Terms and Conditions 

DEVELOPMENT PRODUCT TERMS

 

These terms and conditions ("Terms") together with our Privacy Policy (detailing our use of your personal information) and our Terms of Website Use tell you information about us and the legal terms and conditions on which we provide our coaching and development products ("Development Products") listed on our website www.Actuateglobal.com (our "Website") to you.

References to "Actuate", "we", "us" and "our" refer to Actuate Global Limited Part of InTouch Inc and to "you" and "your" are to you, the member. 

These Terms apply to your purchasing, booking and participating in our Development Products, these include:

  • Coaching Packages;
  • LinkedIn Rewrite Services;
  • Resume Writing Services (Gold and Platinum);
  • Analytical Psychometrics; and
  • Networking Events.
  • Plus any Development Products that incorporate any of the above.

These Terms apply to the contract between us relating to our provision of, and your use of the Development Products only (the "Contract").  The terms and conditions that apply to our Membership Services can be found at ActuateGlobal.com.

Please take the time to read these Terms before purchasing any of our Development Products, as they include important terms which apply to you.  Please note that by purchasing our Development Products, you agree to be bound by these Terms and the other documents expressly referred to in them.  Before purchasing our Development Products you will be asked to agree to these Terms.  If you do not accept these Terms, you will not be able to purchase the Development Products. 

When purchasing our Development Products on our Website, please click on the button marked "I Accept" when completing your registration if you accept these Terms.

When you purchase our Development Products by telephone with one of our Career Transition Experts they will refer to these Terms as applying to the Development Product.

We may amend these Terms from time to time.  You should keep a copy of these Terms for future reference.  These Terms are only available in the English language.

Depending on which of the Development Products you purchase, certain clauses in these Terms may not apply as follows:

  • Clauses 1 to 5 and 10 to 12 shall apply to all Development Products
  • Clause 6 shall only apply to Writing Services (as defined in clause 6)
  • Clause 7 shall only apply to Coaching Services
  • Clause 8 shall only apply to Analytic Psychometric Services
  • Clause 9 shall only apply to Networking Events

Key Terms

  • You have the right to cancel the contract at any time in accordance with these Terms, however in certain circumstances, a deduction from any money that may be refunded may be taken.
  • Certain Development Products have timescales during which you must supply information or receive the Development Products and if you do not comply with these timescales you may lose your right to receive the Development Product or any relevant part of it.
  • We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms. However, please note that we will not be liable for an amount that exceeds the price of the relevant Development Product and you should pay particular attention to clause.

1     Information about us

We are Actuate Global part of InTouch Inc, a privately held company registered in Delaware, and our registered address is at 227 West Monroe Street, 21st Floor, Chicago IL 60606.

2      Contacting us

2.1     If you wish to contact us for any reason, the best way to do so is by email at  clientsuccess@actuateglobal.com or hello@actuateglobal.com, or by using our Contact Us form on the Website or using our live chat "Help" function on our Website.

2.2      If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you purchase a Development Product.

3         Registration and contracting process

3.1       You can purchase and/or register to use our Development Products by one of three methods:

3.1.1     via our Website – our Website pages will guide you through the steps you need to take to register for and purchase our Development Products.  You need to provide your full name, email address and phone number you are responsible for ensuring that these details are complete and accurate.  After providing this information one of our development managers will contact you on the details you have provided to register for your required Development Product. 

3.1.2      by telephone – you can also register for and purchase Development Products over the phone by calling us on +1 (312) 598-2800.  One of our Career Transition Experts will take you through the process by telephone and you will need to provide the same information as during a Website registration. 

3.2        You may also register your interest in our Development Products (without purchasing them) via our Website, or by telephone by providing the information referred to in clause 3.1.1.

3.3       After you purchase a Development Product you will receive an email from us acknowledging and confirming your purchase ("Confirmation"). 

3.4       Your purchase is only complete when we send you the Confirmation at which point the Contract will come into force.  Please ensure that you check your "spam" folders as sometimes messages can get caught by filters.

4          PRICE AND PAYMENT

4.1          The price of the Development Products will be the price indicated:

4.1.1       either on the order pages of our Website if you placed your order through our Website; or

4.1.2       advised to you by our Career Transition Expert if you placed your order by telephone.

4.2           We use our best efforts to ensure that the price of the Development Product you purchase is correct but from time to time our development manager may make mistakes when quoting prices to you by telephone, and/or our Website may display an error in pricing.  If this happens and is due to our genuine mistake we will follow this up and confirm the correct price with you at which point you can either agree to purchase the relevant Development Product at that correct price or not.  If you still wish to proceed with the purchase of the Development Product then the Contract shall be concluded with you in accordance with clause 3.2 but if you do not wish to continue with the purchase of the Development Product then no contract shall come into force with you.

4.3             Unless otherwise agreed in writing by us, the price of the Development Product must be paid in full before we will supply the Development Product.  If the price (or any relevant part of it, where we agree to instalment payments) is not paid in full (or, where appropriate, on the relevant due date) then we may delay supplying the Development Product (or, if the Development Product is a course or workshop, prevent you from attending) until it is and we will not be liable to you for any loss you suffer as a result.

