failing that, within a reasonable period of time after your Order, unless there are exceptional circumstances. If we are unable to fulfil your Order within a reasonable time, we will notify you of this at the time you place the Order by means of a comment on the relevant web page or by contacting you directly after you have placed your Order. Time is not the essence of the Contract, which means that we will endeavor to perform your Order within the agreed timescales, but this is not an essential term of the Contract and we will not be liable to you if we fail to do so. If the Services are to commence within 14 calendar days of Our acceptance of Your Order, at Your express request, You must expressly acknowledge that Your statutory cancellation rights, as set out in Clause 14 below, will be affected.
13.6 4BetterResults shall use all Our reasonable efforts to provide the Services with reasonable skill and care, in accordance with best business practices.
13.7 In the event that Services are provided that are not in accordance with Your order and are therefore incorrect, You should contact Us immediately to notify Us of the error. We will ensure that necessary corrections are made within five (5) business days.
The provision of certain Services may be subject to additional terms and conditions. You will be asked to read and confirm your acceptance of these terms and conditions when you complete your Order.
13.8 4BetterResults provides technical support via our online support forum and/or telephone. 4BetterResults makes every effort to respond in a timely manner but we do not guarantee any particular response time.

14. Cancellation of orders and services.

We want you to be completely satisfied with the Products or Services you order from 4BetterResults. If you wish to speak with us about your Order, please contact customer service at +32 56 53 12 00 or by email at support@4betterresults.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If Specific Terms associated with the Service contain terms about canceling the Service, the cancellation terms in the Specific Terms will apply.
14.1 If you are a consumer located within the European Union, you are legally entitled to a “cooling off period”. This period begins once Your order is confirmed and the contract between 4BetterResults and You is formed and ends at the end of 14 calendar days from that date. If You change your mind about the Services within this period and wish to cancel Your order, please inform us immediately via the following email: sales@4betterresults.com. Your right to cancel during the cooling off period is subject to the provisions of sub-clause 14.2.
14.2 As specified in clause 13.6, if the Services are to commence within the cooling off period, You must make an express request to do so. By requesting that the Services commence within the 14 calendar day cooling off period, you acknowledge and agree to the following:
14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are completed.
14.2.2 If you cancel the Services after delivery has begun but not yet been completed, you are still obliged to pay for the Services provided until the time you inform us that you wish to cancel. The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any amounts already paid for the Services will be refunded less the amounts calculated in accordance with the foregoing. Refunds, if any, will be issued within 5 business days and in any event no later than 14 calendar days after you have informed us that you wish to cancel.
14.3 Cancellation of Services after the cooling off period of 14 calendar days has expired will be subject to the specific terms and conditions applicable to those Services and may be subject to a minimum contract term.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (https://www.4betterresults.com/privacy-policy/) which is incorporated into these Terms and Conditions by this reference. Please click on the link above to view the Privacy Policy.

16. How we use your personal data (data protection).

16.1 Any personal information we collect (including, but not limited to, your name and address) will be collected, used and retained in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal data to:
16.2.1 Provide our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 inform you about new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 In certain circumstances (for example, if you wish to purchase Services on credit), and with your consent, We may disclose your personal data to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and must use and retain your personal information accordingly.
16.4 We will not disclose your personal information to third parties without your express consent.

17. Disclaimers

17.1 We make no warranty that the Website will meet your requirements, that it will be of satisfactory quality, that it will be suitable for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We do not guarantee any specific results from the use of our Service or Services.
17.2 No part of this Website is intended as advice and the Content of this Website should not be relied upon in making decisions or taking actions of any kind.
17.3 No part of this Website is intended as a contractual offer that may be accepted.
17.4 While we make reasonable efforts to ensure that the Website is secure and free of errors, viruses and other malware, we strongly recommend that you take responsibility for your own Internet security, that of your personal data and your computers.

18. Changes to the facilities and these terms and conditions

We reserve the right to change the Website, the Content or these Terms at any time. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If we are required by law to make changes to these Terms, those changes will automatically apply to orders currently pending and to orders placed by you in the future.

19. Website availability.

19.1 The Website is provided “as is” and on an “as available” basis. 4BetterResults uses industry best practices to provide high uptime, including a fault-tolerant architecture hosted in cloud servers. We make no guarantee that the Website or Facilities will be free of failures and/or outages, and we offer no refunds of any kind for outages. We make no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for interruption or unavailability of the Website due to external causes, including but not limited to ISP equipment failures, host equipment failures, communication network failures, power failures, natural phenomena, acts of war or legal restrictions and censorship.

20. Limitation of liability

20.1 To the extent permitted by law, We accept no liability for any direct or indirect loss or damage, whether foreseeable or unforeseeable, including any indirect, consequential, special or punitive damages resulting from the use of the Website or any information on it. You should be aware that you use the Website and the Content at your own risk.

4BetterResults excludes all liability for any direct or indirect damages of any kind arising from or in any way connected with the use of this Website, or with the temporary inability to access the site. 4BetterResults is also not liable for direct or indirect damages resulting from the use of information obtained through this site.

20.2 In the event that any of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that condition shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This condition shall apply only within jurisdictions where a particular condition is unlawful.

21. No waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, such failure shall not be construed as a waiver of such right or remedy.

22. Previous Terms and Conditions

In case of conflict between these General Terms and Conditions and previous versions thereof, the provisions of these General Terms and Conditions shall prevail, unless expressly stated otherwise.

23. Third party rights

Nothing in these Terms and Conditions grants any rights to third parties. The agreement created by these Terms and Conditions is between you and 4BetterResults.

24. Communications

24.1 All notices/communications must be given to us by mail to our premises (see address above) or by email to support@4betterresults.com. Such notice shall be deemed received 3 days after posting if sent by first class mail, the day of posting if the email is received in full on a business day and on the next business day if sent on a weekend or holiday.
24.2 We may from time to time, if you choose to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click the “Unsubscribe” link in any email you receive from Us.

25. Legislation and jurisdiction

These Terms and Conditions and the relationship between you and 4BetterResults.be BV shall be governed by and construed in accordance with the laws of Belgium and 4BetterResults and you agree to submit to the exclusive jurisdiction thereof.