Terms & Conditions
Last Updated on April 24th, 2023
Welcome to our website. By using or browsing our website, you agree to our terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. Our full website usage terms are available here.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

The owner of this website Kristin Mark Digital Ltd (Cpy No. 07418628) and its directors, partners, agents, and employees assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this website.

WHEREAS Service Provider has the capability and capacity to provide certain services, including but not limited to, coaching and consulting and otherwise assisting Customers’ needs in order to originate and grow and scale e-commerce websites with online training, tools, techniques, tactics, technologies, downloadable materials, streaming videos, growth academy training modules, live coaching and consulting and bonuses as more particularly outlined in Service Deliverables attached hereto; and outlined here:

https://ultimateretailpro.com/ecommerce-marketing-course
https://ultimateretailpro.com/ecommerce-coaching

The intention of the information we share and post on the website is for informational and promotional purposes only. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The Privacy Policy outlines how we may collect, use, and share information about you when using our website, together with products and services we offer from time to time on our website and social media pages, including, but not limited to, blog posts, Instagram, YouTube, TikTok, Facebook, LinkedIn, Twitter, and Podcast. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website uses cookies and pixel tags to collect information about the usage of our website. This information is used to help us personalize your experience on our website, and does not contain personally identifiable information. You may delete, block and/or refuse cookies from your browser settings, or you may elect to be notified before cookies are placed.

This site is not a part of the Facebook website or Facebook Inc. Additionally, this site is not endorsed by Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc.

The website and Kristin Mark Digital Ltd abide by all relevant UK laws in all aspects of our operations.

By accessing and using the website, there is no client-professional relationship created between you and Kristin Mark Digital Ltd ("Company") and/or Kristin Mark. You will only be a client once you enroll in our Coaching Program.

The Ultimate Retail Pro Ecommerce Marketing Course & Coaching Program offers you the opportunity to invest in yourself and your personal development with our frameworks, our tools, our materials and technologies, and access to Kristin Mark through a series of video training lessons and live group coaching sessions throughout the Program. The Training Course & Coaching Program may include online education and training from invited members outside Company, access to online groups and communities, opportunities to learn from Kristin Mark through virtual events or seminars, exclusive bonus materials, or other opportunities. The Company may at any time remove, amend, or replace any of the services and benefits made available as part of the Coaching Program, and you agree and accept that such addition, removal, amendment, or replacement will not nullify the legal effect of this Agreement.

The following Terms and Conditions govern the Agreement between the client (“You”) and Company, with a registered offices at 2 Clifton Moor Business Village, James Nicolson Link, York, YO30 4XG with VAT number 101965825 (“Effective Date”).

In addition to this Agreement, the Company may set standard operating policies and procedures, community participation guidelines and program completion requirements that would govern the delivery of the Ecommerce Marketing Course & Coaching Program.

Payments

If you enroll in the Ecommerce Marketing Course & or Coaching Program, certain data is required to fulfill your request, such as credit card numbers, expirations, security codes, billing information and mailing address, which will be processed through a third-party payment program. This information will not be shared intentionally with any party other than the third-party programs responsible for processing your payment and procuring payment to us. You agree that all information that you provide to Kristin Mark Digital Ltd or such third party vendors will be true, accurate, current and complete.

You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.

Upon enrollment, You agree to pay to the Company the full purchase amount for the Ecommerce Marketing Course & or Coaching Program, regardless of what payment option You select at checkout or agree upon purchase.

The Company offers payment options at the time of purchase, so you can either pay in full or in monthly installments. If You opt for a payment plan, You will be responsible for paying the remaining invoices unless You obtain a refund through our Refund Policy outlined below.

You authorize the Company to automatically charge Your credit card or account used at checkout to complete all payments pursuant to the payment plan You selected at checkout or agree upon purchase, and You do not require separate authorization for each payment.

Subscriptions

You may cancel your monthly subscription at ANY time, you must notify us in writing via email support@kristinmarkdigital.com. Please allow us 48 working hours to process your cancellation request. Please provide as much time as possible prior to your renewal date to avoid further recurring billing charges.