4.4              If we agree to allow you to pay in instalments and you fail to make payment of a relevant instalment when due then, in addition to our rights set out in clause 4.3, we may deem the Contract to be cancelled by you and:

4.4.1             in the case of the Writing Services, you shall be required to pay the Fees in full,

4.4.2             in the case of the Coaching Packages, clause 7.6 shall apply

4.4.3             in the case of Event(s), clause 9.3 shall apply.

4.5                We accept payment by credit or debit card, cheque or bank transfer. 

4.6               Payment will be due on formation of the Contract unless otherwise agreed. If you do not make any payment to us on any agreed dates we may (in addition to any other rights we may have under clauses 4.3, 4 or otherwise) charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Federal Reserve System (FED) from time to time or 4% during any time when such base lending rate is less than 0%.  This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.  You must pay us interest together with any overdue amount. 

5           OUR AND YOUR GENERAL OBLIGATIONS

5.1           In providing the Development Products we shall provide the Development Products with reasonable skill and care.

5.2           You have legal rights in relation to services not carried out with reasonable skill and care, or if not as described.  Advice about your legal rights from your local Better Business Bureau.  Nothing in these Terms will affect these legal rights.

5.3           You agree that you shall:

5.3.1         co-operate with us in all matters relating to the Development Products;

5.3.2         provide us with such information and materials as we may reasonably require in order to supply the Development Products, and ensure that such information is complete and accurate in all material respects;

5.3.3         not use the Development Products:

5.3.3.1       for any purpose that is unlawful;

5.3.3.2       to commit any act or fraud;

5.3.3.3       to distribute viruses, malware, or other similar harmful software code;

5.3.3.4       for the purposes of promoting unsolicited advertising or spam;

5.3.3.5       to simulate messages from us or any other service or entity in order to collect identity information, authentication credentials, or other information ("phishing");

5.3.3.6        in any manner that disrupts the operation of our Website or business or the website of any other entity;

5.3.3.7        to represent or suggest that we endorse any other business product or service unless we have separately agreed to do so in writing;

5.3.3.8        to gain authorized access to us use of computers, data, systems, accounts or networks; or

5.3.3.9        to attempt to circumvent password or user authentication methods. 

5.4              Certain of the Development Products may allow you to make submissions or otherwise communicate with other persons receiving Development Products and when you make any such submissions or communications (including, but not limited to, face to face meetings, online webinars, or other methods of interactions) they must be:

5.4.1           Your own original work and lawfully submitted;

5.4.2           factually accurate or your own genuinely held belief;

5.4.3           provided with the necessary consent of any third party;

5.4.4           not defamatory or likely to give rise to an allegation of defamation;

5.4.5           not offensive, obscene, sexually explicit, discriminatory or deceptive; and

5.4.6           unlikely to cause offence, embarrassment or annoyance to others.

6              WRITING SERVICES 

6.1               Our Resume Writing Services and LinkedIn Rewrite Services (the "Writing Services") are detailed on the relevant pages on our Website or sales brochures.

6.2               We accept in good faith any information which you provide to us and we are not in any way responsible for verifying the accuracy of such information.  It is your responsibility to verify that all the information contained within any document (including your LinkedIn profile) that we provide to you as part of the Writing Services (the "Materials") is true, accurate and correct. 

6.3               We do not guarantee that the provision of the Writing Services nor any Materials supplied will result in an interview, successful application for any job, or lead to any other particular outcome, as all outcomes are dependent upon a number of additional factors over which we have no control.

Cancellation

6.4                If you decide to cancel the Writing Services after we have started providing them at your request, you must pay us for the Writing Services provided up until the time you tell us that you wish to cancel them and any refund provided to you pursuant to clause 10 shall be subject to a deduction for any part of the Writing Services which we have performed up to the time that you cancel.  Once we have completed the provision of the Writing Services you cannot change your mind, even if you are still within the cooling off period.

Delivery

6.5               We will deliver Materials to you in accordance with the timescales set out on our Website and confirm this when we provide you with a Confirmation.  Any timescales provided are estimates only and whilst we will use our reasonable efforts to comply with these, time is not of the essence and we will have no liability for failure to do so.

6.6                Due to the nature of the Writing Services we will require input from you to produce first, and possibly further drafts, of the Materials.  As such we will provide you with forms which you need to complete in order for us to produce the Materials.  We shall confirm delivery dates for all drafts with you once we have your input and/or forms and we will not be responsible for any delays caused by your failure to respond either in a timely manner or at all.

6.7                Where any element of the Writing Services involves a telephone or one to one consultation we will contact you to agree an appointment date and time which you agree must be within 6 weeks of the Confirmation.  We will make reasonable attempts to make contact with you at the time of the agreed appointment including by text, email or phone, however if we are unable to contact you using one of these methods you will forfeit that appointment and no refund will be offered.  We will thereafter attempt to work without the need for such contact however we cannot guarantee the quality of the work in these circumstances given the bespoke and personal nature of the Writing Service.

Errors and acceptance

6.8                In the unlikely event that there is a defect or error with the Writing Service we would request that you contact us and tell us as soon as reasonably possible giving us a reasonable opportunity to remedy any defect (in any event no less than 14 days) and if you do so we will use every reasonable effort to remedy the defect as soon as reasonably practicable.

