Terms & Conditions

This website is owned and operated by Brian Cha Motivation (BCM), a branch of MoooFit Limited. By using any of the websites owned by MoooFit Limited, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of these websites or to products and services available through these websites or from Brian Cha Motivation (BCM). Accessing any of these websites, in any manner, whether automated or otherwise, constitutes use of these websites and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on the use of these websites from time to time, in which case we will post the revised Terms of Service on the relevant websites. By continuing to use these websites after such changes, you accept the Terms of Service as modified.

Intellectual Property Rights

This Site and all materials available on the Site are the property of Brian Cha Motivation (BCM) and/or its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site and its materials are provided solely for your personal, non-commercial use. Unauthorized use constitutes an infringement of our rights. Unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute any material from the Site in any manner or medium (including by email or other electronic means). You may download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you represent that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material, and that you are eighteen years of age or older. When you submit, email, text, deliver, or post any material, you grant us and our authorized parties a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material for any purpose. This grant includes the right to exploit any proprietary rights in such posting or submission, including rights under copyright, trademark, service mark, or patent laws. You grant us and our authorized parties the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that Brian Cha Motivation (BCM) has the right, but not the obligation, to use and display any postings or contributions of any kind and may elect to cease the use and display of any such materials at any time for any reason.

Limitations on Linking and Framing

You may establish a hypertext link to the Site as long as the link does not state or imply any sponsorship of your site by us or by the Site. You may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate any of our materials into another website or service.

Disclaimers

Throughout the Site, we may provide links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through those sites. We do not operate or control any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Brian Cha Motivation (BCM). Neither Brian Cha Motivation (BCM) nor any third-party information providers guarantee the accuracy, completeness, or usefulness of any content. Furthermore, Brian Cha Motivation (BCM) neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized Brian Cha Motivation (BCM) representative while acting in their official capacity.

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY MOOOFIT LIMITED AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

You agree at all times to defend, indemnify, and hold harmless Brian Cha Motivation (BCM), its affiliates, successors, transferees, assignees, licensees, and their respective partners, subsidiary companies, agents, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

All images on this site are for reference only and may differ from the actual product or service. Brian Cha Motivation reserves the right to make changes to them at any time.

No Financial Advice

All services provided by us, including any form of programs, on-site courses, online courses, telephone or video consultation services, whether offline or online, and other paid or free courses or services, do not constitute financial advice. All content and syllabus discussed in our courses, programs, events, seminars, etc. (“Courses”) are for informational purposes only, and nothing in the Courses shall be construed as professional, medical, legal, tax, investment, or financial advice. We do not solicit, recommend, endorse, or offer to buy or sell any stock, securities, or any other investment products. You are solely responsible for evaluating the relevant risks and benefits and making your own decisions based on the information in the Courses. By enrolling in the Courses or any programs, you agree not to hold Brian Cha Motivation (BCM), its affiliates, or any third-party service providers cooperating with our company liable for any possible claim for damages arising from any decision you make based on the information or content provided in the Courses.

No Guarantee of Earnings and Results

You understand and agree that we do not guarantee any specific results from using the techniques, advice, concepts, tools, templates, or any other content provided in the course or services, including but not limited to relationship outcomes, financial outcomes, health, happiness, or any other target results. We make no guarantees, warranties, or promises regarding future earnings, relationship success, health improvements, or overall well-being, and our courses or services are not “get-rich-quick schemes” or “guaranteed success programs.” Your level of success depends on many factors, including your personal skills, knowledge, commitment, initiative, business acumen, and financial situation. Because these factors vary among individuals, we cannot guarantee your success, income level, relationship outcomes, health improvements, or any other results. You are solely responsible for conducting thorough evaluations of your actions and the outcomes of your life and business. Any concepts or suggestions outlined in the course or services are merely examples and are not commitments or guarantees of future potential. We do not provide any professional, medical, legal, tax, investment, financial, or any other form of professional advice.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Brian Cha Motivation (BCM), including all related and/or associated companies, its employees, agents, franchisees, partners, and any other direct or indirect third parties, from any and all claims, liabilities, demands, lawsuits, legal proceedings, and/or prosecutions, as well as any and all responsibilities, losses, expenses (including attorney’s fees and costs), and damages arising directly or indirectly from, related to, or in any way connected with:

Your usage, access, or subscription to any of our services, products, websites, tools, and/or other available resources (such as e-learning platforms, mobile applications, and software);
Any illegal, unauthorized, or improper access or use by you of our services, products, websites, tools, and/or other resources (such as mobile applications and software);
Your registration, attendance, and/or participation in any of our courses, as well as any use, application, or actions taken by you based on the course content and syllabus;
Any other unauthorized acts, negligence, or any breach, intentional misconduct, or violation by you of any terms and conditions and policies of Brian Cha Motivation (BCM).