If you purchase our subscription based products, you agree to pay, and authorize automatic recurring billing of the subscription fee with your credit card, paypal or other payment methods, until subsequently cancelled by you. Your account will be charged every 30 days. You understand and agree that each automatic recurring billing of the subscription fee is non-refundable and will not be prorated as the service is deemed used when accessed. You authorize Company to initiate debit entries from the account provided for the subscription fee, as well as any other purchases made on the Site. You may cancel at any time by contacting Customer Support: support@kristinmarkdigital.com

Refund policy

If you advise the Company by notice in writing NO LATER THAN 14 DAYS OF YOUR PURCHASE OF THE E-COMMERCE GROWTH ACADEMY COURSE, OR ENROLLMENT IN THE COACHING PROGRAM that you do not wish to continue with the Training Course, AND you can prove that you have implemented the training in accordance with my exact instructions and you are unhappy with the outputs, then this agreement shall be at an end and we shall refund to you all monies you have paid to us under this agreement (14 days money back guarantee) minus any costs incurred in implementing the refund such as admin fees and bank charges. NO REFUND WILL BE ALLOWED AFTER 14 DAYS.

We do not offer partial refunds for our Coaching Program under any circumstances as we cannot refund you time after the 14 days.

Commitment to the Course & Program

By entering into this Agreement, You commit and agree to faithfully execute all of the lessons, assignments, and course work in the Coaching Program to the best of Your ability. You further agree to attend all scheduled events or seminars, and live training sessions included as part of the Ecommerce Marketing Course & Coaching Program. You also acknowledge that creating results requires tremendous effort and that You are prepared and committed to faithfully make that effort.

Results and Success Stories - Limited Liability

All of the Success Stories on our website are from a small selection of actual clients. Their written and video testimonials showcasing amazing results are authentic. These results are a product of hard work, discipline and commitment to the Ecommerce Marketing Course & or Coaching Program (section 3). The Company offers NO GUARANTEE for specific results you will get from enrollment in the Ecommerce Marketing Course & or Coaching Program. Everyone is different and everyone's success is different and depends on numerous factors, including, but not limited to, Your own drive, dedication, the products you sell, the price you sell them at, your business model and your and motivation to execute the actionable training lessons.

Inclusion of any Success Stories on our website is not meant as a promise or guarantee of Your own success. Success Stories showcase the results that are possible through active participation in the Course and Coaching Program. We do everything within our means to help you succeed, but ultimately your ability to achieve the results you desire in your career depends on a multitude of factors, predominantly You taking full responsibility for Your own success.

The Company is not liable for any actions you take or do not take based on the information we provide or insights provided in the Ecommerce Marketing Course & Coaching Program. Furthermore, the Company makes no guarantees whatsoever regarding any results based on any action or inaction relating to your life, potential income, professional relationships or career growth based on the materials we share or mentorship we provide through the Ecommerce Marketing Course & Coaching Program.

Termination

The Company reserves the right to, at its sole discretion, without notice and without liability to You to terminate Your Ecommerce Marketing Course & Coaching Program registration, disbanding Your access to community, and course materials with no refund, if You violate the Terms of this Agreement or if You fail to pay any of Your payments when due. In the event of termination, You are no longer authorized to access the Growth Academy content, community, or coaches, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms and Conditions shall survive termination. Any lifetime licenses granted for the use of our world-exclusive OS 2.0 theme and product filter technologies will be revoked immediately if you are using them.

Confidentiality

Subject to the Terms and Conditions herein, only You are being granted access to the Ecommerce Marketing Course & Coaching Program, and during the Program you will be exposed to the Company's proprietary and/or confidential information (collectively “Confidential Information”).

Unless specifically and expressly authorized by the Company, You shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of the Company's Confidential Information, including, but not limited to, course materials (whether in electronic form or made available to You in private social media groups, or otherwise), call recordings from coaching sessions or live training sessions, course documentation, teaching techniques, data, formulas, methods presented, processes, other education and Coaching Program materials, intellectual property, or any login member credentials.

You warrant, represent, and agree to (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as You use to avoid unauthorized use, disclosure, or dissemination of You own confidential information of a similar nature, but not less than reasonable care; and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement. The Company (or its licensor) shall at all times retain all rights, ownership, title, and interest in any Confidential Information.