6.9                Once we have delivered any Materials to you pursuant to the Writing Services such Materials shall be deemed to be accepted by you and the Writing Service complete if you do not advise us of your rejection or required further amendments within five working days (i.e. Monday to Friday, excluding bank holidays).

6.10               Any materials or information that you provide to us in order for us to perform the Writing Services must be your own and not infringe the rights of any third party.  We agree that we shall not acquire any right, title, or interest in such material other than to the extent that is strictly necessary for us to provide you with the Writing Services and you agree to indemnify us for any loss, damage, penalty, fine, or other liability which we may suffer should the material or information that you provide infringe the rights of any third party.

6.11                Notwithstanding clause 6.100 we own or are a licensee of all intellectual property rights in and to any Materials produced as part of the Writing Services subject to clause 6.10.  We grant to you a worldwide, royalty free, irrevocable licence to use such intellectual property rights for your own personal use in applying for jobs and related matters but you must not use the intellectual property rights to otherwise make a profit or provide them to any third parties without our prior written authorisation.

7            COACHING SERVICES 

7.1             Certain Development Products (described on our Website or sales brochures as "Coaching Services") are provided by means of a course (a "Course") which is broken down into separate modules which are constituted by of either one to one coaching, group coaching and/or online webinars (each a "Module").  Attendance at and/or participation in all Modules of a Course is required to successfully complete the Course.

7.2              Registration information and joining instructions will be sent to Delegates by email at least seven days prior to the start of the Course.  If you haven’t received the information by this time, you should contact us by email.  For any webinar series webinars@actuateglobal.com or for group/one to one coaching to coach@actuateglobal.com

7.3               Unless we agree otherwise, you must complete the Course within 6 months (or 12 months, in the case of any 12 month coaching packages) of the date of the Confirmation failing which you shall no longer be entitled to participate in the Course or any outstanding Modules and you will not be entitled to refund of any monies paid.

7.4              As part of the Course you may be provided with a learning plan consisting of remote work, coaching, and assignments which you will be required to complete and submit all required work to your coach by the agreed deadline.

7.5              We reserve the right to withdraw access to the Course and/or any Module and/or terminate any registration on the relevant Course or Module on written notice if you:

7.5.1             breach our code of conduct for participants and coaches, or

7.5.2             do not pay to us any monies when due.

1.                  Cancellations

7.6                    If you wish to cancel your participation on a Course, you must notify us of this in writing.  If you cancel then we may suffer loss or damage as a result of your cancellation in respect of time spent to find a replacement attendee (if this is possible at all) and as a genuine attempt to estimate what those likely damages would be, the following amounts shall be due and payable if you cancel your participation on a Course during the timescales set out below:

7.6.1              more than 60 days in advance of the start of the Course: standard administration fee of $300;

7.6.2               45 to 59 days in advance of the start of the Course – 25% the price will be payable;

7.6.3               30 to 44 days in advance of the start of the Course – 50% of the price will be payable;

7.6.4               15 to 29 days in advance of the start of the Course – 75% of the price will be payable;

7.6.5                14 days or less in advance of the start of the Course – 100% of the price will be payable.

7.7                    Where you have already paid for the Course (in full or in part), we shall be entitled to deduct the above amounts from any refund.  If you have not yet paid for the Course (or not paid enough to satisfy the above losses) we shall be entitled to recover the above amounts from you.

7.8                    If you wish to rearrange a Module less than 7 days before its date, or you do not attend/participate in a Module, then the time allocation for that Module shall be deemed to have been incurred by you regardless.

Alterations to Courses

7.9                    We reserve the right to make reasonable alterations to the Course materials, coaches and to venue and timings for Modules and/or the Course as may be necessary to facilitate proper delivery.

7.10                 If it is necessary, for any reason outside of our reasonable control, for a Course or a Module to be postponed or the dates changed, we shall not be liable for any expenditure, damage or loss incurred by you, your registration shall remain in force for the rearranged Course or Module and will be subject to the cancellation procedures set out in clauses 7.7 and 10. 

7.11                 In the unlikely event of a Course or Module having to be cancelled by us (and where we do not rearrange), a full refund will be made (less the value of any Modules that you have already attended).  Notwithstanding clause 11 our total liability in these circumstances will be limited to the amount of the price actually paid by you.

Problems with the Course

7.12                 Our primary aim is to create Courses of the highest standards that also reflect value for money.  If you are not happy with the Course or any Module and feel that it does not meet the description given on our Website and you notify the coach of this by end of the first day of the Course or the affected Module and follow this up with an email detailing your concerns as soon as possible after this, a credit may be given (at our discretion) for the Course or Module.  We will consider the reasons for dissatisfaction and if we consider that they are reasonable, an appropriate credit will be given.

7.13                 If you do not attend the Course or any particular Module you will not be eligible for a refund. 

7.14                 Notwithstanding clause 11 in no circumstances shall our liability (if any) under clause 7.12 exceed the amount paid by you.