Online Commerce

Certain sections of the Site may allow you to purchase various types of products and services online provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information you provide as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that differ from ours. We have no responsibility or liability for these independent policies. Additionally, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit the merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that Brian Cha Motivation (BCM) shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as a result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.

If payment for a course is declined, our system will automatically disable access to our premium materials. We understand this usually happens because a credit card expires. We will make every attempt to contact you to resolve this issue and restore your access once the billing issue is resolved.

Interactive Features

This Site may include a variety of features, such as bulletin boards, blogs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, blogs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user. You alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the website.
Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Brian Cha Motivation (BCM) may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats, or other public forums in the future. Brian Cha Motivation (BCM) or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Brian Cha Motivation (BCM) staff, Brian Cha Motivation (BCM)’s outside contributors, or by users not connected with Brian Cha Motivation (BCM), some of whom may employ anonymous user names. Brian Cha Motivation (BCM) expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of Brian Cha Motivation (BCM) or any of its subsidiaries or affiliates.

Brian Cha Motivation (BCM) has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. We reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.

We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information, including your gender, year of birth, zip code, and country. If you elect to sign up for a particular feature of the Site, such as chat rooms, blogs, or bulletin boards, you may also be asked to register with us on the form provided, which may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.

Participation in Any Program or Service

By completing and submitting the Registration Form and/or by participating in any other products, services, and programs, you acknowledge that you have read and understood, and agree to be bound by our Terms and Conditions as set forth herein and other incorporated policies. You understand and agree that we may update or revise the Terms and Conditions herein at our sole discretion from time to time without notice to you, and you assume full responsibility to review the Terms and Conditions periodically. Your continued participation in the Program will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in any programs, products, and services.

Third Party

In delivering the Program, we may partner with and/or appoint independent subcontractors or third-party service providers/organizations (the “Partner Organizations”) to enhance your learning experience and facilitate your participation in the Program. You hereby expressly agree that our obligation to you is to use reasonable care in selecting competent Partner Organizations to provide relevant services related to the Program, such as video and audio conferencing, collaboration, chat, etc. Brian Cha Motivation (BCM) is not responsible for any acts of negligence, actions, or omissions of such Partner Organizations.

By using the services provided by such Partner Organizations, it may be a requirement for Participants to provide their personal data and information to one of our Partner Organizations or to comply with their respective terms and conditions of service. For some of these Programs, you may not be able to participate without agreeing to the third-party terms. When you participate in a Program supported by a Partner Organization, you are taken to agree to that party’s terms and conditions, as well as their privacy policies. Otherwise, you will be taken to agree to that party’s terms and conditions when you use the particular service or function (including but not limited to Programs, video conferences, chat subject forums, or calendar booking functions).

These Partner Organizations could be based anywhere in the world, including the United States of America, Singapore, and certain countries in Asia, Europe, and other parts of the world. You will be subject to the relevant Partner Organization’s terms of service and privacy policy, which will be available on their website.

If the platforms or websites used for the Program contain links to other third-party websites, your access to those sites will be covered by terms between you and the operator of those platforms or websites. We do not control what is on those pages or in any third-party content online and we shall not be responsible for any of their content, products, or services, including links or other functionality like e-commerce. If you have questions or concerns about those third-party pages or content, you should contact the relevant owner or operator of that website or platform.

