Terms of Use

Effective date: 1st October 2020

This page (and the documents it refers to) tells you the terms of use on which you may use our websites. 

These include www.chrisbrainassociates.com, and www.section123.com as well as any of our sites and training portals hosted at www.kajabi.com (our sites), whether as a guest or a registered user.

Please read these terms of use carefully before you start to use the sites. By using our sites, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our sites.

​About Us

www.chrisbrainassociates.com,  www.section123.com as well as any of our sites hosted at www.kajabi.com are sites operated by Chris Brain Associates (“we” or “us”), a private partnership. Our email address is [email protected].

Our Sites

We allow access to our sites on a temporary basis and we reserve the right to withdraw, restrict or change our sites at any time and without notice. We will not be liable if for any reason our sites are unavailable at any time or if the content is changed or out of date.

​You must treat as confidential any user identification code, password or other security feature in relation to our sites. If, in our opinion or suspicion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.  We may at any time ask you to explain your use of our sites and co-operate with associated enquiries to verify that you have not been in breach of our terms and conditions.

​You must comply with the provisions of our Acceptable Use Policy when using our sites.

​It is your responsibility that anyone who accesses our sites through your internet connection is aware of these terms and complies with them.

Variations

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our sites.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our sites and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

​You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our express prior written consent.

You must not share any content of our site with any other parties, whether they are registered users of our site or not, with out our express prior written consent.

​If, in our opinion, you are in breach of these provisions, your right to use our sites will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

​If you post comments on the products, services or subscription services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

Reliance on Information and Links

The contents of our sites (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through our websites meet your specific requirements.

Where affiliate links are used, the user will be made aware of such. We shall have no liability whatsoever in any circumstances to you in relation to affiliate products (including in relation to any consequential loss of any type whatsoever) other than in relation to matters for which we are not lawfully able to limit or exclude our liability.

Information about you and your visits to our websites

We process information about you in accordance with our Privacy Policy. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.

Linking to our site

You may link to our homepage if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

​We reserve the right to withdraw linking permission without notice.  The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.

​Our sites must not be framed on any other site.  If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].

Uploading material to our sites

When you upload material to our sites, or make contact with other users of our sites, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss or damaged reputation as a result, you will reimburse us for such loss or damage.

​Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.

​We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our sites.

​We have the right to remove any material or posting you make on our sites if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

Viruses, hacking and other offences

You must not misuse our sites by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

​By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

Our liability

The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to them and any materials posted on them (whether by us or a third party), including, without limitation any liability for:

    • loss of income or revenue;

    • loss of business;

    • loss of profits or contracts;

    • loss of anticipated savings;

    • loss of data;

    • loss of goodwill;

    • wasted management or office time;

    • and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

​Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action;

  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  • Impossibility of the use of public or private telecommunications networks;

  • Failure of third party web hosting services; and

  • The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Jurisdiction and applicable law

The courts in England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

​These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Acceptable Use Policy

This is the acceptable use policy, which, together with our terms of website use, sets out the terms under which CHRIS BRAIN ASSOCIATES (“We”) allow you to use our sites www.chrisbrainassociates.com, www.section123.com and any of our sites hosted on www.kajabi.com. (“sites”) whether you are a visitor or a registered user.

​All enquiries should be directed to [email protected]. Please read the terms of this policy carefully, as by using our sites you indicate that you agree to comply with and be bound by them.

Prohibited uses of our sites

Whether you are a visitor or registered user, you must comply with our terms of website use, and use our sites for lawful purposes only. In particular, you must not use our sites for the uses listed (without limitation) below:

  • any fraudulent activity;

  • any activity which breaches any applicable law or regulation, whether national or international;

  • any activity which may cause or result in harm to a child under 18 years of age;

  • sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;

  • reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;

  • knowingly introducing to our sites, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;

  • attempting to gain unauthorised access to our sites, our software, our server, or any server, computer or database connected to our sites; or

  • attacking our sites via a denial-of-service attack or a distributed denial-of service attack.

Contributing and interacting

Our sites may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.

In addition, any contribution or interaction must not include any material which (without limitation):

  • is defamatory, obscene, offensive, hateful or inflammatory;

  • is, or refers to material which is, sexually explicit;

  • promotes violence, illegal activity or any form of discrimination;

  • infringes any other person’s copyright, database right or trade mark;

  • threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;

  • advocates, promotes or assists any illegal activity;

  • is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);

  • invades another’s privacy or cause inconvenience or anxiety to any person;

  • is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

  • gives the impression that the material emanates from us, if this is not the case.

Moderation

If we at any time use our sites to provide users with any interactive service, the following moderation provisions will apply:

  • we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;

  • if moderation is in place, we will give you a means to contact the moderator;

  • although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and

  • children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.

Breaches of this policy

Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use, and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our sites and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.