7.15                 Any views expressed by coaches when delivering the Course are their own.  We cannot accept liability for advice given, or views expressed, by any Coach, facilitator, observer or speaker and Course or Module or in respect of any material that they provide.

Photography and Filming

7.16                 For promotional purposes, there may be a professional photographer and/or video production taking place during a Course or individual Modules including in respect of any Modules which are to be made available for later download by you as described in our Website and our sales brochure.  Participants who do not wish to be filmed or recorded should advise us by email to webinars@actuateglobal.com prior to the Course or Module starting.

Intellectual Property

7.17                 All intellectual property in any Course materials (including any online webinars) provided to or made available to you belong to (or are licensed to) Actuate Global Limited and whilst you can use these materials for your own personal use, they must not be copied, distributed or resold without our express written consent. 

Website and links

7.18                 We do not guarantee that our Website will be available 24/7 or that it will be free from errors or interruptions.  We do not therefore guarantee that any element of the Course that requires the use of our Website will be available for viewing on the Website continuously at all times or provided free of faults.

7.19                 The Course and our Website may link to other websites and networking tools provided for your convenience.  The contents of these websites are maintained by their owners, for which we take no responsibility.  Neither can responsibility be taken for contents of any website linking to our Website.

Insurance

7.20                 It is your responsibility to arrange appropriate insurance cover in connection with your attendance on the Course.  We cannot be held liable for any loss, liability or damage to personal property.  Nothing in this limits your statutory rights where you are acting as a consumer.

Special Requirements 

7.21                 You should advise us of any special access requirements at the time of purchase.

7.22                 If you have any food allergies or other dietary requirements, please tell us no later than two working days prior to the start date of the Course

YOUR OBLIGATIONS

Course Transfer

7.23                 Should you wish to transfer your attendance on a Course to the same Course to be delivered at a later date, you must request this in writing.  We will use reasonable efforts to accommodate this, but cannot guarantee this (and if under exceptional circumstances we authorize a change, we will only allow one such transfer). Any transfer must relate to the entirety of a Course and not an individual Module.  Individual Modules cannot be transferred. 

7.24                 We reserve the right to charge a fee in relation to any transfer referred to in Clause 7.23, depending on the length of notice that is given.  If the request is received:

7.24.1                     more than 60 days in advance of the start of the Course – standard administration fee of $125;

7.24.2                     30 to 59 days in advance of the start of the Course – 20% of the price will be payable as a transfer charge;

7.24.3                     15 to 29 days in advance of the start of the Court – 40% of the price will be payable as a transfer charge;

7.24.4                     14 days or less in advance of the start of the Course – course may not be transferred;

7.25                 Notwithstanding any transfer, the price for the Course shall be paid in accordance with the original payment terms.

8                         ANALYTICAL PSYCHOMETRICS 

8.1                    Our Analytical Psychometrics Services (the "Analytical Services") are detailed on the relevant pages page on our Website.

8.2                    When participating in any assessments undertaken as part of the Analytical Services it is your responsibility to ensure that you respond honestly, fully and accurately with a view to ensuring the quality and accuracy of the results.  We will not be responsible for any results of any assessment in respect of which you do not participate as required under this clause 8.2. 

8.3                    If you decide to cancel the Analytical Services after we have started providing them at your request, you must pay us for the Analytical Services provided up until the time you tell us that you wish to cancel them and any refund provided to you pursuant to clause 10 shall be subject to a deduction for any part of the Analytical Services which we have performed up to the time that you cancel.  Once we have completed the provision of the Analytical Services you cannot change your mind, even if you are still within the cooling off period.

8.4                    We will deliver the assessment results profiles to you in accordance with the timescales set out in the Confirmation or if no timescale is set out, within 72 hours of you completing all assessments.  Any timescales provided are estimates only and whilst we will use our reasonable efforts to comply with these, time is not of the essence and we will have no liability for failure to do so.

8.5                    Where any element of the Analytical Services involves a telephone or one to one consultation we will contact you to agree an appointment date and time which you agree must be within 6 weeks of the Confirmation.  We will make every reasonable attempt to make contact with you at the time of the agreed appointment including by text, email or phone, however if we are unable to contact you using one of these methods you will forfeit that appointment and no refund will be offered.  We will thereafter attempt to work without the need for such contact however we cannot guarantee the quality of the work in these circumstances given the bespoke and personal nature of the Analytical Service.

8.6                    The Analytical Services are provided on our behalf by a third party who is either the owner or are a licensee of all intellectual property rights in and to any assessment results profiles produced as part of the Analytical Services.  You must not do anything which infringes their intellectual property rights in respect of the Analytical Services and you agree to indemnify and hold us harmless in respect of any loss that we suffer as a result of your breach of this clause 8.

9                         NETWORKING EVENTS

9.1                    Details of the networking event ("Event(s)") will be set out on our Website and/or the Confirmation.

9.2                    We reserve the right to refuse your participation on a networking event (an "Event") and/or any Module and/or terminate any registration on the relevant Course or Module on written notice if you do not pay to us any monies when due.