Intellectual Property Rights to the Program

All intellectual property rights in and to the Program (including trademarks, service marks, trade names, logos and designs, images, source codes, whether registered or unregistered), the Program content (including techniques, tools, charts, tables, processes, strategies, and terminologies expressed in all materials), and all materials (including literary works, downloadable materials, worksheets, notes, books, course books and workbooks, videos, and audio) provided, taught, shared, or distributed at or in connection with the Program belong to Brian Cha Motivation (BCM) and/or its affiliate(s) and remain vested in Brian Cha Motivation (BCM) and/or its affiliate(s) respectively. You undertake and agree:

That the Program content and all materials provided, taught, shared, or distributed at or in connection with the Program are intended solely for the use of immediate Participants who have paid for the Program;
Not to disclose, discuss, or make available any Program content or any material provided, taught, shared, or distributed at or in connection with the Program via any medium or method including social media, WhatsApp, discussion forums, public postings, message boards, private emails, or blogs;
Not to use, deliver, record, duplicate, reproduce, republish, modify, translate, adapt, or otherwise distribute, redistribute, license, or sublicense the Program content and any material provided, taught, shared, or distributed at or in connection with the Program for the purpose of personal financial gain or otherwise, including for use as part of any event (including but not limited to seminars, training programs, workshops), or for use in the Program of rendering consultancy services or similar business activities that you may, whether directly or indirectly, be involved in;
Not to disassemble, decompile, recompile, or reverse engineer any software forming part of the Program or create derivative works based on the whole or any part, or which incorporate the Program into any software programs or applications;
Not to create, partner, or associate with any person, any kind of product or services related to Brian Cha Motivation (BCM), including but not limited to the creation, publication, and/or distribution of e-books, special reports, audio or video files, public postings of content, or any other materials related to the Program; and
Not to use, reproduce, modify, or adapt, or allow anyone to use, reproduce, modify, or adapt, any trademark, trade name, logo, or design appearing at the Program, in any Program content, and/or in any material provided, taught, shared, or distributed at or in connection with the Program.

You further agree not to distribute, modify, transmit, or use the trademarks, logos, and other distinctive signs, Program content, or any material provided, taught, shared, or distributed at or in connection with the Program in any manner for public or commercial purposes without prior written permission from Brian Cha Motivation (BCM). You may request Brian Cha Motivation (BCM)’s permission, and Brian Cha Motivation (BCM) may grant permission to authorize such commercial uses for a yearly licensing fee. Breaches of any of the terms contained herein and any other uses for unauthorized purposes without our prior written consent will constitute an infringement of either Brian Cha Motivation (BCM)’s copyright or other intellectual property rights, and/or the copyright or other intellectual property rights of Brian Cha Motivation (BCM)’s licensors. Nothing contained in these Terms and Conditions shall, by implication, estoppel, or otherwise, be deemed to give you any legal or beneficial right or license to use, copy, or otherwise exploit in any way any intellectual property contained in the content of the Program and/or the materials provided, taught, shared, or distributed at or in connection with the Program, all of which shall at all times remain the exclusive property of Brian Cha Motivation (BCM) and/or its affiliate(s) respectively.

Audio/Visual Release

By participating in the Program, you acknowledge and agree to grant Brian Cha Motivation (BCM) and/or its associates or affiliates the right and permission to record, film, photograph, or capture your likeness and voice in any media or format now available and hereafter developed and to market, advertise, distribute, broadcast, use, or otherwise disseminate globally, in perpetuity, such media (which may include your name, likeness, voice, biographical details, photographs, and testimonial), in any media or format, online and/or offline, without any further permission or approval from you and without any payment to you. This grant to Brian Cha Motivation (BCM) includes the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media. For the avoidance of doubt, Brian Cha Motivation (BCM) owns all the exclusive rights over and in relation to any audio, video, and/or photographs captured at the Program.

The Participant shall not ask for or expect payment, remuneration, or compensation of any kind whatsoever for the use of recordings or photographs in which the Participant appears or speaks. You are not permitted to, under any circumstances, record, film, photograph, or capture any audio or video footage of the Program or during any session within the Program. Brian Cha Motivation (BCM) reserves the right to request Participants who violate this provision to delete the footage, discontinue the use of the recording device, and/or remove the Participant from the Program immediately without any refund or compensation of any kind whatsoever.

Force Majeure

In no event shall we be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond our control, including but not limited to acts of God, epidemics, pandemics, natural disasters, lightning, floods, exceptionally severe weather, fire, explosion, war, acts of terrorism, civil disorder, industrial disputes (whether or not involving our employees), any existing or future laws, rules, regulations, restrictions, or acts of any government (including any orders, rules, or regulations issued by any official or agency of such government) or other competent authorities, failure or diminishment of power or telecommunications or data networks or services, hostile network attacks or cyber-attacks, failures or default of third-party software, interruptions or breakdowns, loss or malfunctions of utilities, communications or computer (software and hardware) services, refusal of a license by a government agency, or other events beyond our reasonable control that would delay or prohibit our obligations hereunder. We shall use our best efforts to provide a Replacement Program (“RP”) or a Varied Program (“VP”) where reasonably practicable.