Amendments

Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.

​Subscription Services

Where we provide subscription based services of any kind in return for a subscription or other payment, such subscription based services will only be available for you to use for such period as you have paid your subscription or other payment. 

If the subscription or other payment is not received then your access to the said subscription based services will be immediately terminated.  Such access will not be restored until full payment has been received. 

Where a subscription based service is due for renewal, there is no duty upon us to notify you of the renewal date and that a renewal subscription is due.  It is entirely your responsibility to remain aware of when your renewal subscription is due, and to ensure that such renewal payment reaches us prior to the renewal date.  If you fail to ensure that your renewal payment reaches us by your renewal date then there may be a break in your access to the subscription based service, for which we cannot be held responsible. 

​Your Status

By placing an order through our site, you warrant that:

  • you are legally capable of entering into binding contracts; and

  • you are at least 18 years old;

  • you are resident in one of the Serviced Countries; and

  • you are accessing our site from that country.

​By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

​We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

​Access to and social media group and/or "Chat Room" (where applicable) is limited to current subscribers only. Once you have cancelled your subscription you will be removed from any closed social media group and/or "Chat Room" and any affiliated groups, regardless of the date the cancellation of the subscription has been made.

​We reserve the right to monitor and remove any persons acting outside of the house rules within any closed social media group, "Chat Room" and other communications and interactions. This decision will be made at our absolute discretion and will not be entered into further discussion.

​We may invite active members to join a closed social media group and/or"Chat Room" (where applicable) as soon as the subscription has been started, via email link. It is the customers responsibility to request to join the group. We will not be held responsible for any correspondence regarding this that is lost in transit. Membership of any closed social media group cannot be back dated.

​If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the product, service or subscription. In this case, you will receive a full refund of the price paid for the product, service or subscription in accordance with our refunds policy.

​Refunds Policy

Where, as a consumer, you have cancelled the Contract between us within the fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the product, service or subscription in full, and any applicable delivery charges.

​Transfer of Rights

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

​We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

​Waiver​

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

​A waiver by us of any default will not constitute a waiver of any subsequent default.

​No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by us.

​Severability​

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

​Entire Agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

​We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

​Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

​Nothing in this clause limits or excludes any liability for fraud.

​Variation

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

​You will be subject to the policies and terms and conditions in force at the time that you order products, services or subscriptions from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the product or deliver the service or subscription service to you (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the product, service or subscription).

Asset Valuation Circle Additional Terms and Conditions

1. Your subscription will last for 12 months minimum, and cannot be cancelled or refunded once started.

2. You can of course decide NOT to renew your membership when that falls due after 12 months.

3. The pre-recorded training modules will be developed over the launch year of the Asset Valuation Circle, and we DO NOT guarantee availability of 20 hours of CPD at the launch date. We do guarantee that there will be 20 hours of CPD through the Asset Valuation Circle during the first year of membership.

4. We will be retaining your contact information for all purposes connected with your subscription, and by joining the Asset Valuation Circle you are expressly agreeing that we will retain this information about you.

5. We treat your privacy very seriously and will NEVER share your information with third parties under any circumstances, without your express permission.

6. The Asset Valuation Circle is owned and operated by Chris Brain Associates, and the copyright of all content and materials on the Asset Valuation Circle training platform rests at all times with Chris Brain Associates.

7. Every effort will be made to maintain 24/7 access to the training platform, which is hosted by a third party.  Chris Brain Associates cannot be held responsible for disruption to the platform outside of its control.

8. If there is a break in continuity of deliver of training due to internet or power outage, holidays or sickness of the trainers or partners, employees and/or associates of Chris Brain Associates no refund of subscriptions will be made.

9. Every effort will be made to respond to emails through the asset valuation hotline within 10 working days, but no guarantees can be given in this regard.

10.  The Live Asset Valuation Labs will be recorded and uploaded (without editing) onto the training platform of the Asset Valuation Circle.  By joining the Live Asset Valuation Labs you give your permission to be recorded and for your contribution to be included in the upload to the Asset Valuation Circle platform.

11. We reserve the right to use any information you provide during the course of your engagement in or communication through the Asset Valuation Circle, in developing training, learning or assessment materials within the Asset Valuation Circle, or elsewhere.

12. We reserve the right to determine at our absolute discretion, the most appropriate media to deliver and make available the the Live Asset Valuation Labs and any other live events.  It is the responsibility of you as a subscriber to the Asset Valuation Circle to ensure that you have access to our chosen delivery media, be that Zoom, Facebook Live, YouTube, Skype, Microsoft Teams, Google Meet or any other media chosen by us at our absolute discretion.  We reserve the right to change the media route from time to time. Where you are not able to access the Live Asset Valuation Labs or any other live events, because you cannot access our chosen media route, you will not be entitled to any full or partial refund of your subscription.