2.                                    Cancellations

9.3                    If you wish to cancel your attendance at an Event and you are outside of the cooling off period referred to in clause 10, you must notify us of this in writing.  If you cancel and you are outside of the cooling off period referred to in clause 10 then we may suffer loss or damage as a result of your cancellation in respect of time spent to find a replacement attendee (if this is possible at all) and as a genuine attempt to estimate what those likely damages would be, the following amounts shall be due and payable if you cancel your attendance at an Event during the timescales set out below:

9.3.1                         more than 60 days in advance of the Event: standard administration fee of $40;

9.3.2                         45 to 59 days in advance of the Event – 25% the price will be payable;

9.3.3                         30 to 44 days in advance of the Event – 50% of the price will be payable;

9.3.4                         15 to 29 days in advance of the Event – 75% of the price will be payable;

9.3.5                         14 days or less in advance of the Event – 100% of the price will be payable.

9.4                    Where you have already paid for the Event (in full or in part), we shall be entitled to deduct the above charges from any refund, which refund shall be paid to within 30 days of the date on which we receive your cancellation notice.  If you have not yet paid for the Event (or not paid enough to satisfy the above losses) we shall be entitled to recover the above amounts from you.

9.5                    If it is necessary, for any reason outside of our reasonable control, for an Event to be postponed or the dates changed, we shall not be liable for any expenditure, damage or loss incurred by you, your registration shall remain in force for the rearranged Event and you will be subject to the cancellation procedures set out in clauses 9.2 and 10.

9.6                    In the unlikely event of an Event having to be cancelled by us (and where we do not rearrange), a full refund will be made.  Notwithstanding clause 11 our total liability in these circumstances will be limited to the amount of the price actually paid by you.

9.7                    If you do not attend the Course or any particular Module you will not be eligible for a refund. 

10                      TERMINATION 

10.1                 To exercise the right to cancel the Contract, you must inform us of your decision to cancel by a clear statement confirming:

10.1.1                     your name;

10.1.2                     your address;

10.1.3                     your email address that you signed up to the Development Products with;

10.1.4                     any order number you have been given; and

10.1.5                     confirming that you wish to cancel the Development Products.

10.2                 Notification of your desire to cancel should be given to us in one of the following ways:

10.2.1                     by email to hello@actuateglobal.com; or

10.2.2                     by post to Actuate Global, 227 West Monroe Street, 21st Floor, Chicago IL 60606 (please obtain proof of postage); or

10.2.3                     by contacting our customers services team by live chat or by email at customercare.us@Actuateglobal.com

10.3                 To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

10.4                 If you cancel the Contract we will reimburse to you the price you paid for the Development Products, however we may make a deduction from the reimbursement for the value of any use you have made of the Development Products during that period, or any work we have undertaken in respect of an Development Product at your request.

10.5                 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.

10.6                 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Early termination by you

10.7                 Without affecting any other right or remedy available to you, you may have a legal right to end the Contract because of something we have done or are going to do. These reasons include:

10.7.1                     we have told you about an upcoming change to the Development Product to which you do not agree and which we are not otherwise allowed to make in accordance with these Terms;

10.7.2                     there is a risk that our ability to provide the Development Product may be significantly delayed because of events outside our control;

10.7.3                     we have suspended supply of the Development Product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days.

10.8                 Even if we are not at fault and you do not have a right to change your mind (see clause 13.1), you can still end the Contract before the completion of delivery of the Development Product but you will not be entitled to a refund of any fees paid.  If you want to end the Contract before the completion of delivery of the Development Product where we are not at fault just contact us to let us know and the Contract will end immediately.

Early termination by us

10.9                 We may end the Contract at any time by writing to you (with no liability to you) if:

10.9.1                     you breach the terms of the contract (including the Terms of Website Use);

10.9.2                     you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

10.9.3                     you do not, within a reasonable period of time from us asking for it, provide us with information that is necessary for us to provide the Development Products;

10.9.4                     you are in breach of any of your obligations set out in these Terms;

10.9.5                     if an event described in clause 12 occurs and continues for a period of one month.

11                      Our liability to you as a consumer

11.1                 If we breach the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if such loss or damage was an obvious consequence of our breach or if they were contemplated by you and us at the time you purchased the Development Products.

11.2                 We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3                 Where we make documents, templates or any other materials available to you, these are provided for information and assistance purposes and do not constitute the provision of legal advice.  Before seeking to rely on any document or entering into any contract, we would suggest that you take independent legal advice.

1.1                    We will not be liable to you in connection with the Development Products for an amount that exceeds the total price of the Development Product in respect of which the relevant liability arose.

1.2                    We do not in any way exclude or limit our liability for:

1.2.1                         death or personal injury caused by our negligence;

1.2.2                         fraud or fraudulent misrepresentation.

2                         Events outside our control

2.1                    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by, or, contributed to in any material way, an event outside our control nor where such an event outside makes performance with the Contract onerous to a degree not reasonably in the contemplation of the parties at the time of entering the Contract.  An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, changes in the law or the issuance of governmental orders, advise, recommendations or similar edicts, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

2.2                    If an event outside our control takes place that affects the performance of our obligations under these Terms:

2.2.1                         we will contact you as soon as reasonably possible to notify you; and

2.2.2                         our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.  Where the event outside our control affects our delivery of Development Products to you, we will arrange delivery of the Development Products to you after the event outside our control is over.