Emergency Situation

Without prejudice and subject to the Clause of Force Majeure, if Brian Cha Motivation (BCM) is delayed, prevented, or hindered from delivering any parts of the Program or the performance of its obligations under this Contract of Sale due to an Emergency Situation other than the events covered under Force Majeure, as determined in good faith through the reasonable and sole discretion of Brian Cha Motivation (BCM), Brian Cha Motivation (BCM) hereby expressly reserves the right, in its sole discretion, to provide a Replacement Program (“RP”) or Varied Program (“VP”) as it deems necessary, without penalty or compensation, and without being liable to any Participant in any way whatsoever.

Replacement Program (“RP”) and Varied Program (“VP”)

In the event that the package of the Program includes a Live Event, which requires the physical attendance of a participant, but the Live Event cannot be conducted due to Force Majeure or an Emergency Situation as defined, a Replacement Program (“RP”) may be provided where a Live event is replaced with a LiveStream event. You hereby expressly acknowledge and agree that under those circumstances, Brian Cha Motivation (BCM) reserves the absolute right in its sole discretion to convert that Live Event into a LiveStream and to deliver that Live Event virtually, online, and/or over the internet, without penalty or compensation, and without being liable to any Participant in any way whatsoever.

If a Force Majeure or Emergency Situation arises, we may provide a Varied Program (“VP”), which may include changes to the:

Time(s), date(s), venue(s), or location(s) of the Program;
Mode of delivery and/or platform of the Program;
Partner Organizations, platform, and/or service provider that hosts or publishes the Program;
Instructor of the Program.

For the avoidance of doubt, strictly no refunds, partial or in full, will be allowed in the event that an RP or VP has been offered to the Participant if the RP or VP is scheduled within 24 months from the original date of the Program.

Replacement or Substitution of Instructor

You acknowledge that the Program fees are paid solely for your attendance in the Program and your access to its materials, content, and syllabus. This fee does not in any way represent a guarantee of any particular individual as the Instructor of the Program. We expressly reserve our right to assign, substitute, and/or replace the instructor of the Program at our sole discretion, even if an instructor had previously been listed and/or announced as the instructor of that particular Program, provided that the newly assigned instructor is qualified to teach that Program. In the event that an instructor has been replaced and/or substituted, and a new qualified instructor has been assigned to teach that Program, strictly no refunds will be allowed under these circumstances.

Cancellation and Refund Policy

By making a payment, you acknowledge and agree that refunds will only be considered in cases of natural disasters, war, floods, earthquakes, national emergencies, or any political factors that prevent participation in the Program. Participants must submit a refund request with appropriate documentation via email to support@brianchamotivation.com no less than eight (8) weeks prior to the commencement date of the Program. For all courses, programs, or services, whether online or offline, and whether provided by us or in collaboration with our affiliates or partners, no refunds, whether full or partial, will be given once payment is made, including deposits, except under the aforementioned exceptional circumstances. To initiate your refund request, you are required to submit a Refund Request via email to support@brianchamotivation.com in accordance with the stipulated time frame herein. You will be notified within 30 days if your request has been successful, and your refund will be processed within 30 days from the date of approval.

Brian Cha Motivation (BCM) expressly reserves the right to cancel, discontinue, merge, combine, replace, or substitute the Program with other programs of similar content and value on any platform of its choice. In the unlikely event of any cancellations by Brian Cha Motivation (BCM) without providing a Replacement Program (“RP”) or Varied Program (“VP”), you may request a credit transfer of the fees paid to another program, and the above clauses shall apply; however, any applicable administration and/or processing fee shall be waived. You understand and agree that you shall not be entitled to any claims for any losses or damages which you may suffer or incur, directly or indirectly, arising as a result (including consequential losses or damages) from the cancellation, discontinuation, merging, combining, replacing, and substitution of the Programs.