Intellectual Property

You acknowledge that any and all intellectual property, including -- but not limited to, Confidential Information, audio and visual presentations, course materials, call recordings from coaching sessions or live training sessions, course documentation, teaching techniques, data, formulas, methods presented, processes, and any other materials or elements associated with the Coaching Program (collectively the “Intellectual Property”) -- is the sole intellectual property of the Company and may be used for marketing purposes and as such, you grant permission for use.

You acknowledge the Intellectual Property provided to You as education, is confidential and proprietary to the Company. You agree that You shall not communicate or make available the teachings, materials or information acquired or learned from the Company to any other person. Violation will result in the immediate removal from the Ecommerce Marketing Course & Coaching Program.

Any and all trademarks or service marks that the Company uses in connection with services rendered by the Company are marks owned by the Company. This Agreement does not grant You any right, license, or interest in such marks or Intellectual Property, and You shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.

Testimonials, Reviews, and Pictures or Video

Kristin Mark Digital Ltd is pleased to hear from users and clients and welcomes your comments regarding our services and products. The Company may use testimonials and/or product reviews in whole or in part together with the name, job title, and company of the person submitting it. Testimonials may be used for any form of activity relating to KMD LT services or products, in printed and online media, as the Company determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and clients submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Your results will vary depending upon a variety of factors unique to your career and market forces beyond our control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant the Company a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Additionally, the Company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. The Company shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

Indemnification

YOU will, at your own expense, defend, indemnify, and hold the Company, its directors, partners, agents, training coaches, employees, and other representatives harmless from any and all claims, damages, injuries, losses, costs, and other expenses (including any and all legal fees and other expenses incurred in investigating or defending against any claim, action, lawsuit, demand, administrative proceeding or investigation, whether commenced or threatened), that arise directly or indirectly out of Your breach of this Agreement and/or YOUR access or participation in the Coaching Program.

Governing Law and Arbitration

For all Customers located within the United States: This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, Florida law, (including its statutes of limitations), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of Florida law.

For all Customers located outside of the United States: This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, English law, (including its statutes of limitations), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of English law.

Non-Transferability

Your enrollment in the Coaching Program is personal to You, and is non-transferable to another person, whether spouse, partner, members in your family, same household, or any other related parties. You may not assign or transfer any rights or obligations under this Agreement to another party.

The Company reserves the right to amend this Agreement from time to time without your prior consent. You are bound by any changes made after the publication of the changes on our website.

Attorneys' Fees

In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.

WAIVER OF JURY TRIAL

EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Counterparts

This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary in 12, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Force Majeure

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Customer to make payments to Service Provider hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) any uncontrollable third party actions which affect Service Provider’s ability to perform the Services; (f) embargoes or blockades in effect on or after the date of this Agreement; and (g) national or regional emergency; and (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities; and (j) other similar events beyond the reasonable control of the Impacted Party.

THE IMPACTED PARTY SHALL GIVE NOTICE WITHIN 7 DAYS OF THE FORCE MAJEURE EVENT TO THE OTHER PARTY, STATING THE PERIOD OF TIME THE OCCURRENCE IS EXPECTED TO CONTINUE. THE IMPACTED PARTY SHALL USE DILIGENT EFFORTS TO END THE FAILURE OR DELAY AND ENSURE THE EFFECTS OF SUCH FORCE MAJEURE EVENT ARE MINIMIZED. THE IMPACTED PARTY SHALL RESUME THE PERFORMANCE OF ITS OBLIGATIONS AS SOON AS REASONABLY PRACTICABLE AFTER THE REMOVAL OF THE CAUSE. IN THE EVENT THAT THE IMPACTED PARTY'S FAILURE OR DELAY REMAINS UNCURED FOR A PERIOD OF 30 DAYS FOLLOWING WRITTEN NOTICE GIVEN BY IT UNDER THIS SECTION 26, THE OTHER PARTY MAY THEREAFTER TERMINATE THIS AGREEMENT UPON 7 DAYS' WRITTEN NOTICE.

Should you have any questions, comments, or concerns regarding our Terms and Conditions and Privacy Policy, please email us at support@kristinmarkdigital.com.