3                         Other important terms

3.1                    We may transfer our rights and obligations under the Contract to another organization but this will not affect your rights under the Contract.  We will always notify you by posting on our Website if this happens.

3.2                    You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

3.3                    Subject to clauses 13.1 and 13.2 no person shall have any rights to enforce any terms of the Contract other than you and us.

3.4                    Each of the clauses of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, then the affected clause(s) shall be interpreted with such minimum modification as is necessary to make it lawful or enforceable and the remaining clauses will remain in full force and effect.

3.5                    If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights in any way or that you no longer have to comply with your obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

3.6                    Please note that these Terms, their subject matter and their formation, are governed by Illinois State law.

 

US MEMBERSHIP TERMS

These terms and conditions ("Terms") (together with our Privacy Policy (detailing our use of your personal information) and our Terms of Website Use tell you information about us and the legal terms and conditions on which we provide our membership services ("Membership Services") listed on our website www.Actuateglobal.com (our "Website") to you.

References to "Actuate", "we", "us" and "our" refer to Actuate Global Limited part of InTouch Inc and to "you" and "your" are to you, the member.

These Terms apply to the contract between us relating to our provision of, and your use of the Membership Services only (the "Contract").  If you wish to purchase other services then the terms and conditions relating to our additional services can be found at us.actuateglobal.com.

Please take the time to read these Terms before signing up to our Membership Services, as they include important terms which apply to you. Please note that by signing up to our Membership Services, you agree to be bound by these Terms and the other documents expressly referred to in them.  Before signing up to our Membership Services you will be asked to agree to these Terms.  If you do not accept these Terms, you will not be able to use the Membership Services.

When signing up to our Membership Services on our Website, please click on the button marked "I Accept" when completing your registration if you accept these Terms.

When you sign up to our Membership Services by telephone with one of our membership managers they will refer to these Terms as applying to your membership.

KEY MEMBERSHIP TERMS

Your subscription to the Membership Services will auto-renew at the end of each subscription period unless you notify us that you do not wish to renew at least 30 days before this and particular attention should therefore be paid to clauses 5 and 9;

  • Payment for renewal of your subscription will be taken 14 days’ prior to the end of each subscription period and you should pay particular attention to clauses 5.3 and 9.3;
  • We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms. However, please note that we will not be liable for an amount that exceeds the price of your membership for the subscription period during which the loss occurred and you should pay particular attention to clause 11.

We may amend these Terms from time to time, as noted in clause 5.  You should keep a copy of these Terms for future reference.  These Terms are only available in the English language.

1                         Information about us

We are Actuate Global ltd part of In Touch (US) Inc, is a privately held company registered in Delaware, our registered address is at 227 West Monroe Street, 21st Floor, Chicago IL 60606.

 

2                         Contacting us

2.1                    If you wish to contact us for any reason, the best way to do so is by email at customercare.us@actuateglobal.com or hello@iactuateglobal.com, or by using our Contact Us form on the Website or using our live chat "Help" function on our Website.

2.2                    If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you sign up to our Membership Services.

3                         Our Membership Services

3.1                    Details of our Membership Services are set out on the memberships page on our Website

3.2                    We will supply our Membership Services to you until either:

3.2.1                         your subscription expires in accordance with clause 9; or

3.2.2                         either of us terminate the Contract in accordance with clause 10.

3.3                    We will provide the Membership Services with reasonable skill and care.  Where we give a timescale for provision of any element of the Membership Services, this is an estimate only and whilst we will use our reasonable efforts to achieve any dates we have notified, we will have no liability for failure to do so.

3.4                    If you have subscribed to a package that includes any resume or coaching elements as part of your Membership Services then you must complete those elements within 8 weeks of the date of your Membership Confirmation referred to in clause 4.3.

3.5                    You have legal rights in relation to Membership Services not carried out with reasonable skill and care, or if not as described. Advice about your legal rights is available from your local Better Business Bureau. Nothing in these Terms will affect these legal rights.

4                         Registration and contracting process

4.1                    You can register to use our Membership Services by one of two methods:

4.1.1                         via our Website - our Website pages will guide you through the steps you need to take to register for our Membership Services.  You need to provide your full name, email address and phone number together with other information and you are responsible for ensuring that your registration details are complete and accurate.  Our registration process allows you to check and amend any errors in your order before submitting it to us so please check carefully before confirming the details. 

4.1.2                         by telephone - you can also register for our Membership Services over the phone by calling us on +1(312) 598-2800. One of our membership managers will take you through the registration process by telephone and you will need to provide the same information as during a website registration. Please note that our calls maybe recorded for training and monitoring purposes.

4.2                    You may also register your interest in our Membership Services (without subscribing to them) via our Website or by telephone by providing the information referred to in clause 4.1.1

4.3                    After you successfully registered for our Membership Services, you will receive an email from us acknowledging that we have received your registration and confirming that your membership profile has been verified, and accepted by us, and is active ("Membership Confirmation"). The Membership Confirmation will also confirm your portal log on details.

4.4                    Your membership will only be activated when we send you the Membership Confirmation at which point the Contract will come into force.  Please ensure that you check your "Spam" folders as sometimes messages can get caught by filters.