Assignment and Violation

You are not allowed to assign or transfer any of your rights under these Terms and Conditions to any other person. We may assign our rights under these Terms and Conditions to our affiliate(s) where we reasonably believe your rights will not be affected. You expressly agree and acknowledge that your access to the Program is personal, non-commercial, and exclusive to you and you are not allowed to share or transfer your rights to access the Program to any other person. Brian Cha Motivation (BCM) reserves the right to monitor IP addresses that are used to access the Program and your access is subject to review at any time by Brian Cha Motivation (BCM) for the purposes of ensuring compliance with our Terms and Conditions and other applicable policies. You understand, acknowledge, and agree that Brian Cha Motivation (BCM) reserves the right, without any liability, to restrict, refuse or limit your participation, and/or revoke your access to the Program and any other webinars, seminars, trainings, courses, programs, coaching sessions and/or meetings, or more serious consequences, up to and including suspension and cancellation of your account at our sole discretion, with or without notice or liability of any kind, if we have reasonable grounds to believe that:

You have breached or if you are suspected to or have attempted to engage in any activities that violate the terms set forth herein;
You are suspected to have breached any of our copyright and intellectual property rights;
You are suspected to or have attempted to interfere with the proper operation of the Program;
Any suspected or attempted breach of security and/or use of certain security compromising tools including but not limited to, password guessing programs, cracking tools, or network probing tools;
If we detect any suspicious account activities from multiple IPs logging in simultaneously at the same time, or any other activities that may indicate that your access to such Programs may have been unlawfully shared with third parties.

If your access to the Program has been terminated on these grounds, strictly no refunds will be allowed and we reserve all rights to pursue legal action against any infringements. In such cases, you will not be entitled to any refund or compensation of any kind whatsoever and you may also be subject to federal, state, and local laws for such violation. If we become aware that your access to the Program has been shared with unauthorized third parties, in addition to our rights to terminate your access to the Program with or without further notice or warning at any time and to recover the Program fee from you, we expressly reserve the right to pursue any and all available legal actions, including but not limited to, instituting formal litigation proceedings against you, without prejudice to any other rights or remedies available to Brian Cha Motivation (BCM). You understand and agree that you will be liable for any attorney’s fees and costs incurred and all legal claims and causes of action arising out of such violations.

Attendee’s Conduct

We require the Participant to be respectful and professional to our staff, location hosts, speakers, and other attendees and their guests or families throughout the Program, even during non-scheduled downtime and breaks. We reserve the right to request the Participant and/or their guests to leave the conference room or any related group immediately should they be deemed rude, uncooperative, unprofessional, intoxicated, in possession of alcohol or any illegal substance, causing distress or inconvenience to any person, or disrupting the normal flow of the Program. In such cases, the Participant’s tuition/fees for the Seminar will not be reimbursed under any circumstances, and they will not receive any future products, services, or correspondence from us. The Participant will also not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.

Miscellaneous

You represent and warrant that you are over the age of 18 and have the right to contract in your own name. All notices or other communications to be given under these Terms and Conditions must be made in writing and shall be delivered by hand, by commercial courier, by registered mail, or sent by facsimile or email to your and Brian Cha Motivation (BCM)’s address and email address specified in the Registration Form. If any of these Terms and Conditions are determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid, or unenforceable, it shall be severed and deleted from these Terms and Conditions, and the remaining terms and conditions shall survive and continue to be binding and enforceable.

To the fullest extent permitted by law, the Participant hereby agrees to indemnify, defend, and hold Brian Cha Motivation (BCM) harmless from any and all claims, debts, demands, suits, actions, proceedings, and/or prosecutions, and any and all liabilities, losses, expenses (including attorney’s fees and costs), and damages incurred directly or indirectly, arising from the breach of any provisions in these Terms and Conditions and other incorporated policies, infringement of any intellectual property rights, and/or violations of any provisions of law in connection with the transaction contemplated under this Contract of Sale.

AutoClients.io CRM System

By signing in and using the AutoClients.io CRM system (app.autoclients.io), you acknowledge and agree that we have access to and may monitor all activities performed within the system. This access is crucial to ensure system integrity, security, and compliance with our terms of service. Users must comply with all applicable laws and regulations while using the system. Unauthorized use or activities violating these terms will result in account suspension or termination. Brian Cha Motivation™ is committed to your success and will provide the necessary support to help you achieve your goals. By adhering to these terms, you maximize your chances of success and benefit from our extended support system.

Any express or implied waiver to perform any obligation under these Terms and Conditions will not prevent the subsequent enforcement of them. These Terms and Conditions shall be governed by the laws of Hong Kong, and you hereby irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.