5                         Price and payment

5.1                    Subject to clause 9.3, the price of the Membership Services will be the price indicated:

5.1.1                         either on the order pages of our Website if you placed your order through our website, or

5.1.2                         advised to you by our membership manager if you placed your order by telephone.

5.2                    We use our best efforts to ensure that the price of the Membership Services is correct but from time to time our sales agents may make mistakes when quoting prices to you by telephone and/or our website may display an error in pricing.  If this happens and is due to our genuine mistake we will follow this up and confirm the correct price with you at which point you can either agree to subscribe for the Membership Services at that correct price or not.  If you still wish to subscribe for the Membership Services then the Contract shall be concluded with you in accordance with clause 4.2 but if you do not wish to subscribe to the Membership Services then no contract shall come into force with you.

5.3                    We accept payment by credit or debit card.  You must make payment for your membership in advance on sign up and at least 14 days prior to any renewal of your Membership Services under clause 9 (unless we agree a different payment plan, in which case you agree to pay in line with such agreed timescales). 

5.4                    If you do not make any payment to us by the due date we may (in addition to any other rights we may have) charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Federal Reserve System (FED) from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6                         Our right to vary these Terms & the Membership Services

6.1                    We may revise these Terms as they apply to your Membership from time to time to the extent necessary to reflect changes in relevant laws and regulatory requirements and our business practices and procedures, including the technologies and payment methods we use.

6.2                    We may make amendments to the Membership Services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product. 

6.3                    We are also entitled to make more substantial changes to the Membership Services, but we will provide you with at least thirty (30) days’ notice of these changes before they come into effect if they remove any material functionality or features. If you do not agree to any such changes you must notify us within that notification period and you will be entitled to a refund for any unused part of your Membership Services.

7                         AVAILABILITY

7.1                    We do not guarantee that our Website will be available 24/7 or that it will be free from errors or interruptions. We do not therefore guarantee that Membership Services will be available for viewing on the Website continuously or provided free of faults.

7.2                    In the unlikely event that there is any defect or error with a Membership Service you have signed up to we will use every reasonable effort to repair or fix the defect as soon as reasonably practicable and would request that you: 

7.2.1                         contact us and tell us as soon as reasonably possible;

7.2.2                         give us a reasonable opportunity to repair or fix any defect (in any event not less than 2 business days).

7.3                    We will contact you in advance to tell you if we will be suspending supply of your Membership Service due to errors, defects or other issues with our website, unless the problem is urgent or an emergency.

7.4                    If we suspend the supply of your Membership Services, or there is a defect or error which affects the provision of the Membership Services then no refunds or rebates of the price for the Membership Services shall be due or payable unless the Membership Services are affected for a period of more than 30 days in which case you shall be entitled to terminate the Contract and we will refund you a reasonable amount of the fees you have paid by reference to (i) the use you have made of the Membership Services up to that point, and (ii) the remaining period of your subscription.

8                         your obligations

8.1                    You agree that you shall:

8.1.1                         co-operate with us in all matters relating to the Membership Services;

8.1.2                         provide us with such information and materials as we may reasonably require in order to supply the Membership Services, and ensure that such information is complete and accurate in all material respects;

8.1.3                         not use the membership portal:

8.1.3.1                             for any purpose that is unlawful;

8.1.3.2                             to commit any act or fraud;

8.1.3.3                             to distribute viruses, malware, or other similar harmful software code;

8.1.3.4                             for the purposes of promoting unsolicited advertising or spam;

8.1.3.5                             to simulate messages from us or any other service or entity in order to collect identity information, authentication credentials, or other information ("phishing");

8.1.3.6                             in any manner that disrupts the operation of our website or business or the website of any other entity;

8.1.3.7                             to represent or suggest that we endorse any other business product or service unless we have separately agreed to do so in writing;

8.1.3.8                             to gain authorized access to use of computers, data, systems, accounts or networks; or

8.1.3.9                             to attempt to circumvent password or user authentication methods.

8.2                    The membership portal may allow you to make submissions or otherwise communicate with other persons on the portal and when you make any such submissions or communications they must be:

8.2.1.1                             your own original work and lawfully submitted;

8.2.1.2                             factually accurate or your own genuinely held belief;

8.2.1.3                             provided with the necessary consent of any third party;

8.2.1.4                             not defamatory or likely to give rise to an allegation of defamation;

8.2.1.5                             not offensive, obscene, sexually explicit, discriminatory or deceptive; and

8.2.1.6                             unlikely to cause offence, embarrassment or annoyance to others.

9                         Duration of your Membership Services

9.1                    When you sign up for the Membership Services, you will be asked to choose a length for the term of your initial subscription and subject to earlier termination under these Terms, the Contract shall continue in force for this period.

9.2                    On expiry of this initial subscription period (and any subsequent renewal period), the Contract shall automatically renew on the then current version of these Terms for a further period of time equal to your initial subscription period unless either you or we have given the other written notice to terminate the Contract, such notice to have been given no less than 30 days prior to the end of the initial subscription period or (as the case may be) any subsequent renewal period.

9.3                    The price for any renewal of your Membership Services under clause 9.2 shall be at our then current rates which we shall notify you of at least 45 days prior to the end of your then current term if the then current prices have increased by an amount above (i) the rate of increase in the retail prices index for the initial subscription period or renewal period (as the case may be), or (ii) 5%, whichever is the greater.

9.4                    Should our first attempt to take payment on renewal fail, we will attempt to take a second payment within the following 14 days and an admin charge of $25 will be levied in respect of our costs incurred in attempting to take the first payment.  If the second attempt at taking payment fails then a further admin charge $25 shall be levied in respect of our costs incurred in attempting to take the second payment and we reserve the right to commence debt recovery procedures against you.

10                      termination

Early termination by you

10.1                 Without affecting any other right or remedy available to you, you may have a legal right to end the Contract because of something we have done or are going to do. These reasons include:

10.1.1                     we have told you about an upcoming change to the Membership Services or these Terms (other than pursuant to clauses 6.1 or 6.2) to which you do not agree;

10.1.2                     there is a risk that our ability to provide the Membership Services may be significantly delayed because of events outside our control;

10.1.3                     we have suspended supply of the Membership Services for technical reasons or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days.

10.2                 Even if we are not at fault and you do not have a right to change your mind, you can still end the Contract before the end of the current subscription period but you will not be entitled to a refund of any fees paid.  If you want to end the Contract before the end of your current subscription period re we are not at fault and you have not changed your mind just contact us to let us know and the Contract will end immediately.

Early termination by us

10.3                 We may end the Contract at any time by writing to you (with no liability to you) if:

10.3.1                     you breach the terms of this agreement (including the Terms of Website Use);

10.3.2                     you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

10.3.3                     you do not, within a reasonable period of time from us asking for it, provide us with information that is necessary for us to provide the Membership Services;

10.3.4                     you are in breach of your obligations set out in clause 8.

11                      Our liability to you as a consumer

11.1                 If we breach the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Whether or not loss or damage is foreseeable is dependent on whether if such loss or damage was an obvious consequence of our breach or if it was contemplated by you and us at the time you signed up to the Membership Services.

11.2                 We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3                 Where we make documents or templates available to you, these are provided for information and assistance purposes only and nothing within them shall constitute the provision of legal advice.  Before seeking to rely on any document or entering into any such documents or templates, we would suggest that you take independent legal advice.

11.4                 We will not be liable to you in connection with the Memberships Services for an amount that exceeds the total price of your membership subscription for the period during which the relevant liability arose.

11.5                 We do not in any way exclude or limit our liability for:

11.5.1                     death or personal injury caused by our negligence.

11.5.2                     fraud or fraudulent misrepresentation.

12                      Intellectual property rights

12.1                 We own (or are a licensee of) all intellectual property rights in our Website/portal and in the material published on it. Those works are protected by copyright and other laws relating to intellectual property around the world. You are permitted to print off copies and download extracts from our Website or the material published on it for your own personal use provided that you do not modify these in any way or share these with third parties in any way (but you may draw the attention of others to material posted on our Website). You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any use of extracts from the Website or materials published on it other than in accordance with this clause 12 for any purpose is prohibited.

12.2                 If you upload any copyright protected material (including photographs) to our Website, it is your responsibility to obtain the permission of the copyright owner and you agree to indemnify us and hold us harmless against any losses, damages, or penalties that we suffer as a result of you uploading any material in respect of which you do not have the permission of the copyright owner.

12.3                 Please see our Website Terms of Use for further details on our intellectual property rights and the content uploaded by our members.

13                      Events outside our control

13.1                 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control which means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.2                 If an event outside our control takes place that affects the performance of our obligations under these Terms:

13.2.1                     we will contact you as soon as reasonably possible to notify you; and

13.2.2                     our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the Event Outside Our Control affects our delivery of Membership Services to you, we will arrange delivery of the relevant Membership Services to you after the event outside our control is over.

13.3                 If the event outside of our control continues for longer than 30 days then you shall be entitled to terminate the Contract and we will refund you a reasonable amount of the fees you have paid by reference to (i) the use you have made of the Membership Services up to that point, and (ii) the remaining period of your subscription.

14                      Other important terms

14.1                 We may transfer our rights and obligations under the Contract to another organization but this will not affect your rights under the Contract. We will always notify you by posting on our Website if this happens.

14.2                 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Any purported delegation, transfer or assignment by you shall be null and void.

14.3                 Subject to clauses 14.1 and 14.2 no person shall have any rights to enforce any terms of the Contract other than you and us.

14.4                 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, then the affected clause(s) shall be interpreted with such minimum modification as is necessary to make it lawful or enforceable and the remaining clauses will remain in full force and effect.

14.5                 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights in any way or that you no longer have to comply with your obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.6                 Please note that these Terms, their subject matter and their formation, are governed by Illinois State law.

14.7                 For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

14.8                 If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Services, please contact us by email at customercare.us@actuateglobal.com

15                       Feedback

We welcome your feedback, testimonials, comments, ideas and reviews about the Services (“Feedback”).

Unless specifically otherwise stated, you agree that by submitting Feedback to us, (i) such Feedback shall be deemed to be non-confidential, and (ii) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.